Sally Seltzer, a Partner in our Miami office, successfully defended her client in a recent mediation where the client, a nonprofit community based care provider, was sued for the wrongful death of a pedestrian

Sally Seltzer, a Partner in our Miami office, successfully defended her client in a recent mediation where the client, a nonprofit community based care provider, was sued for the wrongful death of a pedestrian when the provider’s driver hit the pedestrian when she was walking across the street in the early evening hours. In response to a demand of $2,526,438.84, Ms. Seltzer utilized Florida Statute 409.993(3)(a) which limits recovery of noneconomic and economic damages to mitigate the damages available to the survivors under Florida’s Wrongful Death Statute, argued that a wrongful death claim is a single claim despite the number of survivors, and therefore only a single limit under the agency’s insurance policy was available.  Further, she developed a theory of comparative fault against the pedestrian and the family members bringing the claim. The case ultimately settled for a number significantly lower than the demand.