Pre-existing conditions can have a huge impact on wrongful death claims because they might indicate that the death was not entirely the fault of the negligent party. Our wrongful death lawyers at Kogan & DiSalvo can help you understand how your loved one’s pre-existing conditions might affect your claim and how you can still get the compensation owed to you.

How Does Florida Law Define Wrongful Death?

Florida law defines wrongful death as a death that happens due to another person’s “wrongful act, negligence, default, or breach of contract or warranty.” This means that any death that occurs because of another person’s fault is a wrongful death that may warrant legal action and compensation. 

Types of accidents that commonly cause wrongful death include:

• Car accidents
• Medical malpractice
• Slip-and-falls
• Defective products
• Construction site accidents

Under Florida’s wrongful death law, the burden lies with the person filing the claim to prove that the other party’s actions caused the death. If the deceased had pre-existing conditions that affected their health, the other party might refute the wrongful death claim by asserting that those conditions were the actual cause of death. 

When Is a Pre-Existing Condition Relevant in a Wrongful Death Case?

One situation in which a pre-existing condition becomes relevant is when the condition may have been the actual cause of death. For example, a person might become hospitalized after a slip-and-fall, but an unrelated illness might lead to a fatal outcome while they are undergoing treatment. In this case, the deceased’s estate might qualify for survival action, but a court may rule that it is not wrongful death.

On the other hand, a pre-existing condition can be relevant if the accident aggravated the condition. For example, a person might have a heart condition that becomes directly aggravated in a car accident. If this aggravation leads to a fatal outcome, the negligent party is still liable for the wrongful death even though a pre-existing condition was also a factor.

How Can You Prove Causation Despite a Pre-Existing Condition?

Proving causation in any accident case starts by establishing the other party’s duty of care. Drivers have a duty to other people on the road, business owners have a duty toward guests and medical staff have a duty toward patients. If a person violates this duty of care, it is an act of negligence that can cause a wrongful death.

The next step is to establish that the negligence directly resulted in harm to the deceased. Medical records, expert testimony and witness statements can all help prove exactly how the accident happened and what caused the damage. Your wrongful death attorney will also conduct a thorough investigation to find any other forms of evidence that will support your case.

Will the Deceased’s Health History Affect Wrongful Death Compensation?

Your loved one’s health history can have an impact on the compensation your family receives for a wrongful death. If the court rules that the death happened entirely because of a pre-existing condition, you may be unable to recover any compensation through a wrongful death claim. However, it may still be possible to pursue a survival action on behalf of the deceased.

Even if the accident aggravated a pre-existing condition and accelerated a fatal outcome, the presence of the pre-existing condition can still affect compensation. In this case, the court may rule that the accident contributed to the death but was not the sole cause.

What Compensation Is Available in a Wrongful Death Claim?

When you file for wrongful death, you are seeking to recover the losses you and your family suffered due to the loss of a loved one. These losses may include:

• Medical expenses prior to the death
• Loss of companionship or consortium
• Loss of household income
• Emotional pain and suffering
• Funeral and burial expenses

The death of a loved one is a catastrophic loss, so you deserve suitable compensation from the responsible party. The fact that a pre-existing condition can affect this compensation makes it very important to seek legal counsel that will help you recover as much as possible.

Call Our Florida Wrongful Death Attorneys Today

At Kogan & DiSalvo Personal Injury Law, we use every resource at our disposal to advocate for grieving families pursuing a wrongful death claim. We believe that you deserve time to mourn and focus on finding a new sense of normalcy. That is why we provide guidance every step of the way and carry the burden of negotiating a settlement on your behalf.

Contact us today for your free case evaluation. Our Florida wrongful death attorneys will help you understand your legal options.

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When a tragic incident makes headlines, the stakes are high, and the legal landscape becomes more complex. At Kogan & DiSalvo, we are proud to take on highly publicized cases and large-scale lawsuits, ensuring that justice is served and meaningful changes are pursued. Recently, we have been entrusted with representing the family of James “Jim” Ostrowski, a beloved Boca Raton resident, in their wrongful death lawsuit against Brightline Trains Florida, LLC—a case that has drawn significant media attention and public concern.

Fighting for Justice in the Face of Tragedy

The Ostrowski family’s case against Brightline centers on the tragic death of Jim Ostrowski, a retired executive, community leader, and family man. On October 25, 2022, Mr. Ostrowski was fatally struck by a Brightline train at a railway crossing in a “quiet zone” near SW 18th Street and South Dixie Highway. The lawsuit alleges negligence on Brightline’s part, citing inadequate safety signage, visibility issues, and a history of safety concerns.

Key points from the case include:

• Faded and Non-Compliant Safety Signage: The “No Train Horn” sign was reportedly faded and illegible, failing to meet federal safety standards.
• Obstructed Visibility: Dense foliage and a curvature of the track made it difficult for pedestrians to spot approaching trains.
• Pattern of Danger: Brightline is known as the deadliest train per mile in the U.S., with numerous fatalities since its inception in 2017.

As stated by Attorney Todd Baker of Kogan & DiSalvo, “This lawsuit isn’t just about Jim—it’s about ensuring Brightline adopts real and lasting safety measures to protect the public.”

Why Kogan & DiSalvo Stands Out in High-Profile Cases

Handling a case of this magnitude requires not only legal expertise but also the ability to navigate the intense public and media scrutiny that comes with it. Kogan & DiSalvo is uniquely equipped to take on such challenges, offering:

• Compassionate Client Advocacy: We understand the profound emotional toll these cases have on families and work tirelessly to honor their loved ones’ memories.
• Proven Legal Strategies: With a track record of success in complex personal injury and wrongful death cases, we approach every claim with meticulous attention to detail.
• Commitment to Accountability: Our goal extends beyond financial compensation; we strive for systemic change to prevent future tragedies.

In the Ostrowski case, this means advocating for stronger safety protocols at railway crossings, ensuring compliance with federal standards, and holding Brightline accountable for its operations.

Making a Difference Beyond the Courtroom

For the Ostrowski family, the lawsuit is about more than seeking justice—it’s about creating safer communities. As Mrs. Ostrowski, Jim’s wife of 52 years, shared, “This tragic and preventable loss has deeply affected our family. We hope to hold Brightline accountable and push for critical safety reforms.”

This sentiment underscores the impact high-profile cases can have on public safety and corporate accountability. At Kogan & DiSalvo, we take pride in standing beside families like the Ostrowskis, ensuring their voices are heard and their efforts lead to meaningful change.

Trust Kogan & DiSalvo for Complex, High-Stakes Cases

When you choose Kogan & DiSalvo, you’re partnering with a team that doesn’t shy away from challenges. Whether it’s a high-profile lawsuit or a sensitive personal injury case, we bring the same dedication, expertise, and compassion to every client.

If you or a loved one has experienced a tragic loss or injury due to negligence, reach out to us today. Together, we can pursue justice and work toward a safer future.

At Kogan & DiSalvo, we don’t just handle cases—we advocate for change. Let us fight for you.

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In Florida, wrongful death claims must be brought within two years of the victim’s passing. Failure to bring a claim before the statute of limitations expires will almost certainly result in the court dismissing your case.

Two years is not a lot of time for grieving families to pursue compensation for the loss of a loved one due to the negligence of another party. If your loved one died in an accident caused by someone else, a Florida wrongful death attorney from Kogan & DiSalvo can advise you of your family’s legal options and get started on your case promptly.

When Does the Wrongful Death Statute of Limitations Begin?

A wrongful death claim may arise from many of the same situations as a personal injury claim. Some of the most common grounds for these cases include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and falls
• Nursing home abuse and neglect

Whether one of these or another type of accident results in personal injury or wrongful death, the clock typically starts when the injury or accident occurs. However, if the victim is not killed instantly, the statute of limitations won’t begin until the date of death.

Depending on the circumstances, this could be weeks or even months after the (ultimately fatal) injury.

When Does the Statute of Limitations Apply?

One of the most important things to understand about the statute of limitations is that it refers to the time you have to bring a wrongful death claim (i.e., file a lawsuit). It does not represent the deadline for your case to be resolved.

Claims involving significant damages can take years to wend their way through the courts. Fortunately, as long as the family files suit for wrongful death within the statute of limitations, they are not denied the opportunity to recover compensation even if the case takes longer than two years for a settlement to be reached or a favorable judgment to be won in court.

Will I Need to File a Wrongful Death Lawsuit?

Wrongful death claims strive to recover damages for the loss of a person. As such, the damages in these claims tend to be very high, which increases the likelihood that the matter will have to be decided in court.

That said, it is not impossible for a wrongful death claim to be settled out of court. You and your family might never even have to file a lawsuit.

However, surviving family members must be aware of the statute of limitations as the case progresses. If it seems like negotiations are dragging out or the likelihood of a settlement is slim, your attorney may recommend filing suit to ensure that you do not exceed the two-year statute of limitations.

When Should I Start a Wrongful Death Claim?

If you believe someone else’s negligence caused the death of your loved one, it is crucial to speak to a wrongful death attorney as soon as possible. Although you may feel overwhelmed or even paralyzed by the grief associated with the sudden loss, seeking prompt legal counsel is key for ensuring that a potential claim is resolved in a timely fashion.

One of the benefits of contacting a lawyer sooner than later is the ability to entrust your legal concerns and considerations to a qualified professional. Filing a claim is difficult under any circumstances, especially when you are coping with a death in the family.

Your attorney can take a number of steps on your family’s behalf, enabling you and your relatives to focus on healing. These steps include:

• Investigating the circumstances of your loved one’s death
• Identifying the party or parties that may be at fault
• Collecting evidence in support of your claim, including medical records, autopsy reports, photographs, witness statements, etc.
• Hiring experts to assess the evidence and provide testimony
• Calculating the compensation in your case, including damages to the estate and the survivors

Given the statute of limitations for wrongful death, these steps must be taken quickly. Without the assistance and guidance of an attorney, families typically struggle to do what is necessary to build a case on their own – especially with a deadline looming.

Don’t Delay – Get Started on Your Wrongful Death Claim Sooner Than Later

Wrongful death claims can be complicated. Defendants often dispute liability for someone’s death, and their insurance companies frequently try to pay as little as possible for the often significant losses faced by surviving loved ones. It is not uncommon for these parties to attempt to “run out the clock,” leaving families with no legal recourse after the statute of limitations expires.

The attorneys at Kogan & DiSalvo take prompt and aggressive action to ensure that your case is handled well within the time limit imposed by law. We prepare each case as though it will go to court, and never hesitate to file suit and proceed to trial if it means achieving superior results on behalf of our clients.

Please contact Kogan & DiSalvo by calling (561) 375-9500 today for a free case evaluation. Our wrongful death lawyers serve clients throughout Florida from offices in West Palm Beach, Boca Raton, Fort Lauderdale, Boynton Beach, Stuart, Lakeland, Tampa, Palm Bay, St. Petersburg and Delray Beach.

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These issues represent uncharted territory for most families. And, in the event of a wrongful death, additional legal considerations can arise that you and your loved ones may be unprepared to navigate.

Kogan & DiSalvo has extensive experience helping clients through the aftermath of fatal accidents, including filing claims for wrongful death. Contact a Fort Lauderdale wrongful death attorney for a free case review, or call (561) 375-9500.

Who Can Bring a Wrongful Death Claim?

In Florida, only the personal representative of the deceased individual’s estate may file a claim for wrongful death. The personal representative can be named in one of two ways:

1. The decedent’s will: If the deceased individual (the decedent) has a valid will at the time of his or her death, the personal representative should be named in the will.
2. Through probate: If a decedent dies intestate (i.e., he or she has no valid will in place at the time of death), the probate court will name someone as the personal representative.

The personal representative is often a family member. However, there is no legal requirement that the representative has to be related to the deceased.

In a wrongful death lawsuit, the personal representative seeks to recover damages sustained by the estate that the decedent could have claimed had he or she survived. However, the estate is not the only party that may recover damages for wrongful death.

Who Is Entitled to Damages in a Wrongful Death Claim?

When filing a wrongful death lawsuit, the personal representative is required to name all of the parties that may benefit from a settlement or award. Surviving family members make up the majority of potential beneficiaries, but other parties may be entitled to compensation as well.

A wrongful death attorney can help you identify all of the parties that should be included in your claim. The following individuals may be entitled to recovery of specific losses related to the death of a loved one:

• Spouses: Loss of companionship and protection, pain and suffering damages
• Minor children (a child under the age of 25): Loss of parental guidance and protection, pain and suffering damages
  • Children of any age can recover these damages if the decedent has no living spouse
• Parent(s) of a minor child: Pain and suffering damages
  • The parent or parents of an adult child can make a similar claim in the absence of other surviving family members (i.e., a spouse, grandchildren, etc.)
• All survivors: Loss of support and services; those who paid medical bills or funeral expenses may recover additional economic damages

The estate may recover compensation for medical and funeral expenses, as well as lost wages from the time the decedent was injured and his or her death (not applicable in cases of sudden death). Florida law also allows the estate to pursue recovery of expected earnings and other foreseeable financial gains (known as “prospective net accumulations”) in select circumstances. These damages may be distributed to the survivors in accordance with the decedent’s will or according to the laws of intestate succession (if there is no will).

Finally, creditors may have a claim to compensation recovered by the estate in a wrongful death lawsuit.

Wrongful Death Damages in Medical Malpractice Claims

Unlike many states, Florida does not have a cap on the damages that can be recovered in wrongful death claims. However, when wrongful death occurs as a result of medical malpractice, the types of damages available to certain parties are limited.

Specifically, adult children (i.e., those aged 25 and older) are not entitled to damages for loss of parental guidance or pain and suffering if a parent dies due to medical negligence. The parents of an adult child are similarly barred from pain and suffering damages in wrongful death claims arising from malpractice.

Contact a Fort Lauderdale Wrongful Death Attorney Today

You only have one opportunity to make a legal claim for the wrongful death of a loved one. It is crucial to work with an experienced attorney who can help you pursue the maximum compensation you and your family deserve.

For more than 25 years, Kogan & DiSalvo has been serving clients in Fort Lauderdale and other areas of Florida in personal injury and wrongful death claims. We recognize the challenges facing those who have lost relatives to the negligence of others, and we have the knowledge, resources, and commitment to success to help you and your family recover the money you need to move forward with your lives.

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Please call Kogan & DiSalvo at (561) 477-9000 today to speak to a Fort Lauderdale wrongful death attorney. Your initial consultation is free, and you pay nothing until we recover compensation on your behalf.

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