How A Wrongful Death Claim Can Help Your Family Recover After A Loss

Who Can File A Wrongful Death Claim?
Legally a wrongful death is considered the death of a human being due to the wrongful act of another person. A wrongful death lawsuit is filed on behalf of the members of the family of the deceased. In the state of Florida, the following can pursue a wrongful death suit:
● Spouse
● Children
● Parents
● Dependents
These are considered survivors or beneficiaries under state law.
What Are The Damages Available In A Wrongful Death Case?
When your loved one passes, you aren’t just left to deal with the grief. Often times you are left with serious bills. This is especially hard when your loved one was the... ...read full post
Determining Damages In A Florida Wrongful Death Case

Compensatory Damages
Compensatory damages will make up the bulk of a wrongful death settlement. These damages are awarded in order to repay the victim’s family for expenses such as medical costs and funeral expenses. If the deceased required ongoing medical care before eventually succumbing to their injuries, these expenses will be covered in compensatory damages as well.
Proving compensatory damages is fairly simple. The family of the deceased will simply need to submit all medical bills and records into their evidence, proving the amounts they’ve paid in order to cover these costs. In wrongful death cases, compensatory damages are rarely contested if the proper evidence is... ...read full post
School Bus And Pedestrian Safety

It is when this hurried feeling of pedestrians and motorists alike get in the way that can cause accidents that could have otherwise been avoided if proper care was taken.
Dropping Off the Kids
If you drive your children to school, to avoid any accidents, you should always follow the proper drop off procedures as designated by the school. Never double park your car because doing so can block visibility for others. Never load or unload children on the side of the road by the school, and it may be beneficial to carpool to and from school to reduce the number of vehicles in a hurry to drop off or pick up students.
Sharing the Roadways
As a... ...read full post
Watch Out For Heatstroke In Cars This Summer

But there’s one area where negligence can come from what an adult does, and that is leaving children—or even pets—in a car during the summer. Sometimes this can lead to serious illness, and other times, tragically, it can lead to death.
The Florida Danger
Everyone makes mistakes, and sometimes an act of carelessness can result in inconveniences, such as forget-ting to put the lid on a cooler and letting the ice keeping the drinks cool melt. But other times, negligent mo-ments can lead to injury, and sometimes even death. Heatstroke is not something that is normally associated with an act of carelessness, but in Florida, that is very much... ...read full post
Understanding The Basics Of Florida Wrongful Death Claims

What Is Wrongful Death?
Wrongful death is the legal term for when someone has lost their life as the result of another’s negligent or wrongful acts. In the state of Florida, wrongful death is defined by legal code 768.18 “The Wrongful Death Act”. The legal code also defines the right to action, who can file a wrongful death claim, damages that can be awarded, and the statute of limitations for wrongful death claims. Wrongful death is a civil claim and can be filed alongside a criminal case.
Who Can File A Wrongful Death Claim In The State Of Florida?
Florida law allows a personal representative of the deceased person’s estate to file a wrongful death... ...read full post
Accidental Death Vs Wrongful Death

For example, in a situation where a child is hit by a car, clearly it was a driver, behind the wheel that plays some part in the death of the child. But is the driver actually responsible? A lot of factors play into answering that question, and the answer will determine whether the death was accidental, or a case of wrongful death, where legal action can be taken.
Accidental Death
When a death is legally decided to be accidental, that means that no one is held responsible, and therefore, no criminal charges or civil lawsuits can go forward. In our example of a child, if the driver is alert,... ...read full post
How Do You Assign Fault In A Public Accident?

This is not like typical cases that a personal injury lawyer would normally take. In the majority of cases, there will be a vehicular incident, such as a car crash, or there may be an accident on the job that causes an injury, or there may even be some negligence at work in a place of business, such as people taking a fall due to slippery, just washed tile on a floor.
But an entire bridge collapsing before it is even fully constructed is a very unusual situation. This is not a case... ...read full post
Miami Bridge Collapse Victims Recovered

The Collapse
The accident occurred on a bridge connecting Florida International University and the city of Sweetwater to one another. However, the 174-foot main span of the bridge was placed just five days before the collapse, and emergency workers have struggled to remove 950 tons of weight from the accident site.
Those killed in the accident ranged in age from 18 to nearly 60, though only a few names have been released thus far. The National Transportation Safety Board is currently investigating the accident and what could have led to it, and a report claims that an engineer left a voicemail for a Florida International University employee stating that there were visible cracks in the bridge just two days before the collapse, but the message wasn't heard until the day... ...read full post
Picking Up The Pieces After The Death Of A Loved One
When someone you love has been taken away as a result of an unexpected accident, you’ll likely experience a flurry of emotions. The deepest levels of hurt can only be matched by the deepest levels of anger toward the negligence of the party that caused the death. Recovery from such a loss might be difficult and take time, but if you believe that another party is at fault in the death of your loved one, you might be able to file a wrongful death claim against them.
Who Can Bring About A Wrongful Death Suit
Under Florida law, when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person, the deceased person’s estate can bring about a civil lawsuit to seek losses. The individuals who can bring about a wrongful death claim include those who are related to the deceased as a:
• Spouse
• Child
• Parent
• Dependent blood relative
• Child born out of wedlock of the mother; also of the father if it is established that the father assumed responsibility and support for the child.
The claim must be filed by a personal representative of the estate, typically named in the estate plan or... ...read full post
Who Can Bring About A Wrongful Death Suit
Under Florida law, when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person, the deceased person’s estate can bring about a civil lawsuit to seek losses. The individuals who can bring about a wrongful death claim include those who are related to the deceased as a:
• Spouse
• Child
• Parent
• Dependent blood relative
• Child born out of wedlock of the mother; also of the father if it is established that the father assumed responsibility and support for the child.
The claim must be filed by a personal representative of the estate, typically named in the estate plan or... ...read full post
Amtrak Derailment Could Bring Lawsuits

What Caused The Accident?
The train derailed because it was going nearly 2.5 times faster than it should have been. The train entered a curve at 81 mph, even though the recommended speed was 30 mph. Those killed were all passengers on the train. Although the train struck at least five cars when it tumbled to the highway, no vehicle passengers were killed.
Unfortunately, the new railroad came under heavy scrutiny, which makes an event like this all the more tragic. The mayor of Lakewood, a nearby town, had fought against the rail line, even saying on record that someone would end up being killed. Mayor Don Anderson was concerned about the lack of railroad crossings because people in the area... ...read full post
Stay Safe And Free Of Personal Injuries This Hunting Season By Avoiding These Products

Overheating electrical charges can start a fire, leave behind different degrees of burns on the skin, and even pose an electrocution risk to consumers. Something as simple as recharging your battery could have lasting negative consequences, and on occasion lead to a wrongful death. This example shows that personal injuries can happen anytime, anywhere, and with items that most of us do not view as being dangerous. If you or a... ...read full post
Wrongful Death Can Be Caused By Wrongful Acts

Wrongful death is, sadly, one of those instances. Wrongful death is when the surviving family members of someone who has died realize that someone else was responsible for a death that was otherwise preventable and decide to go to court. In many cases, wrongful death is usually about negligence, which means that a defendant is being taken to court because that person, group or business had a basic responsibility they were expected to perform, and failed to exercise that responsibility, which resulted in death.
But there is another instance in which wrongful death can occur, and a personal injury lawyer would be required for a court case. This is known as a “wrongful act.”
Not An Accident
In Florida, a wrongful act is legally interpreted as an intentional act... ...read full post
Were There Wrongful Deaths At Hollywood Hills?

For eight seniors at the Rehabilitation Center in Hollywood Hills, this was a tragic discovery that was made when the residents at this care center found their lives endangered not by gale force winds, but heat in their rooms.
A Lack Of Power
The management of the Rehabilitation Center made the decision to not move their residents when news of Hurricane Irma’s approach came. They had confidence in the structural integrity of their building, and were sure that the people in their care would remain high and dry as the storm passed. They were right about their assessment, and even as the hurricane hit the area, the seniors in the care of the Rehabilitation Center staff were well protected against the elements.
Tragically, however, while the... ...read full post
Should Parents Be Accountable For The Acts Of A Child?

What happened? How did it come to this?
A Trip Gone Wrong
This court case stems from an incident that took place two years ago, at the town of Jupiter Inlet, in the Palm Beach area. In July of 2015, 14 year old Perry Cohen and Austin Stephanos left Jupiter Inlet alone and unsupervised on an 18’ craft headed for some pleasure cruising on the ocean. They never returned. A search was conducted for the teens and the boat they had left in, but while the boat itself was eventually found and recovered, the two teenage boys were never found.
Now, two years, later, Pamela Cohen, the mother of Perry is part of a lawsuit for negligence and wrongful death that is focused... ...read full post
Survival Action & Wrongful Death

This is where an accident lawyer helping with a case, such as wrongful death can make a big difference. But not all situations are as simple as the tragedy of a loss of a life. Things do not always play out as a binary scenario of a person either surviving or not surviving an accident. And that’s when things can get complicated, which is why we’re going to look one of the more complex and upsetting legal situations, the survival action, and how it compares to wrongful death.
Delayed Reaction
There may be some cases where a terrible... ...read full post
Knowing Your Rights When You Lose A Loved One

But what about those who lose a loved one to an accident? When someone dies due to the reckless actions of another party, it is what is known as 'wrongful death' and the survivors who are left behind do have rights. One of those rights is the opportunity to seek out financial compensation for their loss.
Knowing Your Rights
The first step you'll need to take is understanding what wrongful death claims involve and what allows you to seek compensation. Essentially, these types of legal claims are the same as other personal injury claims in that it must be shown that your loved one was killed through reckless or negligent actions of someone else.
This can include a wide range of things including:
Failure to provide safe working environments
Failure to correct safety... ...read full post
What’s The Difference Between Wrongful Death & Murder?

In the end, O.J. Simpson was found not guilty of murdering Nicole Brown Simpson, or Ron Goldman, but his time in court wasn’t over. Despite being found innocent of murder, Simpson was sued for wrongful death, and this was a trial he lost. He was subsequently required to pay out 33.5 million dollars in damages because Simpson, despite being innocent of murder, was found liable for wrongful death.
So how did this happen? How can someone not be a killer and yet be responsible for the death of others?
Criminal & Civil
This is one of those situations... ...read full post
What Qualifies As A Wrongful Death?

Still, if you do find yourself in a situation where you think you can file a wrongful death suit, it can help to know exactly what situations count as a wrongful death.
Malicious Act
If someone dies due to a deliberate, malicious action, that easily qualifies as a wrongful death. In such cases, the wrongful death suit usually waits for the criminal murder or manslaughter case to come to a verdict first, and if the jury finds the defendant guilty then the civil wrongful death case generally just goes through the motions. Still, sometimes the civil case will find the defendant at... ...read full post
Why You Should Pursue A Wrongful Death Claim

What Is Wrongful Death?
Wrongful death is a legal term for when someone has lost their life as the result of the actions of another person. Wrongful death includes all kinds of fatal accidents from car accidents to product liability to occupational hazards to intentional acts of malfeasance or violence. Since the victim is no longer alive, a wrongful death suit is brought by a representative of a person’s estate, typically a family member. A wrongful death case... ...read full post
Understanding Wrongful Death

While overcoming the loss of a loved one is an emotional challenge that will leave lasting memories forever, it’s even worse when the death could have been prevented and was instead caused by the reckless or negligent actions of another. Taking a closer look at wrongful death law is something that is well worth doing for anyone who has lost a loved one recently.
What Is Wrongful Death?
Essentially, wrongful death in terms of Florida law refers to a death that has occurred as the direct result of the reckless or negligent actions of another party. If certain conditions are met, the negligent parties could be ordered to pay financial compensation to the family of the deceased.
In order to seek compensation for wrongful death, it must be proven that the other party acted in a way that was negligent or... ...read full post
The Difference Between Murder And Wrongful Death

What Is Murder?
Murder is a criminal form of murder where the actions of one person directly lead to the death of another. Since murder is against the law, murder charges are brought against an individual by the state. Murder is determined by intent. If a person intentionally kills another person they are guilty of murder. ... ...read full post
How To Pick A Good Nursing Home For Your Parents

Consider Your Parent’s Medical Needs
Depending on the severity of their health issues, you need to find the right type of nursing home for them. If your parents have health issues but are still high functioning, you’ll want to look at household care. Household care are nursing home communities where seniors live independently... ...read full post
Types Of Medical Malpractice

Doctor Errors
Doctors errors occur when a doctor treats a patient without the competency required for the treatment. These errors can also occur if the doctor is negligent or distracted. Doctor errors can also concern prescribing the wrong medication or a dangerous dosage. Doctor errors can also happen during surgery, childbirth, the administration of anesthesia, and any other form of medical practice.
Surgical Errors
Surgical errors happen during surgery. Surgical errors are the result of a surgeon lacking the competence to perform the procedure, distractions, or can be deliberate. Surgical errors can also occur as a product of misdiagnosis and the surgeon does not do their due diligence to ensure they are performing a necessary or appropriate procedure.
Nurse Errors
Nurse errors are... ...read full post
Is A Wrongful Death Suit Right For Your Family?

What Is Wrongful Death?
Wrongful death is when a person has died through the negligence or misconduct of another person or the actions of a company or entity. A wrongful death lawsuit is a civil claim brought forth by survivors. During a wrongful death lawsuit the survivor or survivors seek compensation for the losses associated with the death.
Types Of Wrongful Death Cases
There are several types of... ...read full post
Wrongful Death Laws And Your Legal Options

The first step to doing so is simply to contact a wrongful death attorney. They’ll review your situation and make a determination as to the strength of your case and whether or not you have the legal grounds to seek compensation for your loss. This usually comes down to a few basic things:
Fault is based on acts of negligence and recklessness. In short, you must show that the other party acted in a manner that was reckless or negligent and that they were aware that their actions were as such.
You must... ...read full post
Understanding Florida’s Wrongful Death Laws

The faulty switches were admittedly linked to 124 deaths, and there could be more that GM has not yet acknowledged. In cases like this, the term “wrongful death” gets bandied about, but what exactly does that entail?
Origins Of Wrongful Death Claims
Traditionally, deceased persons could not bring law suits in court. As a result, if someone’s wrongful actions resulted in another person’s death, he was immune from civil suits even though he could have been sued if the other person had just been injured, but did not die.
To close this loophole, states began enacting wrongful death statutes, which specifically enabled surviving family members to bring suit on behalf of the deceased.
Who Can Bring A Wrongful Death... ...read full post
What You Should Know About Asbestos In The Workplace

The Health Risks Of Asbestos In The Workplace
Asbestos is a naturally occurring fibrous material. Due to its durability and resistance to heat and flame, asbestos has been utilized in dozens of industries and occupations for decades. However, long before its popularity in the industry peaked, asbestos quickly became linked to several health problems. Which makes it unsurprising that thousands of workers have developed a deadly asbestos-related disease called mesothelioma.
As we have mentioned, the dangers of asbestos have been clear for decades now. In fact, everyone breathes in trace amounts of asbestos each day, since it naturally occurs in nature. However, because asbestos fibers can be inhaled, even short-term... ...read full post
Wrongful Death: Defective Product

Some products are naturally dangerous such as a kitchen knife. However, consumers don’t expect to suffer injuries while using a product that is made to keep us safe or has promised us to be safe to use. Unfortunately, some still end up paying the price for home appliances, automobiles, medical devices, and several other products that fail or became more dangerous than it was supposed to be.
Product manufacturers need to ensure that their products are safe from defects that may cause injury or death. When companies fail in this duty, it is their customers that end up paying the price. However, the survivors of the deceased may be able to file a wrongful death lawsuit in order to the financial compensation needed to recover.
A wrongful death due to a defective product can happen because of any of the following:
Defective auto parts... ...read full post
Volkswagen Isn’t Alone In Earning Government Fines

The GM Debacle
The thing about General Motors’ faulty ignition switches, which tended to shut off the car engine (and the air bags) while in motion, is that the National Highway Traffic Safety Administration and other regulators had opportunities to catch the problem early, but they failed to do so. GM’s bankruptcy and reorganization during the Great Recession go a long way towards explaining why even a major problem like the ignition switches would fall through the cracks, but even so evidence and fatal examples were piling up without anyone reading or acting on GM’s internal reports.
It took until 2014, around a decade after the problem first showed up on GM’s internal tests, before a new CEO and a barrage of personal injury and wrongful death suits forced... ...read full post
The Downside Of Miracle Drugs

The price of new medications is rising steeply (some would say arbitrarily) and not every health insurance plan can afford to cover the latest and greatest in new treatments. What’s more, the pharmaceutical industry can be highly competitive, and that sometimes encourages drug companies to falsify or otherwise cheat on their tests so that they can beat their competitors to the market. Somehow they think that people won’t notice or link the painful suffering or death of the user to their unsafe drug, but things rarely work out in their favor.
Here are a few of the drugs that are out right now which may be responsible for several... ...read full post
What To Do When A Hazardous Environment Leads To Wrongful Death

Though there are many different types of 'wrongful death' claims, death due to hazardous environment is not as talked about as it should be. Exposure to hazardous and toxic substances is dangerous and can result in fatal injuries. Sadly, many of these materials can be found in products for all kinds of uses. However, a company that fails to protect its employees and the general public from exposure to such chemicals and materials should be held accountable for their actions and neglect.
Fatal injuries can result from exposure of hazardous and toxic materials and are most... ...read full post
Know Your State: The Common Flux Of Common Law

For instance, according to the common perception of homicide laws, there are two degrees of murder: the first is premeditated and the second is more spontaneous. Below that are several degrees of manslaughter where death is not intended, and lastly there’s justifiable homicide where the death is intentional but for some reason unavoidable.
The Florida Difference
If you happen to live in Florida, this system simply isn’t the case. According to Florida statutes, there are three degrees of murder:
The first degree covers premeditated killings and anyone killed by someone committing a major felony such as arson, robbery, or kidnapping.The second degree covers reckless endangerment outside of a vehicle... ...read full post
Wrongful Death, Florida Law, Compensation And Justice

The Way It Works
Homicide and criminal negligence are criminal matters which the state prosecutes in order to impose a fine, a prison sentence, or very possibly the death penalty. In contrast, wrongful death suits are civil cases which typically must be filed by a direct relative or the executor of the deceased’s estate.
While criminal cases are about exacting justice, the purpose of a wrongful death case is to compensate the survivors or the estate directly. This compensation includes obvious matters such as medical and funeral expenses, but it can also include payments based on emotional... ...read full post
Understanding A Wrongful Death Lawsuit

Wrongful death lawsuits are about much more than a cash grab, and are even about more than getting some kind of justice. In reality, they're an important way to pick up the pieces, grieve, and begin to get your life back together after losing someone you love. Losing a loved one can bring with it significant financial challenges including things like a lost source of income, heavy medical expenses, and large funeral costs. If the death was caused by the reckless actions of someone else, you shouldn't have to shoulder the burden on your own. That's where a wrongful death lawsuit comes into play.
Speaking with an attorney is the best way to go about taking... ...read full post
Wrongful Death Claims And Florida Law
Wrongful death is a civil action that may be brought by the survivors of a deceased party. The Florida Wrongful Death Act specifically allows spouses, children, parents, and relatives who may have been dependent on the deceased to seek financial recovery.
The estate of the deceased may also file a wrongful death lawsuit to seek financial remedy for the losses sustained as a result of the tragic loss of a loved one.
There is a two year statute of limitations on wrongful death in Florida which means you should speak to a wrongful death law firm promptly if you believe you or your family have a wrongful death claim.
Types of wrongful death claims
An actionable wrongful death can occur anywhere and at any time. Some examples of wrongful death claims include the following:
- Slip and fall injury
- Premises injury
- Medical malpractice
- Birth injury
- Work or job-related injury
- Exposure to toxic materials
- Nursing home abuse
- Airplane accidents
- Boating accidents
- Car accidents
- Motorcycle accidents
- Criminal attack
- Animal attack
An experienced wrongful death lawyer knows how to evaluate your situation and determine whether you should bring an accidental death lawsuit. The sooner you contact an attorney the better in order that evidence can be preserved and... ...read full post
The estate of the deceased may also file a wrongful death lawsuit to seek financial remedy for the losses sustained as a result of the tragic loss of a loved one.
There is a two year statute of limitations on wrongful death in Florida which means you should speak to a wrongful death law firm promptly if you believe you or your family have a wrongful death claim.
Types of wrongful death claims
An actionable wrongful death can occur anywhere and at any time. Some examples of wrongful death claims include the following:
- Slip and fall injury
- Premises injury
- Medical malpractice
- Birth injury
- Work or job-related injury
- Exposure to toxic materials
- Nursing home abuse
- Airplane accidents
- Boating accidents
- Car accidents
- Motorcycle accidents
- Criminal attack
- Animal attack
An experienced wrongful death lawyer knows how to evaluate your situation and determine whether you should bring an accidental death lawsuit. The sooner you contact an attorney the better in order that evidence can be preserved and... ...read full post