Wrongful death is any type of death caused by another person’s negligence or wrongful act. While death is already a painful experience, it can be harder for those left behind when someone’s careless acts cause that death. The Florida wrongful death statute allows surviving family members to pursue a case against the responsible party and get compensated. This eases the financial burdens of those left behind. Below are some of the common causes of wrongful death.
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Motor Vehicle Accidents
In 2020, the state of Florida registered the third-highest number of car accidents in the US. While most accidents lead to injuries, serious accidents cause death. Negligent behavior like drunk driving, reckless driving, speeding, and distracted driving can all lead to severe accidents and deaths. Surviving relatives can file a wrongful death claim against such a driver.
When filing such a case, it’s advisable to work with personal injury attorneys like those at Redemption Law based in Miami, FL. Qualified lawyers will help you seek compensation for lost income, funeral expenses, loss of companionship, and pain and suffering.
Medical Malpractice
Medical malpractice happens when healthcare givers don’t meet the expected standard of care, leading to the death of a patient. Maybe they misdiagnosed a patient, hence prescribing the wrong treatment, leading to death. Sometimes, a surgeon can make a mistake in the operating room, causing fatal injuries and death. In medical malpractice cases, you’ll need to prove that the healthcare provider was negligent in their duty to get compensated.
Workplace Accidents
Some occupations like construction, firefighting, and rig operators are risky. It’s the responsibility of those in charge to provide safe working conditions to reduce the risk of accidents. Unfortunately, some employers don’t do this, leading to wrongful death in the workplace. In such cases, one has to prove negligence to earn compensation. It’s also important to understand how workers’ compensation insurance works in Florida to know the benefits you’re entitled to.
Product Liability
It’s unfortunate that everywhere you turn nowadays, you encounter defective products. Some have poor designs, malfunctioning safety features, or wrong or unclear instructions. For example, a type of medication might not have a clear warning about the bad side effects someone can experience if they take it with another drug. If failure to warn leads to the death of a loved one, you can file a product liability claim against the drug manufacturer.
Premises Liability
Wrongful death can also happen on someone else’s property because of negligent maintenance or hazardous conditions. The most common premise liability case is slip and fall accidents. Severe falls can lead to serious injuries like traumatic brain injury and eventually death. Even inadequate security leading to homicide is considered a premise liability case. When pursuing such cases, one has to prove the manager or the owner was aware of the dangerous conditions but didn’t take action to rectify them.
Pedestrian Accidents
Pedestrian accidents will likely lead to death because people walk without any form of protection. When they’re hit by a car or motorcycle, their bodies take the impact of the hit, which can lead to death. If a driver was engaging in negligent behavior like distracted driving and ended up hitting your loved one, leading to their death, you can pursue a wrongful death claim.
Note that in certain cases, the city or state may be responsible for the wrongful death. For example, if the road lacked visible pedestrian walkways, which prevented the driver from seeing the pedestrian, then the city is held responsible.
These are the most common causes of wrongful death. When filing a claim, there are certain requirements your case has to meet. That’s why you have to consult with an attorney who will analyze your case and advise you on your legal options.
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