When your family experiences a wrongful death situation, it can be devastating. The last thing you want to do is deal with legal matters. However, a compassionate Florida wrongful death lawyer on your side can make the process a little easier on you during this emotional time.
Legal Definition of a Wrongful Death
When negligence or misconduct leads to death, bereaved family members may pursue civil lawsuits seeking accountability and compensation. To bring such wrongful death cases, plaintiffs must demonstrate the willful carelessness or errors of another party directly caused their loved one’s passing. Successful suits can provide surviving relatives financial damages for pressing needs and irreplaceable aspects of loss that nothing can undo.
To possibly win a wrongful death case, you will need to prove that the defendant’s actions directly caused their loved one’s death. The deceased must have had grounds to sue for injuries themselves had they survived. If successful, you can receive compensation for costs like medical bills and funeral expenses and less tangible damages from losing your loved one.
As you go through this case, keep in mind that you only have two years to file a wrongful death lawsuit in Florida. Make sure you have all of the proper evidence before moving forward. Your lawyer can help you with any other details and evidence you should try to get.
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Statistics of Wrongful Death in Florida
Just like any other state, there are going to be all sorts of cases for wrongful death. Florida has increasing numbers of vehicle accidents, work accidents, and more. Here are some of the statistics specifically for this state:
- Florida’s highway fatality rate is 40% higher per mile driven compared to the national average, with heavy truck involvement in multi-vehicle, multi-fatality wrecks.
- Distracted driving was the result of 333 fatalities in 2021, which is the highest recorded in FL within the previous eight years.
- 307 fatal work injuries in Florida in 2022, showing a slight decrease but ongoing workplace safety challenges
- Historical fluctuation in work deaths from a high of 422 in 2004 to a low of 218 in 2012, according to the above BLS statistics.
The data highlights alarming trends of preventable fatalities on Florida’s roads and the significant prevalence of incidents in workplaces. It is important to know that you have rights, and the more people take action, the more something may eventually be done about workplace safety and other accidents.
Potential Liable Parties of a Wrongful Death Case
Depending on the circumstances surrounding the death, a wrongful death lawsuit can hold several types of individuals and entities liable. The family can sue a person who directly caused the death through their willful misconduct or negligence for damages. For example, someone causing a fatal drunk driving accident could be the liable party.
An employer can face legal responsibility for an employee’s wrongful death in certain cases, specifically when it happens within the course and scope of their job duties. For instance, the employer may be liable if an employee dies in an accident because of faulty equipment or unsafe working conditions. Property owners who cannot maintain safe premises can also be held accountable if fatal premises liability accidents occur on their land.
It is common to name manufacturers, providers of defective products, transportation companies, medical professionals, and government agencies as defendants. There can be multiple parties, depending on their level of responsibility for the death. An attorney can help evaluate all potentially liable parties when building a strong wrongful death case for damages.
Wrongful Death Lawsuit vs. Criminal Homicide Case
Civil wrongful death lawsuits and criminal homicide cases serve different purposes when a life is lost unjustly. A wrongful death suit allows a victim’s family to seek financial damages from the responsible party. A criminal case involves prosecutors charging offenders to impose fines or imprisonment.
Wrongful death lawsuits do not require meeting the same strict evidence standards as homicide trials. The goal is to show that it was more likely that a defendant’s negligent or reckless actions directly led to the death. Successfully proving this can result in compensation for funeral costs, loss of future earnings, and other impacts.
In contrast, criminal cases brought by district attorneys aim to prove that someone’s actions caused a wrongful death beyond a reasonable doubt. A conviction means the defendant goes through the criminal justice system, facing outcomes like probation, jail time, or stiff financial penalties. However, the victim’s grieving family typically does not receive any of the monetary punishments.
Wrongful Death Lawsuits vs. “Survival” Actions
Two types of civil cases can arise following a wrongful death – a standard wrongful death lawsuit and a “survival action.” Though often confused, key differences exist in what damages they cover and who can file them. It’s important to understand how Florida’s wrongful death cases diverge from survival actions.
A wrongful death lawsuit allows compensation for grief-stricken family members around their loss. This includes damages uniquely associated with losing a loved one, like loss of companionship or mental suffering. These damages are unavailable in a survival action; however, state statutes also differ regarding which family members can sue.
On the other hand, a survival action lets the estate proceed with a personal injury case the deceased could have filed if still alive. It permits recovery of damages suffered before death, such as medical bills, lost income, or funeral expenses. However, it typically does not include coverage for grief-related bereavement damages, and after court resolutions, the estate probate distributes damages to heirs.
Work with a Miami Wrongful Death Attorney
Speaking with an attorney soon after a wrongful death can help you better understand your legal rights and possibilities. Since each case has distinct details, working with a lawyer allows you to explore if you have a valid case. Feel free to contact the legal professionals at Schiller Kessler for a no-obligation consultation to examine your specific situation.
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