Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Can You Win a COVID-19 Wrongful Death Lawsuit in Florida?

% of readers think this story is Fact. Add your two cents.


The COVID-19 pandemic is anything but fair. It has taken the lives of hundreds of thousands of people and has gravely sickened millions more.

Any death that results from COVID-19 feels like it should be classified as a “wrongful death” simply because everything about this virus feels so wrong.

Can You Win a COVID-19 Wrongful Death Lawsuit in Florida?

But in the eyes of the law, wrongful death means something very different. While most deaths can feel untimely and unfair, wrongful death is classified as a claim against a person who can be held directly liable for a death that could have been prevented.

When it comes to figuring out how COVID-19 and wrongful death lawsuits intertwine, there’s still a lot of gray areas to sift through. But we believe the future holds hope.

Entering New Territory

Since the COVID-19 pandemic began in early 2020, more than 1,000 wrongful death lawsuits have been filed against employers for allegedly failing to keep their place of employment safe from the spread of the virus.

From a legal standpoint, the biggest question on the mind at this stage is: Are there currently any precedents in place that would allow for these plaintiffs to win their cases? The answer for the time being is: They may be on their way.

Every day, employers are learning new ways to maintain levels of safety in their workplace that their employees find secure and comfortable, and which also adhere to the legal standards that are building alongside them simultaneously.

But if a business fails to comply with these ongoing changes and standards, it’s reasonable to think they may be held accountable for the deaths of their employees — so long as those deaths are found to be a direct result of the employer’s negligence. And this is where each case that’s brought to court serves its unique purpose.

We’re entering new territory in every aspect of this pandemic, and the laws surrounding it are no exception.

Setting precedent is the first step in any new realm of claims, cases, and laws, and until it’s set, the best way forward is to continue bringing your cases to attention and trying them so that laws can be adapted based on their outcomes.

In early February 2021, Florida State Senator Jeff Brandes filed “Senate Bill 74, COVID-19-related Claims Against Health Care Providers.”

This proposed bill suggests implementing strong protections from civil liability for health care providers across the state of Florida who has served Florida residents either suffering from COVID-19 or dealing with other illness and injury during the COVID-19 crisis.

Important Cases to Watch

Setting precedent results from cases that are brought to trial and the decisions and compensations that are awarded from them. There are “firsts” in every new field of law and type of case, and for COVID-19, these precedent-setting scenarios are already making themselves known.

Gutierrez vs. Publix Super Markets Inc.

This is one of the more attention-grabbing COVID-19-related wrongful death cases in the state of Florida.

The family of a deceased Publix deli counter worker, Gerardo Gutierrez, filed a lawsuit against the supermarket chain for actively forbidding their employees from wearing protective face masks early in the first stages of the pandemic.

At that time, 70-year-old Gutierrez allegedly contracted COVID-19 from a coworker who tested positive and subsequently passed away.

Lanzo vs. Generations Behavioral Health

Raymond Lanzo worked as a nurse at a mental health facility in the state of Ohio before contracting COVID-19 and passing away.

His wife is now seeking more than $25,000 in damages against Generations Behavioral Health, alleging the facility was negligent in their requirement to follow COVID-19 guidelines issued by the state of Ohio, which led to Lanzo’s exposure and death.

Norwood vs. Rodi Marine LLC

Michael Norwood is a now-deceased crew member who worked for this marine shipping company on a supply vessel based off the coast.

His wife is filing a suit against the shipping company for putting her husband in danger when they dispatched him to Alabama to perform services for the company. This was where he experienced the COVID-19 exposure that led to his death.

Iniguez vs. Aurora Packing Company, Inc.

In an interestingly complex scenario, Erika Iniguez, who is the administrator of the estate of Esperanza Ugalde, now deceased, is filing a lawsuit against the meatpacking company that employed Ugalde’s husband.

Aurora Packing Company was allegedly negligent and allowed Ricardo Ugalde to contract COVID-19 while he worked for them. In turn, he infected his wife, who later died.

Montgomery vs. Prevarian Senior Living, LP

The family of Monica Montgomery, who worked as a dietary supervisor for Prevarian Senior Living for twelve years, is suing the company for her wrongful death.

They allege gross negligence on the part of the company for not implementing necessary safety protocols that led to Montgomery experiencing an increased risk of exposure to COVID-19 in the facility. Her family is seeking $1 million in damages and a jury trial.

Will These Cases Win?

Even though several of these lawsuits were filed within the first half of 2020, it’s still too early to say whether or not the plaintiffs will succeed in receiving the damages they believe they are owed.

Evidence is still being gathered, testimony heard, and cases tried in court. But even in their ongoing stages, each of these cases — along with hundreds more — pose interesting scenarios that are worth studying closely.

The biggest challenge with each lies in proving it was, in fact, each victim’s place of employment that directly caused them to contract the virus.

From there, the challenges vary; in the case of Michael Norwood, was it within his employer’s right to send him to a new location for work, even knowing the risks of doing so? In the case of the Ugalde family, can the employer be sued for the death of one of their employee’s spouses, rather than the death of an employee themselves?

There are many moving pieces to each case, making each one unique — which is precisely what makes each one a tool for setting precedent. To learn more, it’s always best to contact a wrongful death attorney in Florida.

The post Can You Win a COVID-19 Wrongful Death Lawsuit in Florida? appeared first on Launch Your Business, Improve Profits and Create Wealth.



Source: https://www.epiclaunch.com/covid-19-death-lawsuit/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 888-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 888-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse
Loading...

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.