When Can I Sue for Wrongful Death in Florida?
Wrongful death is a death caused due to the negligence of another person. It is painful and devastating to lose a loved one due to the laxity of another individual. However, you can file a claim and seek compensation for the death of your loved one by filing a wrongful death claim, and while this cannot bring your loved one back, it will ease the pain knowing that justice has prevailed.
A wrongful death claim is a lawsuit in which a victim sues another person or company to hold them accountable for their negligence that caused death to their loved one. In Florida, only the close blood relatives or the spouse can be allowed to file for compensation.
Florida law also has the statute of limitations, which states that the case should be filed within two years of the happening, failure to do so will result in case dismissal. Only in specific circumstances are such claims allowed to be extended for hearing.
The following are instances of when you can sue for wrongful death in Florida.
Fatal Car Accident
It is essential to consult an experienced wrongful death lawyer if you have lost a loved one due to a negligent driver. Your lawyer will be able to prove that the recklessness of the defending party caused the death.
To ensure your lawyer wins the case, it is crucial to produce convincing evidence. Ensure you have pictures of the incident as solid proof. Testimonies from witnesses can also come in handy to ensure your case stands strong.
Wrongful deaths can happen due to careless medical providers. For instance, wrongful death claims can be brought against a surgeon who forgot to remove cotton wool in a patient’s chest after surgery. Such cases are avoidable, but due to the doctor’s negligence, some victims end up losing their lives. It’s only fair for the family members to ask for compensation for some of their other losses associated with that member’s death.
Some physicians prescribe medicines to patients without checking their medical history. If the patients die, as a result, the physician will be held liable.
Birth-related injuries resulting in the death of the mother or the child can also be termed as wrongful deaths. If the doctor fails to diagnose a health condition, such as brain damage, on time, it can lead to the child’s demise. If both the mother and the child pass on, the spouse of the deceased can claim a wrongful death claim. The compensation will not fill the space for the loss of the loved ones, but it can be a little consoling.
Defective or Mislabeled Products
In Florida, a victim’s family may be able to pursue a wrongful death due to the usage of mislabeled products. You can sue the manufacturer with the help of your skilled wrongful death lawyer for failing to label its products appropriately.
The manufacturers will be responsible for paying you for all the incurred finances, such as the funeral and any medication the deceased had to undergo until the time of death.
If manufacturers produce and sell unsafe products to their customers, they must be held responsible for any death or injury that occurs. Manufacturers should ensure that they always provide correct information to avoid such incidents.
A simple slip or a fall on a wet area at your workplace can lead to severe injuries or even death. If the accident happened in your workplace and there was no warning sign showing that the floor was wet, it can be termed as wrongful death.
The deceased family should file for a wrongful death claim for the pain, loss of earnings, and other damages they have undergone.
Seeking justice for the loss of a loved one is the best thing to do. With the help of your wrongful death lawyer, you can determine your legal rights and sue the individual or company that made you lose your beloved ones.