Recent Wrongful Death Lawsuit
Recently the family of an 11-year-old girl from Massachusetts who tragically died in April, filed a wrongful choking death lawsuit. The child died as a result of choking on a marshmallow at a friend’s birthday party. The little girl, Azriel Estabrooks was supposedly without oxygen for a long amount of time before she was found unconscious lying on floor. Azriel died a few days later. The complaint says that the parents who were hosting the birthday party were not supervising the children adequately, which led to the child’s death. The attorney representing the parents of Azriel Estabrooks says that there are many unanswered questions about the circumstances that led to their daughter’s death.
This tragic death is a reminder that children can easily choke on items. Especially if they are small and round like a marshmallow. In this wrongful choking death case, the plaintiff’s attorney would claim negligent supervision, as the parents hosting the part were not adequately watching their daughter. Enough time passed without them noticing to help. This is what most likely caused her irreversible damage.
This video from Good Morning America below describes how to prevent choking deaths. Unfortunately about 3,000 people die per year from choking. Most of these deaths are either children or elderly.
Florida’s Wrongful Death Law
Florida has a specific set of laws collectively known as the Florida Wrongful Death Act. These laws provide reasonable and fair compensation to the decedent’s family. Beyond the emotional impact, we understand that survivors often face unexpected medical bills and funeral expenses. The also could face unplanned time off work, and the loss of the deceased’s income or non-financial contributions to the family.
Our personal injury attorneys work closely with Tampa family members to understand the role that the deceased played in their daily lives. We also want to try to understand how the death has adversely changed the present and the future, and incorporate that into litigation through day-in-the-life videos, testimonials and other methods to bring the point home to insurance negotiators or a jury.
Source: ABC News
If your family member has died from wrongful death, call Attorney Mike Hancock at 813-915-1110 to set-up a free consultation. We will try to help you navigate the legal matters during this difficult time.