A claim for wrongful death can be brought when an individual dies as a result of another party’s negligence or intentional act. Wrongful death claims allow a decedent’s estate to file a lawsuit against the party who is legally responsible for the death. To hold the defendant liable in a wrongful death, the person making the claim must meet the same burden of proof that the decedent would have had to meet had the decedent lived.
In Florida, there are several negligent acts that are a common cause of wrongful death in Florida. These include:
Car/Motor vehicle accidents
- Car accidents or any kind of motor vehicle accident (truck or tractor trailer) is a frequent cause of wrongful death claims in Florida. Drivers of any kind of motor vehicle have the responsibility to obey traffic laws, traffic signals, weather conditions and to pay attention to traffic and pedestrians who are lawfully on the roadway.
- Wrongful death claims resulting from a motor vehicle accident can be brought against the driver of the vehicle, the owner of the vehicles which sometimes includes businesses or corporations, or they may be made against the owner/driver of the vehicle in which the deceased was a passenger. Claims for wrongful death can also be brought on behalf of pedestrians and bicyclists who are killed by motor vehicles on the roadway.
Medical Malpractice/Nursing Home Negligence is a Common Cause of Wrongful Death
- A cause of too many wrongful deaths in the State of Florida is medical malpractice and nursing home negligence. Medical professionals, which include doctors, nurses, radiologists, diagnostician and physical therapy facilities to name a few, have a duty to provide treatment and care in accordance with acceptable standards of practice within the medical industry. Medical malpractice is professional negligence by a professional or health care facility that could include a misdiagnosis, a failure to diagnose, a failure to treat, a medical mistake during a procedure, or anything that should or should not have been done while a patient was under their care. A study by the Institute of Medicine found that more people die from medical error than from car wrecks. When medical malpractice results in death, the victim’s family can file a wrongful death lawsuit against those responsible for causing or allowing the death to occur. The Florida Statute of limitations in Florida for a medical malpractice or nursing home claim of any kind is different – and shorter – than the general negligence Statute of Limitations. If you believe you have a wrongful death or other medical malpractice or nursing home malpractice claim, please call Hunter Law Firm as soon as possible.
Slip, Trip, and Fall Accidents are a Common Cause of Wrongful Death
- More than 17,000 people die every year nationwide in falls. Many of these are caused by conditions that should have been prevented or repaired. When an individual is lawfully upon a property, they are legally entitled to the expectation that they are safe and that they will not fall or be injured in any way. Property owners have a duty to ensure that they maintain property in a safe and hazard free condition so that those lawfully on the property will not be injured, harmed or killed. Some property owners fail to obey the laws in maintain a safe and hazard free property. When someone who is legally on the property dies as a result of a fall caused by the property owner’s negligence, that the decedent’s survivors may file a death claim.
Child Deaths
- All wrongful deaths are sad and the grief of losing a loved one is overwhelming. But, the saddest claim for wrongful death that an attorney handles are those involving the wrongful deaths of children. Because children are so young, they are at the highest risk for death due to another’s negligence because they do not have the foreseeability of a danger that could cause death. For example in Florida, drowning is the number one cause of children ages five and under. Drowning death of small children is often the result of the negligence of a property owner, a caretaker, a lifeguard or the manufacturer of a pool safety device intended to protect children from drowning. In addition to drowning deaths, children often die as a result of a car accident, some due to faulty design of a children’s care seat intended to protect the child. Toys have small parts that could be swallowed by a child and cause suffocation have been known to cause a child death. Children are often drawn to the very things that can cause a wrongful death, and because of improper use, failure to abide by safety precautions, faulty design or manufacture, or the failure of a caretaker to be in attendance, children are the most vulnerable to a wrongful death.
If you’ve recently lost a family member as a result of a wrongful death, you are grieving and feeling overwhelmed. You are also likely angry that someone else caused the death of a loved one. Hunter Law Firm can ease the burden of dealing with the legalities involved and take the burden off you. We will handle the tasks involved in pursuing a claim for the death of your loved one, allowing you and your family to deal with and heal from your loss.
It is important to hire a lawyer sooner rather than later, because the wrongful death statute of limitations limits the time in which you can file a lawsuit. Because of the complexities of a death case, these cases should be handled by an experienced Florida wrongful death attorney who is familiar with the Florida Wrongful Death Statute.
Has A Loved One Died Due To The Negligence Of Others? Hunter Law Firm has represented the families of those who have died as a result of the negligence of another individual, business or facility. Call Hunter Law Firm at 813-853-0720 to find out what your rights are to bring a lawsuit for wrongful death against the parties who are responsible for your loved one’s death.
