Andre G. Raikhelson
Under the Florida Wrongful Death Act, if an individual’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another individual or organization, the family of the deceased can file a lawsuit to seek compensation for the death.
While a lawsuit cannot bring back a family member, getting compensation for the death can help with the deceased’s final expenses, and to continue to provide the support that others have been dependent on. A family member should consult a dedicated personal injury attorney.
If your family has been struck by tragedy, and you have lost someone due to someone else’s wrongdoing, contact an experienced Florida wrongful death lawyer today.
CAUSES OF WRONGFUL DEATH
Some of the most common causes of wrongful death that warrant the attention of a wrongful death attorney in Florida are:
- Motor vehicle accidents. Car accidents, truck accidents, and motorcycle accidents are the top reasons for wrongful death. Not all car accidents, even those that result in death, are eligible for a wrongful death case. However, if the car accident and resulting death were a direct result of the driver’s wrongdoing or negligence such as speeding, intoxication, fatigue, or inattentiveness, a wrongful death case may be appropriate
- Premises liability. Property owners and business owners are responsible for keeping their property safe for anyone who comes to visit, whether it is personal or business. When there are dangerous conditions on the property that cause the death of someone else, a wrongful death case may be filed
- Workplace accidents. Like car accidents, workplace accidents that result in death do not always warrant a wrongful death lawsuit. However, if the death was a result of someone else’s negligence, defective equipment, or a dangerous work environment, a wrongful death suit may be filed
- Medical malpractice. If the wrongful death was a result of a doctor’s or other healthcare worker’s negligence, it may be a wrongful death case
FILING A WRONGFUL DEATH CLAIM
Family members may seek compensation when a loved one has passed away due to someone else’s negligence or breach of duty. Typically, the person filing the claim must be a blood relative such as a sibling or a parent.
Spouses can also file a wrongful death claim, as can adopted children. Additionally, any adoptive sibling or any other relative that was partially or fully financially dependent on the deceased can also file a claim.
With so many blended families today, it can become confusing as to who is eligible to file a wrongful death claim and who is not. It is important to speak to a wrongful death lawyer in Florida who will be more familiar with who is eligible to make a claim.
PROVING A WRONGFUL DEATH
In order to prove a wrongful death claim in court, the plaintiff (the one bringing the charges) must prove that the deceased passed away due to someone else’s negligence or wrongdoing. This involves four components:
- The defendant (the one being accused of wrongful death) had a responsibility to the deceased, whether that was caring for them properly in a hospital, or driving responsibly for the safety of other drivers
- The defendant did not live up to that responsibility, breaching their duty of care to the plaintiff
- That breach caused the wrongful death of the deceased
- The deceased’s family members have suffered emotionally or financially
Proving a wrongful death case can be difficult, and the defendant’s lawyers are going to try to find any loophole to protect their own client. For this reason, it is important that a Florida wrongful death attorney help someone with their case.
CONTACT A WRONGFUL DEATH ATTORNEY TODAY
In Florida, family members only have two years from the date the deceased passed away to file a wrongful death claim.
For this reason, it is important that if you have lost a loved one, and you believe it was a wrongful death, to contact a Florida wrongful death lawyer today. Time could be running out, and an experienced attorney can help get you the compensation you and your family deserve.