Wrongful death cases are brought forward or filed by the surviving relative of the deceased, often a minor child or a spouse. These cases are civil litigations that arise due to a third party’s negligent acts leading to the death of another person. These cases tend to be complicated because of eligibility laws, the statute of limitations, and the state laws. This is why it is wise to seek the services of a qualified Largo wrongful death lawyer who will help build a strong claim.
A wrongful death may arise through defective products, workers’ compensation, car accident, and even medical malpractices. Speak to our experienced personal injury attorneys today to know your legal options and improve your chances of winning the case.
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The Definition Of Wrongful Death According To The State Of Florida
A person can file a claim against any party responsible for death due to careless actions, default, wrongful act, or breach of warranty or contract. This definition is according to Florida’s Wrongful Death Act. Therefore, according to this law, wrongful death includes negligent acts, intentional acts, or a breach of contract. Wrongful death claims legal ground in Florida includes:
Mislabeled or Defective Products
Wrongful death can result from defective or wrongly labeled products like electronics, drugs, medical devices, or appliances. In fact, research shows this is among the leading cause of wrongful death claim cases.
Construction or Engineering Malpractices
This involves working in a hazardous working environment or without the necessary protective gear. According to statistics, construction-related accidents lead to many wrongful claims in Florida and often relate to not using appropriate warning signs or machine-related accidents.
This involves surgical errors, wrong prescription, misdiagnosis, or treatment
Acts of crime, which also includes intentional homicides
Cause by a negligent driver under the influence of a substance such as drugs or alcohol. According to research, vehicle accidents are the leading factor that leads to wrongful death claims today, often involving driving under the influence of drugs and alcohol.
Sanitation Related Issues
This involves contaminated food and drinks in commercial premises.
Improper Alcohol Service
This may involve a bartender who continuously serviced alcohol to an intoxicated person.
Who Can File A Wrongful Death Claim In Florida?
According to the law, a wrongful death claim can be filed by a close relative or a personal representative of the deceased estate representative, who is named in the Will or Estate plan. In the case where there is no Will or estate plan, the courts will appoint a representative who will file the claim on behalf of the estate or surviving members. In such a case, a personal representative must indicate every survivor interested in the case.
According to Florida’s Wrongful Death Act, a claim may be filed by the following parties:
- A spouse, parent, or child
- Dependent blood relative or adopted sibling
- An out-of-wedlock child as long as the deceased assumed responsibility for the child
The Type Of Damages Recoverable In A Wrongful Death In Florida
Wrongful death liability claims can only be expressed through monetary value. The rules for awarding damage in such a case is defined under Florida’s Statutes Section 768.21. In a wrongful death claim case, damages are often divided into two: one which the estate will get and the other which the survivor can recover.
Damages Recovered By The Survivor Are:
- Service and support value which was offered by the deceased person
- Mental and emotional pain and suffering of the loss
- Medical and funeral expenses
- Loss of companionship, guidance, and protection
Damages Recovered By The Estate include:
- Medical and funeral expenses paid to the estate
- Lost value of earning or net accumulation
- Lost wages and other earning
How Is Liability Determined In Wrongful Death Claims?
Every state has different rules when it comes to proving wrongful death. As such, in Florida, the following are the cornerstone of proving a claim.
Duty of Care
It must be shown that the defendant owed the deceased a duty of care. For example, drivers on the road have a duty to follow traffic laws and exercise reasonable caution to avoid accidents.
Proof must be submitted, showing the defendant breaching or violating a duty of care. This can be proven through specific actions taken by the defendant or how a reasonable person may have acted in a similar situation.
It must be proven the defendant’s actions caused the death and not any other situation or action.
One has to prove that the defendant’s breach/action caused the family to suffer damages, such as loss of income and loss of companionship for example.
Filing A Wrongful Death Claim In Florida
Florida has a two-year statute of limitations, starting from the day the death occurred. Even though seeking the services of an attorney may not be a priority after losing a loved one, the truth is that hiring one does help improve your odds of recovering compensation.
Remember, wrongful death claims lawyers are very experienced and understand legal processes very well. For this reason, they will not only help you build a strong case against a defendant but help you avoid the hustle of going through the complex legal processes. Furthermore, they work under strict deadlines.
File Your Claim With Our Largo Wrongful Death Lawyers
Our team of lawyers are well qualified and skilled to handle your wrongful death case. By seeking the services of our lawyers, you will not be involved with the many laws surrounding these cases, which means giving you time to grieve in peace. Through our services, you are guaranteed quality court representation for a better chance of getting the recovery you deserve for the damage.
Aside from getting better representation, you will get to understand the value of your claim. What does this mean? Well, through consultation, you will be given detailed information regarding your legal options, compensation value, and much more. This way, you will get an idea of the type of compensation to expect and the value of benefits you may be awarded.
We understand the sorrow that comes with losing a loved one. This is why it is our goal to ensure we offer our clients the best legal representation available. Remember, we offer free initial consultation services. Get in touch with us today for your free consultation to know your legal options.