Florida residents do not die exactly the same way. Some may have been killed in car accidents, on the job or possibly from an ill-fated disease. However, if someone’s death stems from the negligence of another individual or company, the victim’s surviving family may find itself in a great deal of distress.
Fortunately, there are laws that are designed to hold negligent parties liable for fatalities that resulted from their actions. When someone dies due to the misconduct or negligence of another, the victim’s family can choose to pursue a claim against the offending party. But bringing a successful wrongful death claim depends on certain elements. These include the death of the individual, as well as the monetary injury incurred by the surviving family as a result of the fatality. The primary element in a wrongful death case would be the potential negligence caused by another or the intent to cause harm.
There are number of circumstances that may lead to a wrongful death case. Fatal medical errors committed by doctors or by a hospital may result in a wrongful death. This also applies to motor-vehicle crashes caused by another driver’s negligence. Wrongful death cases may also arise from work-related deaths, such as hazardous conditions in the workplace or occupational exposure. The potential criminal behavior of an individual that led to the death of another can also be included in these circumstances.
Whether the defendant is alive or deceased, a wrongful death claim can still be pursued, provided that the possible negligence of the defendant contributed to the untimely passing of the victim. Plaintiffs can even issue the claim against a deceased person’s estate.
There is a lot at stake when it comes to a wrongful death cases and it can be complex and confusing for both parties. The procedures used in a wrongful death action will depend heavily on Florida’s wrongful death statute.
Source: Findlaw.com, “Wrongful Death Overview,” accessed on Sep. 17, 2014