Wrongful Death Cases In Florida
Wrongful death cases involve the death of an individual due to the negligence or wrongful conduct of another person or entity. Family members of the deceased may be eligible to file a wrongful death claim to seek financial compensation for their losses due to the death.
Wrongful death claims assert that someone was responsible for causing the victim’s death and that those responsible should be held accountable for their actions. The action can be brought by close family members, such as spouses and children, or other heirs of the deceased who have suffered financial harm due to their loved one’s passing.
The type and amount of damages sought in a wrongful death claim depend on multiple factors, including state law and the circumstances surrounding the case. Examples of damages typically sought in these cases include medical costs incurred before passing, funeral and burial expenses, loss of companionship, pain and suffering, and economic support that the deceased would have provided. It is important to note that there are statutes of limitations when it comes to filing a wrongful death lawsuit; if not filed within a certain amount of time, claimants may lose their chance at recovering any damages for their losses.
What is Recoverable in Personal Injury and Wrongful Death Claims?
When it comes to personal injury and wrongful death claims, victims or their families are often entitled to various forms of compensation. This can range from monetary damages for medical bills and lost wages to non-economic damages such as pain and suffering and loss of companionship. What’s recoverable depends on the type of claim in which the individual has been involved.
Personal injury claims typically permit victims to seek monetary recovery for medical costs incurred due to their injuries, any income they have lost because of the injury, and general damages for pain and suffering. In some cases, punitive damages may also be available.
In wrongful death cases, eligible family members may be allowed to recover certain economic losses, including funeral expenses and any medical expenses incurred before passing away. The deceased family members can sometimes recover from non-economic losses like loss of companionship or economic support.
Difference Between Personal Injury & Wrongful Death Cases
It can be hard to distinguish between a personal injury and wrongful death case, as both involve an individual being harmed due to the negligence of another party. But some key differences set them apart.
Personal injury cases arise when one person suffers physical or mental harm due to the actions of another person or business. In such cases, the injured individual is entitled to seek financial compensation for their losses, typically through a civil lawsuit. Such damages may include medical bills, lost wages, and pain and suffering.
Wrongful death cases occur when an individual’s death is caused by the negligence or intentional actions of another person or business. This type of case is brought on behalf of the deceased family members who have suffered economic and emotional losses due to their loved one’s passing. Damages awarded in these cases can include funeral expenses, medical costs incurred before passing, loss of companionship and support, and other losses from the death in question.
How Does a Wrongful Death Claim Work?
A wrongful death claim is a legal action brought against a person or company responsible for the death of an individual. Such claims are typically filed by family members of the deceased and allow them to seek financial compensation for the losses they have suffered due to the death.
The first step in filing a wrongful death claim is to establish liability. This involves proving that the defendant was at fault for the victim’s death and that their negligence caused it. Then, damages must be calculated to determine how much recovery is appropriate for the deceased’s family members and other heirs. Damages may include medical costs incurred before passing, funeral and burial expenses, and loss of companionship and economic support.
Once these elements are established, a lawsuit can be filed against the at-fault party seeking economic and non-economic damages on behalf of those entitled.
Some Wrongful Death Settlements in Florida
In the state of Florida, there have been numerous wrongful death settlements. Here are some examples:
- In 2019, a family received a $1 million settlement after their teenage daughter died in a car accident caused by another driver under the influence of drugs and alcohol.
- In 2018, a major hotel chain agreed to a wrongful death settlement of $ 2.25 million in response to an incident where a pool contractor was electrocuted while performing repairs at one of their resort locations.
- A 2018 case against developers and government agencies saw the family receive an $8 million wrongful death settlement for losing their son, who had drowned due to faulty construction that left his residential community without proper drainage systems.
No money can truly compensate for the loss of someone you love; however, these settlements provide much-needed financial support to families during difficult times.
The tragic passing of a loved one due to another’s negligence can qualify you for a wrongful death lawsuit. Talk with a knowledgeable wrongful death lawyer or personal injury attorney to learn more about your legal options and the filing deadlines.
For help, Contact Rojas Law Group, which specializes in Wrongful Death Lawsuits.
