Wrongful Death Accident
What is meant by the definition of wrongful death issues? Under Florida law, these are actions of a person or group of people that are negligent and result in the injury and subsequent death of a deceased person. Moreover, it is customary to consider the fact that the situation could have been avoided. It is important to understand that there is a definition of “wrongful death,” which has nothing to do with wrongful death representation. A person’s murder implies an intentional act, and this fact is considered in a criminal case. However, murder and wrongful death can be considered in a civil action as well. In Florida, for example, all wrongful death cases are tried on grounds of simple negligence. In this case, when seeking the assistance of an attorney, the claimant may file a wrongful death claim for the death of a person in a motor vehicle accident. Also, a wrongful death claim is considered on grounds of nursing home abuse, or there is undisputed medical malpractice resulting in a person’s death.
Florida Wrongful Death Attorney
When choosing the best wrongful death lawyer in Florida, there are several factors an applicant needs to consider. The fact is that any wrongful death representation has a certain degree of complexity, and only an experienced lawyer knows how to properly and correctly interact with those involved. Here are five factors that determine the status of your best representative to handle your Florida wrongful death case:
- Skills – The more practical cases involving civil action, the better chance you have of winning your case in both pre-trial and trial proceedings in Florida.
- Educational standard – This factor will seem trivial to many people, but the fact is that not just any attorney can handle your case. There are a number of provisions in Florida that state licensed attorneys are allowed to handle cases involving the death of a person.
- Law firm balance – Generally, wrongful death lawsuits require a certain amount of legal deposit to be paid by the law firm involved in the lawsuit. It is necessary to check whether your attorney who will represent the law firm has this option.
- Attorney experience – Generally, you need to consider how many cases have passed through the hands of your chosen representative in Florida. An important indicator will be not only experience in cases related to Florida wrongful death, but also the practical skills of the cases related to personal injury, the actual receipt of compensation for punitive damages, as well as how in practice a good attorney applies the law, which can also arise in the process of litigation. In addition to that, the extent to which the Florida Wrongful Death Lawyer communicates with the prosecutors, experts and other persons involved in the case has to be considered.
- Effectiveness – Ask the wrongful death lawyer in Florida of your choice how many successful cases he has had in the past, and compare statistics to make the right choice in favor of your reliable representative.
The best attorney is always ready to provide free advice and assistance to the applicant. He will help practice his legal options for obtaining workers’ compensation benefits when there is a wrongful death.
What is Wrongful Death?
Wrongful death is commonly understood to be the act of one person, or a group of persons, including those with legal status, where serious personal injury was caused by negligence, resulting in the death of a person. Under the signs of negligence it is customary to consider the negligence of doctors, carelessness in a traffic accident, the abuse of a person who, for example, is in a home for the elderly. It is not necessary to confuse wrongful death with erroneous death, since in the latter case it is customary to consider intentional actions, for example, murder.
Florida Rules for Wrongful Death Lawsuits
In order to file a claim correctly in Florida, there are rules that you need to follow. Otherwise, you may not be able to recover benefits, including punitive damages and workers’ compensation, for deaths caused by the negligence of third parties.
- The statute of limitations is four years from the date of the accident.
- The statute of limitations related to medical malpractice is 2 years.
Therefore, if you do not file a claim in time, the court has the right to deny you compensation related to the death of a loved one. It is also important to contact a Florida Wrongful Death Attorney in a timely manner, as additional time will be needed to conduct examinations and other interactions with interested parties.
Wrongful Death Accidents FAQs
Settlement issues related to the death of your loved one are specific to you. Our attorney is ready to answer your questions, so we suggest exploring the answers to common wrongful death settlements for your loved one.
What Is A Wrongful Death Lawsuit?
All wrongful death settlements are handled through a trial panel. The pretrial version deals with financial issues, but the final verdict of the case is made by the district judge. The judge also has jurisdiction over probate law matters because the deceased may have drafted such a document while alive.
As part of the court proceedings, the deceased’s relatives may seek the following:
- All medical expenses related to medical treatment and rehabilitation.
- Expenses incurred with the funeral.
- Lost income – A calculation of the amount the deceased may have received to support his or her family.
- Lost friendships – Compensation and compensation is paid to surviving family members who have lost important relationships in life because of tragic circumstances.
Compensation payments, including punitive damages, are calculated on a case-by-case basis, and the assistance of experts and witnesses will be needed to help verify the amount of compensation requested. In order to calculate compensation correctly, we recommend that you seek help from our lawyer.
What are common causes of wrongful death accidents in Florida?
Determining the status of a deceased person is a complicated process, where there are a number of factors to consider. When you seek the help of a wrongful death lawyer, you can draft a claim that addresses the following causes of death
- A sidewalk accident.
- A traffic accident.
- Bicycle accident.
- A boating accident.
- A construction site incident.
- Poor medical care.
- Improper food labeling, human poisoning.
- Dangerous working conditions at the property.
- Industrial accidents.
- Intentional criminal acts.
An important condition for considering the cause of wrongful death will be that there was no wrongful act (i.e., there was no willful killing).
When does a wrongful death lawsuit have to be filed?
All wrongful death claims are filed within 4 years of the incident. The exception is a medical malpractice finding, where a lawsuit must be filed within 2 years. If other circumstances come to light during the court hearing, the district judge has the authority to extend the time period for the lawsuit. These include medical malpractice, fraud, and intentional acts of a healthcare provider. If you think your relative has suffered a terrible tragedy caused by a third party, seek help and guidance from an attorney who can tell you what to do next.
Who can be sued in a wrongful death accident case?
You can sue whoever is responsible for the death of the person. If it happened in a car accident, the claim is filed against the driver. It is not uncommon for the person responsible for a person’s death to be the organization or authorities. So, for example, if a person died in a collision during road work in which there were no warning signs, a claim is filed against both the road company and the authorities responsible for the front of the roadwork.
Who Can File a Wrongful Death Lawsuit in Florida?
In the practice of many attorneys, situations arise where a person does not know who has the right to file a wrongful death claim. Under current laws, certain groups of people have the right to file a claim, such as:
- The deceased’s next of kin.
- Spouses.
- Minor children.
- Parents.
- Foster children, foster parents.
- Dependents of the deceased.
- Surviving relatives.
With that said, each type of relative has the right to file claims for loss of employment, mental and emotional suffering, pain, loss of parental guidance, lost support and services in the future. The range of compensation benefits is quite extensive, so get advice and assistance from a Florida Wrongful Death Lawyer when drafting your claim.
What damages can be recovered in a wrongful death accident case?
The exact amount of compensation payments will depend on a number of related factors. Each person who dies or his or her relatives must have insurance. Based on the actual insurance, the amount of compensation will be determined. In other cases, the amount of compensation payments may be greater than its coverage. In some situations, the amount of compensation is governed by state law. In practice, there have been situations where, for example, the amount of coverage was $10,000, but it was possible to get several million dollars in reimbursement through the court. It all depends on the circumstances of the case that led to the loss of life.
Does Comparative Fault Factor into a Lawsuit?
Yes, there is such a thing in a case trial. More often than not, comparative fault occurs in a car accident. For example, if the relatives of the deceased expect to be compensated $245,000, but the expert found him to be 26% at fault, then the compensation would be $181,300. But the amount of compensation can be increased on other grounds – and this will help you correctly drafted a lawsuit by an experienced attorney.
Compensation in a Wrongful Death Case
Under state law, wrongful death compensation can be economic or non-economic. There is also a separate category, punitive damages. Each type of compensation needs to be substantiated, which also requires expert testimony, witness statements, and other things. Contact your attorney, who can help you gather the evidence you need to seek just compensation.
What Types of Compensation are Available?
Under Florida law, relatives of the deceased are entitled to receive compensation payments for the following circumstances:
- Medical expenses incurred.
- Compensation for damages.
- Loss of earnings of the deceased.
- Loss of social benefits.
- Funeral and burial expenses.
- Loss of friendships and companionships.
- Loss of family values – care for children, elderly relatives.
- Pain and suffering of family members.
- Other benefits.
To obtain compensation for the victim’s relatives, we recommend contacting an experienced attorney who will gather the necessary evidence for the case.
What are my options if the cause of a loved one's death isn't immediately identifiable?
In court practice, there are situations where it is impossible to determine the characteristics of a person’s death at this time. You have only one option – to file a lawsuit in court. The judge will then decide whether to extend the trial based on the available evidence and the application. It is important to consider the statute of limitations, which is 4 years in this case. There is a two-year statute of limitations for medical malpractice resulting in the death of a person. In any case, if your relative’s death has not been determined for objective reasons, contact a Florida Wrongful Death Attorney who can help you file a claim with a court panel in a timely manner.
What are the wrongful death statistics in Florida?
For 2019, official statistics for wrongful deaths in the state were provided, where the number of deaths was 306:
Animal violence – 43
- Intentional bodily injury – 38
- Intentional bodily injury – 27
- Self-inflicted intentional bodily injury – 11
- Transportation incidents – 106
- Aviation incidents – 12
- Pedestrian accidents – 16
- Water accidents – 4
- Motorized vehicle accidents – 63
- Off-road motorized vehicle incidents – 11
- All types of falls – 130
- Environmental exposure – 44
- Electrocution – 18
- Exposure to extreme temperatures – 6
- Exposure to hazardous substances – 16
- Oxygen deficiency – 4
- Drowning – 4
- Contact with objects and equipment – 39
- Impact from objects and equipment – 36
- Hit by a vehicle – 13
- Impact of falling object, except transport – 19
- Gripping and squeezing of equipment – 3
- Body overstrain – 1
- Body overstrain involving external sources – 1
As we can see, the situations connected with wrongful death are diverse, and the statistics confirm it. Each situation is analyzed in detail, involving experts in the proceedings, in order to achieve a positive decision of the judicial board on the payment of compensation to the relatives of the victim.
Can I afford an attorney to pursue a medical malpractice wrongful death lawsuit?
Yes, you can afford an attorney to file a medical malpractice wrongful death lawsuit against the medical organization that caused your relative’s death. The important thing is the statute of limitations. While for all cases it is 4 years, for medical malpractice it is only 2 years. If the case drags on, you have the chance to have the statute of limitations extended by the district judge. The important thing is to file within 2 years of your relative’s death.
Schedule a free case evaluation
The death of your loved one is a severe mental trauma that takes a very long time to heal and can cause you to blame yourself for their death for the rest of your life. In order to get fair compensation, we recommend that you contact our lawyer, who will conduct a free evaluation of your case. You will receive recommendations for your further actions. In addition, they will tell you if your case is likely to win in a state or county court panel. Leave an application and receive a free evaluation of your case.
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