Wrongful Death

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Requirement for a Wrongful Death lawsuit

The person who caused the death of another was partially or completely responsible for causing the death. The cause of the death is usually a negligent act but it can be an intentional act as well like it was with O.J. Simpson. Negligence leading to a person`s death is most common in car accidents, and medical malpractice. Work related injuries usually means a workers compensation lawsuit and not a Wrongful Death lawsuit. If the death is caused by some equipment a good lawyer can find a way to bring a Wrongful Death suit against the equipment`s manufacturer.

The death cannot be accidental. For example; if a person crossing the Turnpike at night gets killed by a motorist, no Wrongful Death lawsuit can be filed against the motorist or his insurance company because it was most likely an accident.

In a Wrongful Death lawsuit the estate or the surviving family members can bring a lawsuit to recover economic and non-economic damages.

Economic damages can be lost income and financial support, lost inheritance, lost value of household, funeral cost and other expenses.

It can be difficult to put a price on non-economic damage. These are the loss of love and affection, loss of companionship and comfort, loss of protection, guidance and emotional support.

Car accidents are the most common cause of death in Florida, because of both the number of drivers and how often people drive.

The majority of car accident fatalities result from driver’s negligence, which can be speeding, reckless driving, not paying attention to the road or driving under the influence. If any of these apply, the negligent driver can be liable for the deaths of anyone else involved in the accident including other drivers and passengers. If the accident occurred due to road issues, then the city or county may be liable.