No matter what circumstance, the death of a loved one can be catastrophic. However, if someone else caused that death whether accidentally or intentionally, it can mean that all the pain surrounding the passing of your loved one is just getting started. Even if you opt to file a wrongful death lawsuit, classifying this case can be challenging.
Fortunately, hiring an attorney with experience in handling accidental death cases can help you navigate the complicated process. After all, such a professional who has been handling similar cases for quite some time have the knowledge and experience to help you understand the entire process and take the right steps towards seeking justice.
The Florida Wrongful Death Act enables the members of the deceased to file a lawsuit against the individual or company they believe caused their loved one’s death.
Wrongful death claim
Note that wrongful death is basically a tort claim that can arise when a person is liable for another person’s death. Though it is often related to manslaughter or murder criminal charges, it’s an independent legal action that seeks mainly monetary compensation for heirs such as spouses and children and the state. Often, wrongful death claims are made for loss of companionship, the value of the lost support, and pain and suffering.
According to the Florida law, accidental death claims can be filed if the person’s death was caused by negligence, breach of warranty or contract, default, or wrongful act. Besides, the law allows claims for all damages incurred from the time your loved one got injured to the point of death. The interest and projected future earnings are also included in the claim.
Common causes of wrongful death
The following are the common causes of wrongful death in Florida.
- Medical malpractice
- Commercial truck, motorcycle, bicycle, and automobile crashes
- Medical mistakes
- Birth-related injuries
- Assisted living or nursing home abuse, neglect or even lack of care
- Defective products
- Workplace exposure and hazards
- Different activities such as adult care, daycare, and even field trips which were supervised
- Stabbings, shootings, robbery, drug driving, and other violent crimes
Who can file the lawsuit?
A claim of wrongful death isn’t a criminal case; it is a civil one. The outcome often includes a monetary award, and in case you fail to prove your case, there is no financial compensation. In Florida, the deceased person’s parents, children, and spouse are allowed by the law to file a wrongful death claim. Besides, any blood relative or even adoptive sibling who is wholly or partly dependent on the decedent for services or support can file the claim.
Note that a wrongful death lawsuit is a complicated issue. Right from gathering the right evidence, researching relevant case law, and talking to the witnesses, you will need legal help. This is the reason you should consider working with an experienced attorney.