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 hold someone liable for negligence that led to the premature demise of their loved one. According to Section 768.19 of the Florida Statutes,“if the death of 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 natural 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 with a Florida wrongful death attorney.
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 improperly 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 if the worker is put in a hazardous situation by the employer.
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.
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. The survivors can be compensated for benefits, lost wages, and other earnings, which will be centered on the amount the deceased would have earned in their average lifetime.
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 at-fault party owed a duty to the deceased person and 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.