Wrongful Death Attorneys
Wrongful death is a claim in common law jurisdictions
against a person who can be held liable for another person's
death. The claim is brought in a civil action, usually by
family. It is often easier for a family to seek retribution
against someone who kills a family member through tort than
a criminal prosecution.
The
wrongful death must have been caused, in whole or in
part, by the defendant's conduct, even though there was no
direct intention to kill the victim. The wrongful death defendant
must have been proven negligent or liable for the victim's
death.
Under
Florida law, family members can collect economic damages
for medical and funeral expenses, as well as non-economic
damages for loss of companionship of the family member and
emotional suffering.
Wrongful
death claims may arise from any of the following:
- Fatal
car accident
- Dangerous
or defective automobiles
- Death
by medical malpractice
- Inaccurate
dispensing of prescription drugs by a pharmacy
- Defective
products
- Public
transportation accidents
- Fatal
industrial and job site accidents
Florida
has instituted a wrongful death procedure (768.16 wrongful
death Act), where the personal representative of the deceased's
estate files a wrongful death lawsuit against the wrongdoers.
Wrongful Death And Legal Representation
In
order to litigate a successful case of wrongful death
your attorney must prove the
following points:
- The
death was caused by the misconduct or negligence of another
person or company
-
The life expectancy of the deceased
- Life
expectancy of surviving beneficiaries
-
Much of the loss is emotional
An
experienced wrongful death attorney will understand
and enter a claim for a wrongful death. Selecting a well-qualified
attorney with significant experience in wrongful death claims,
negotiation, and litigation is an important decision that
should not be taken lightly. The Law Office of Culpepper Kurland is experienced in fighting for the rights of
family members in wrongful death cases. If you need
more information regarding a wrongful death case please feel
free to contact us for more information.
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