Common Types Of Wrongful Death Cases

Losing a loved one is one of the most difficult experiences that a person can go through, regardless of the circumstances. It can be especially harrowing, however, when the death was sudden or unforeseen and could have been avoided, but for someone else’s negligence. While no amount of monetary compensation can ever make up for the death of a loved one, recovering damages can help families cover accident-related medical bills, household expenses, and funeral costs while they try to rebuild their lives.

Filing a wrongful death claim can, however, be complicated, as Florida has strict rules regarding who can recover damages and how much time plaintiffs have to file a claim. For this reason, those who have lost relatives due to someone else’s wrongful or negligent actions, should strongly consider speaking with an experienced Fort Lauderdale wrongful death lawyer before proceeding with their case.

Examples of Wrongful Death Cases

According to the Centers for Disease Control and Prevention (CDC), deaths by accident, or unintentional injury, are the third leading cause of death in the U.S. These accidents are far ranging, including everything from car crashes to drowning accidents. Most accidental deaths, however, fall under one of the following categories:

• Car accidents involving both passenger vehicles and commercial vehicles, whether caused by driver negligence or manufacturer errors;
• Pedestrian and bicycle accidents, which have particularly devastating consequences for non-motorists;
• Accidents on someone else’s property, including slip and fall incidents or being struck by a falling object;
• Injuries resulting from medical negligence, including misdiagnosis, surgical mistakes, and medication errors;
• Drowning and boating accidents; and
• Workplace accidents and illnesses.

This isn’t an exhaustive list of the types of accidents that can lead to a wrongful death claim. Criminal acts and animal attacks, for instance, could also support a wrongful death claim if they resulted in a fatality. Fortunately, there is not specific list of actions (resulting in death) that is necessary for this type of case. Instead, plaintiffs need only demonstrate that a few elements have been fulfilled.

Wrongful Death Elements

A death is considered wrongful in Florida if it was the result of a:

• Wrongful act;
• Breach or default of contract; or
• Negligence.

Those whose loved ones have lost their lives either because of someone else’s wrongful act, breach of contract, or negligence could be entitled to damages if they file the claim within the statute of limitations, which is two years from the date of the death. Furthermore, only certain individuals can file this type of claim on behalf of a deceased relative, including surviving spouses, children, or parents. If their claim is successful, wrongful death claimants could recover compensation for their loved one’s medical bills, lost wages, and pain and suffering.

Fort Lauderdale Wrongful Death Lawyers

To learn more about filing a wrongful death claim in Florida, please call the dedicated wrongful death lawyers at Boone & Davis today. You can reach a member of our legal team by calling our office at 954-566-9919 or by completing one of our online contact forms.

Resource:

cdc.gov/nchs/fastats/leading-causes-of-death.htm