Nothing in life devastates a family like the sudden death of a father, mother or a child due to the negligence or wrongful acts of another. Florida law provides that family members may recover money damages for the economic support and services the decedent would continue to have provided to his or her dependents had the wrongful death not occurred, as well as for their mental anguish and loss of the decedent's love, guidance and companionship. Choosing the right attorney to champion the surviving family members' rights under the Wrongful Death Act is one of the most important decisions a family must make in the aftermath of such a tragedy. Finding an attorney who possesses the necessary skill and experience is only part of the challenge. The grieving family also needs to engage an attorney who is genuinely compassionate toward each survivor and who will provide close attention to assessing their specific needs and rights of redress under the law. These qualities are the foundation for the passion an attorney must bring to the fight to achieve a result that vindicates the rights of surviving family members and compensates the loved ones for their economic and non-economic losses to the fullest extent possible under the law.
SETTLEMENT: Motor Vehicle Crash Abroad/Wrongful Death. In 2005, Scott Sheftall achieved a confidential $10 million settlement in a case he filed in Miami for the widow and children of a man from Texas, age 37, who was killed as a passenger in a single-vehicle accident while on assignment in a Caribbean country. This is one of the largest wrongful death settlements in Florida history. Mr. Sheftall alleged that an agent of the defendant multi-national corporation was negligent in operating the vehicle he was driving at night, which he caused to run off the road and collide with a tree. Although the decedent was not wearing his seat belt at the time of the accident, Mr. Sheftall and his expert accident reconstruction engineer established that a seatbelt properly worn would not have prevented his fatal injuries. One of the minor children of the decedent was in the process of being adopted at the time of the death, but the adoption had not yet been formalized. Even though applicable laws placed in considerable doubt whether such a child was entitled to recover wrongful death damages, Mr. Sheftall insisted in the negotiation that she be treated the same as her siblings who were natural sons and daughters. As a result, a recovery for the would-be adoptive child was made in the same amount as for her natural siblings for the loss of their father, an outcome that was applauded by the family, the guardian ad litem and the presiding court. In addition to the $2.1 million which Mr. Sheftall recovered for the widow, he procured structured settlements for the children which will produce over $58 million in payouts to them over their lifetimes.
JURY VERDICT: Airliner Crash Abroad/Wrongful Death. In Estate of Wong Valle v. TAN-SA-SAS Airlines, Scott Sheftall won a $1.7 million verdict in Miami-Dade Circuit Court for the surviving child, age 17, of Nicaraguan parents who were killed in the crash of a TAN-SA-SAS airliner outside Tegucigalpa, Honduras. Other surviving adult children living in Atlanta, Georgia, Mexico City, and in Columbia shared in the recovery won for their parents' estates.
SETTLEMENT: Container Loading Accident/Wrongful Death. Scott Sheftall recovered $1.45 million in a confidential settlement on behalf of two longshoremen and their families. One suffered serious injuries and the other was killed during loading operations aboard a container vessel. The longshoremen fell after being forced to leap from a container where they were standing in order to avoid being crushed by a toppling container. Mr. Sheftall alleged and proved under the Longshore and Harbor Workers Compensation Act that the defendant time charter and shipowner ordered a series of shifts in the configuration of containers in the ship's hold after the commencement of loading operations. These orders led to the creation of dangerous fall hazards, of which the longshoremen were not warned, and the defendants failed to intervene to order the use of proper protection against falls.
SETTLEMENT: Negligent Failure to Diagnose & Treat/Wrongful Death. Scott Sheftall reached a $700,000 settlement with a Clay County hospital and neurosurgeon for their negligent failure to diagnose and treat bacterial endocarditis and stroke.
NON-JURY TRIAL/APPEAL: Mid-Air Collision/Wrongful Death. In Estate of Nakajima v. United States, Scott Sheftall represented the parents of a Japanese student helicopter pilot who was killed when an airplane collided with the decedent's helicopter during stop-and-go training exercises. Mr. Sheftall argued at trial that the United States was liable where its FAA air traffic controller failed to maintain vigilance of the plane and the helicopter within the Opa Locka airspace, and failed to inform the aircraft pilot and the student helicopter pilot of the other's presence and location. The federal judge agreed with Mr. Sheftall and ruled the United States was negligent. The judge returned an award under the Federal Tort Claims Act for $637,407 in damages, but reduced it by 30% due to his finding that the student helicopter pilot was himself negligent for failing to compensate for any cockpit obstructions and for failing to "see and avoid" the airplane. 759 F. Supp. 1573 (S.D. Fla. 1989). Mr. Sheftall appealed, arguing that the decedent could not be found negligent for failing to "see and avoid" the airplane when, without any warning, it had descended upon and struck his helicopter from behind in his "blind spot." The successful appeal resulted in the restoration of the entire monetary award to the clients from Tokyo. 965 F. 2d 987 (11th Cir. 1992).
SETTLEMENT: Jeep Rollover/Wrongful Death. In the Taylor case, Scott Sheftall obtained a confidential settlement of $500,000. The decedent's CJ-5 rolled over after becoming unstable in an obstacle avoidance maneuver, killing the driver.
JURY VERDICT: Boat Collision/Wrongful Death. In Estate of Valdes v. Perlman, Scott Sheftall won a verdict of $500,000 on behalf of the surviving husband and his late wife's estate. The couple were riding in their speedboat when they struck a partially submerged, unmarked, and unlit concrete pier, which extended into a navigable waterway from a derelict piece of property. The jury found that the investment trust which owned the marine obstruction was negligent per se for violating federal maritime regulations regarding the maintenance of unmarked marine hazards. On appeal, the appellate court reversed and remanded for a new trial the estate's award for loss of net accumulations. Mr. Sheftall retried this element of damages, making a full recovery for the clients.
SETTLEMENT: Negligent Failure to Diagnose & Treat/Wrongful Death. Brian Torres settled a medical malpractice and wrongful death claim for $450,000 against a hospital and doctors in Miami who had allowed a bed-ridden patient in his 70's to develop Grade 4 decubitus ulcers (severe bed sores) and septicemia, which ultimately led to a fatal heart attack.
SETTLEMENT: Negligent Failure to Diagnose & Treat/Wrongful Death. Scott Sheftall achieved a confidential settlement of $350,000 for the husband of an unemployed woman, age 68, who died in a Miami hospital. The damages for the surviving husband for pain and suffering were limited by the latest revisions to Florida's medical malpractice laws. The settlement was achieved within just a few months of the firm being engaged and before a pre-suit notice of intent to sue had to be served on the defendants.
SETTLEMENT: Ship Sinks In Hurricane/Wrongful Death. Scott Sheftall reached a confidential settlement of wrongful death and personal injury claims brought on behalf of four ship's personnel who were caught in a hurricane off the east coast of Florida. The shipowner had negligently instructed that the ship be taken from a safe port into the foreseeable path of the storm. The ship was a casino boat that was not seaworthy to withstand hurricane conditions.
