The death of a loved one can be painful, emotional, and hard, especially if another person caused it. Wrongful death is a civil claim whereby the affected family members sue someone else to hold them liable for their negligence, which led to the demise of their loved one. According to Section 768.19 of the Florida Statutes, “if the death a person results from an unlawful act, carelessness, default or breach of contract or warranty,” the immediate family of the deceased person might present a civil lawsuit in Florida courts.
If you have lost your loved one because of a natural cause or maybe an illness, unfortunately, there is nothing much an attorney can do. However, everything changes when the reason was someone else’s carelessness. You might be able to seek justice from a Florida wrongful death attorney. At Shrader Law, PLLC, we know that a legal issue can be a significant problem, and we have experienced lawyers that can defend you and help you recover wrongful death damages.
Wrongful death can be a result of various situations like:
This type of wrongful death can be caused by a misdiagnosis of an illness or a failure to identify a condition. Additionally, wrongful death can happen during an operation and when treating ailments.
High-risk occupations like construction jobs and manual labor have a high risk of fatalities in the workplace. However, wrongful death can only happen at the office or outside the office if the worker is put in a hazardous situation.
Car accidents are the most common cause of wrongful deaths. According to recent statistics, there are over sixteen million drivers in Florida, and car accidents cause approximately 3,000 deaths every year in Florida alone. Most fatal car accidents are caused by the negligence of one or more drivers through:
The manufacturer of a product can be held legally responsible if a consumer dies because of a defective product. Manufacturers spend a lot of time testing their products to ensure they are safe because of product liability.
Other common causes of wrongful deaths in Florida include;
According to the Florida Wrongful Death Act, an attorney or any private representative should initiate the official complaint. However, the representative must be named in the will of the deceased. In case a loved one dies without a will, the court will appoint a representative.
The surviving family of the deceased can file a wrongful death claim and request compensation for the expenses they have had to pay since the demise of their loved one. According to Florida laws, a wrongful death suit must be filed within a period of two years from the date of death. The survivors can be compensated for benefits, lost wages, and other earnings, which will be centered on the amount the deceased would have funded in their average lifetime.
Although a wrongful death must be filed within two years from the time of death, the deadline might be prolonged. According to section 95.11(4) (d) of the Florida Statutes, the deadline for filing a wrongful death can sometimes be deferred. You can seek the help of an experienced attorney to handle a wrongful death suit to help you determine when the deadline for a specific wrongful death case will be.
The plaintiff in a wrongful death claim must prove various elements to win the case:
Responsibility: You need to prove that the defendant had the duty to take care of your loved one.
The other side acted in negligence: The plaintiff must prove that the other side had a duty to take care of the deceased person. Then, provide evidence that the defendant breached the duty of care.
Causation: You must prove that the negligent act contributed to the death of your loved one.
It can be challenging to determine who will recover damages in a wrongful death case because of the many complex rules and additional factors. A wrongful death case can be difficult to navigate alone, and that is why you need to seek help from Shrader Law, PLLC. Our experienced wrongful death lawyers are always ready to take your case. Contact us today or call 813-360-1529 for a free consultation.