What is Considered Wrongful Death in Florida?
Wrongful death in Florida, in the simplest terms, is a death caused by the negligent actions of another. It is one of the more common crimes that any personal injury lawyer will inevitably be exposed to, and while suing the defendant in a wrongful death case will not bring back the deceased person, it can often offer a means of solace to the family who may be seeking compensation.
What Counts as Wrongful Death?
Many wrongful death cases come about throughout workplace accidents. This is due to the fact that an employer or business has a legal obligation to look after their staff and if by failing to do so, whether by intention or negligence, an accident occurs which results in death, the employer may be found guilty of wrongful death.
Alternatively, wrongful death can also be found from faulty products. For example, the manufacturer or designer of a faulty or dangerous part of a vehicle may be sued for wrongful death. A government body who failed to provide appropriate signage for a road hazard that lead to the death of a driver can also be sued for wrongful death.
What is the Difference Between Murder and Wrongful Death?
The main difference between a murder charge and a wrongful death charge is the punishment. With a murder charge, if the accused is found guilty, they will often be sentenced to time in jail. However, a wrongful death case is a civil lawsuit, with the intention of seeking the damages caused to you by the defendant’s negligent actions. Therefore, in a wrongful death case, if the accused is found guilty, their only punishment will be to pay compensation to those affected by their actions.
Who Can Sue for Wrongful Death?
A wrongful death case can only be filed by someone who is directly affected by the death. For example, if a man was killed due to the negligent actions of his employer, and his wife and children relied on his income to support them, the wife could sue her husband’s employer for wrongful death and seek compensation for the lack of income. Essentially, any immediate family members or life partners of the deceased who will suffer financial losses because of it will be eligible to sue. This also extends to distant family members who may now be obliged to alter their life plans due to the unforeseen death. For example, a single parent dies in a wrongful death case and their parents are now responsible for looking after their grandchildren. In this case, the cost of looking after the children would be sought in compensation.
Why File a Wrongful Death Case?
To lose a loved one is a devastating affair, and certainly not one which many people choose to make harder. While many people fear that entering a legal case will draw the process out and make it harder to move on with their lives, it is often the easier option if facing a financial crisis due to the wrongful death. Additionally, many people find that seeking justice in such a situation can also help to find peace with the situation, being the modern-day equivalent of avenging your loved one’s death.
For more information on wrongful death, or if you think you have a case for wrongful death and would like to learn more, get in touch with one of our specialized personal injury lawyers today, who will be happy to discuss this further with you.
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