What Qualifies as a Wrongful Death Lawsuit?
Michael Babboni
Wrongful Death
When you have a loved one that passes unexpectedly, it can throw you through a whirlwind of emotions as you are left to deal with the final details and expenses while grieving for your loved one.If it was a wrongful death that was caused by the negligence of a third party in Florida, then you may have survivor rights that ultimately lead to compensation for the losses sustained as the result of the wrongful death.
What Is the Florida Wrongful Death Act?
The Florida Wrongful Death Act can be found in Chapter 768 of the Florida Statutes for wrongful death actions. It makes provisions for who can sue, what kind of compensation is available, the protection of minor and incompetent plaintiffs, attorney's fees, and other technical aspects surrounding a wrongful death lawsuit.
Here are a few terms you may come across when looking into the Florida Statutes for wrongful death.
Standing
When you hear the term "standing," it refers to the plaintiff's right to sue. When there is a wrongful death lawsuit, the only survivors who can sue include the spouse of the decedent, children, parents, blood relatives, or adopted sibling if they were dependent on the decedent for their support.
Damages
The damages refer to the legal losses the plaintiff sustains as a result of the defendant's conduct. Some damages recoverable in Florida under a wrongful death lawsuit include the loss of support, loss of companionship, loss of parental companionship and guidance, pain and suffering, medical expenses, funeral expenses, and lost wages.
Purpose of the Act
In Chapter 768.17 of the Florida Wrongful Death Act, you will find that the losses resulting from the wrongful death shift from the survivor to the guilty party.
Bicycle Accident
A fun ride out on your bicycle can turn disastrous if you run across a motorist who was not paying attention. Over 700 cyclists each year are killed by motorists in the US. You will often find that insurance companies and other involved parties try to hide the actual cause of a bike accident. However, you may have a wrongful death lawsuit, and you may be entitled to damages due to losing your loved one in the accident.
Work Safety Violation
If there have been multiple safety violations in the workplace and deliberate intent on the company's part, then there is a chance the family of the deceased can sue for their loved one's accident in the workplace, as long as there is proof that the employer acted with deliberate intent to cause the injury or death.
So, if they failed to fix the multiple safety issues, they may be held liable. There needs to be proof of the failure to provide safety protection or adhere to OSHA regulations in a wrongful death case.
Medical Error
If the wrongful death was due to a medical error, you might have a case. If it can be proven that the healthcare provider was negligent and the patient's death was a direct result of that negligence and carelessness, then it may be considered a wrongful act that resulted in the lack of action by someone else.
Since wrongful death lawsuits can be complicated and you have to show as much proof as possible, you want to consult with an experienced wrongful death attorney. Wrongful death cases are governed by state law, and certain procedures are in place strictly for these types of personal injury cases.
Some states also have award limits or caps on the type of damages you can claim in a wrongful death claim. So, discuss your options with a qualified attorney today.