Florida’s Wrongful Death Act specifically recognizes the importance of seeking justice when the wrongful death of a loved one devastates a family.
The Wrongful Death Act states that “it is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”
The Wrongful Death Act creates the right for survivors to hold the wrongdoer accountable for the mental anguish inflicted.
The Florida’s Wrongful Death Act provides for recovery against the wrongdoer when children have lost parental companionship, instruction, and guidance and for their mental pain and suffering.
The Wrongful Death Act provides for the surviving spouse to recover from the wrongdoer for loss of companionship and protection and for mental pain and suffering.
And, the Wrongful Death Act recognizes the financial losses, including, of course, the loss of support and services caused when a person dies at the hand of a careless or reckless corporation or person.
When a child dies a wrongful death, the Wrongful Death Act provides the right of parents to recover for their mental pain and suffering.
The Most Common Types of Wrongful Death Cases
Danger is all around us. Every time you leave your home — and even when you’re at home — you’re at risk of an accident that causes a severe injury or even death.
Some of the most common types of wrongful death cases are associated with:
- Motor vehicle accidents: These result from behavior such as drunk driving, distracted driving, reckless driving, and road defects.
- Commercial truck accidents: These accidents involve a commercial truck and passenger vehicle and are often caused by drowsy driving, aggressive driving, improper loading, trucking company negligence, and mechanical defects.
- Motorcycle accidents: The most common cause is driver inattention, such as someone who changes lanes without looking. In addition to death, motorcycle injuries can result in head trauma, broken bones, paralysis, burn injuries, and more.
- Defective products: Think about all the products you use throughout your day. From medication to food to tools, you’re always using something to do your job, complete a task, or enjoy yourself. Unfortunately, a defective product — such as medication or a child’s toy — could result in death.
- Medical malpractice: You seek medical care to improve your health and well-being. You don’t do so with the idea it could result in death or serious injury. But this happens more than it should. Medical malpractice comes in many forms, such as wrong diagnosis, birth injury, surgical errors, and the use of defective medical tools or devices.
- Workplace accidents: Even if you work in a relatively safe industry, you never know when you could suffer an injury in an accident. For example, if you work in the construction industry, a fall from height could result in your death. Or in an office setting, a person could suffer fatal injuries in an elevator or escalator accident.
Think about it. Every day, you’re at risk of death related to all six of these circumstances.
How to Protect Your Legal Rights
If you suspect that you have a wrongful death case after the death of a loved one, you must take the steps necessary to protect your legal rights. Here’s what you should do:
Determine if you’re eligible to file a wrongful death lawsuit
In Florida, this is limited to the following groups:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adoptive siblings
- Children born out of wedlock to a mother or father
If you fall into one of these categories, you have the legal right to take action against the negligent party. By consulting with an experienced and knowledgeable attorney, you’ll gain a better understanding of how to prove your eligibility.
Collect All Applicable Evidence
While your wrongful death attorney can guide you, it never hurts to collect evidence as soon as possible.
This comes in many forms and is based largely on the type of accident.
In the event of medical malpractice resulting in death, medical records are important to your case.
Should a loved one be killed in a motor vehicle accident, a copy of the police report and photos of the scene will come in handy.
Act Fast
There is a two year statute of limitations on wrongful death cases in the state of Florida. In other words, you have two years from the date of your loved one’s passing to file a lawsuit. This sounds like a lot of time, but it can pass you by as you grieve.
If your family experiences a wrongful death, consider having Terrell Hogan represent you. We’ll seek justice: to hold “the wrongdoer” accountable. All you have to do is contact us online or via phone at (888) 244-5557. Either way, we’ll take charge of your case to ensure that you receive the compensation you deserve.
