When a loved one is killed in an accident, it is a devastating time for the family. Besides the emotional trauma and grief, there are multiple urgent matters to deal with, such as making funeral arrangements or paying medical bills. While processing a significant loss, it may not cross your mind to inquire whether the circumstances of a loved one’s passing amount to wrongful death.
Nevertheless, those left behind should consider whether there is a plausible possibility of wrongful death early on. A successful wrongful death lawsuit when another party is demonstrably liable for the death can help a grieving family ease financial and other burdens while undergoing emotional recuperation.
Compensation from a wrongful death lawsuit can provide immense relief to the remaining family when the deceased was solely responsible for the family’s finances or when the death incurred considerable financial losses, adding to the family’s troubles and grief.
What is Wrongful Death?
When somebody dies or is killed due to the negligence or misconduct of another individual, party, or entity, this is classified as wrongful death. Examples of wrongful death include:
- Auto Accidents
Various kinds of auto accidents can qualify as wrongful death. Car manufacturers can be held accountable in wrongful death suits if they are found to have fabricated defective components that contributed to the death of a driver. If commercial trucking companies failed to comply with regulations, they may be held responsible for accidents involving their employees.
- Medical Malpractice
When someone dies due to a doctor, nurse, medical facility, or other medical provider failing to provide standards of reasonable care, it is known legally as medical malpractice. A patient dying as a result of medical negligence often constitutes a wrongful death lawsuit. Examples may include surgical errors in the Emergency Room, misdiagnosis of a condition, or the premature discharge of a patient from the ER.
- Birth Injuries
If an infant dies due to birth injuries sustained during labor as a result of a doctor’s negligence, you may have a case for wrongful death. If a doctor fails to take preventative measures, or if clear indications that a birth injury might occur were ignored and the child dies; as a result, the doctor may be held liable.
- Anesthesia Malpractice
An anesthesiologist administering a fatal dosage resulting in death can be grounds for a wrongful death lawsuit.
- Workplace Accidents
According to the Occupational Safety and Health Administration (OSHA), the four most frequent construction-specific accidents are electrocutions, falls, crush injuries, and blunt force injuries. Employers can be liable to wrongful death lawsuits in cases where they are found to be responsible for the circumstances that led to the death.
Dependents or beneficiaries of the deceased may be entitled to damages from the party deemed at fault as compensation for the loved one’s death.
Who is Liable for Wrongful Death?
According to the Florida Statutes, Section 768.16, the Florida Wrongful Death Act enables the family of an accident victim to file civil charges against the individual or party responsible. For that party to be held liable, the victim’s family must prove the victim’s death was caused by said party’s negligence, misconduct, or breach of contract.
In other words, to file a wrongful death lawsuit, the conditions under which the accident occurred should have enabled the deceased to file a lawsuit themselves had they survived.
The statute of limitations in Florida for filing a wrongful death suit is within two years of the date of death (though the deadline may be extended under exceptional circumstances). Damages sought may include loss of income, medical expenses, and compensation for mental suffering. The victim’s spouse can claim compensation for the loss of companionship and protection, while children can seek damages for lost parental companionship and guidance.
Any amount recovered in a wrongful death suit in Florida goes directly to the next of kin.
What Steps Should I Take?
The wrongful death legal process can be very demanding, complex, and often involves stringent deadlines and a lot of paperwork. Therefore, it is advisable that a family considering a wrongful death claim consult an attorney as quickly as possible.
JD Injury Law, can help you to obtain proper compensation. With over ten years as a professional and experienced wrongful death attorney in Boynton Beach, Jesse Davidson has helped thousands of clients in South Florida seek and obtain justice.
Our legal team’s strategy in justice approach means that we take a strategically nuanced and highly customized approach to each case to ensure the best possible outcome for our clients.
The first step you should take if you are considering a wrongful death suit in South Florida is to arrange a consultation with JD Injury Law We will give you a free evaluation of your case to determine whether another party can be held liable for the death of your loved one and provide you with an estimate of your potential compensation.
Among the common factors considered by Florida courts in determining potential damages are medical and funeral costs, how much the deceased earned, the degree to which survivors were financially dependent on them, the deceased’s savings, and the loss of companionship for the surviving spouse and children. We will work with you on making the best claims for your specific circumstances.
While wrongful death financial compensation will not bring back your loved one, it can help guarantee your survival and financial security for the future while bringing the responsible party to justice. This can help to provide a sense of closure in the grieving process and allows you to start moving forward with your life.
Contact JD Injury Law for a Free ConsultationOur La
If you are considering a wrongful death lawsuit, contact us immediately. The two-year statute of limitations may seem like a long time, but seeking damages and getting compensation early can help to stabilize your situation, secure your future, and help you work through your grief.
JD Injury Law is a knowledgeable, experienced wrongful death attorney who will guide you through the claims process and strategically ensure you have the best chance to win your case.
If you believe your loved one suffered a wrongful death in South Florida, contact Jesse Davidson at (561) 252-7850 or fill out this form to schedule a no-obligation, free consultation today. With over a decade of experience in wrongful death law, Jesse will review your case and determine the best way forward. Rest assured, Jesse will fight for your rights, assist you in obtaining maximum compensation, and bring the liable party to justice.
