Articles Tagged with wrongful death

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree. 

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

When someone is killed in an accident, there may be two types of legal claims by surviving family members. One is wrongful death, in which they are seeking compensation not as actual victims of the incident – but as victims of the aftermath due to the void left behind by their loved one’s death. The other is a right of survival action under Florida law, which views the deceased person as the victim. The statute provides that the power to sue the at-fault party for negligence continues even after the death, where the victim could have pursued a lawsuit if he or she had lived. 

Wrongful death and survival actions might seem similar, but you can see how the laws define the victim of a fatal accident differently depending on the approach. This factor is especially important when a significant amount of time has passed from the date of the accident to the date of death. You can learn details by consulting with a Miami wrongful death lawyer.

Survival Actions and Noneconomic Damages

Americans enjoy a rather long life expectancy at around 79 years old, but accidents are a common reason that this duration may be cut short. According to the US Centers for Disease Control and Prevention (CDC), almost 214,000 people are killed every year because of unintentional injuries, many of which are preventable. There is a common assumption that car accidents are a top cause of fatalities, and motor vehicle collisions do rank high. However, with the opioid crisis and widespread availability of fentanyl, unintentional poisonings take the #1 spot. 

Losing a loved one is tragic, but the resulting financial implications affect your life in ways you did not expect. Florida wrongful death laws do provide you with legal remedies, so you may qualify to recover compensation after a horrific accident. A Miami wrongful death lawyer will handle all important legal tasks, and some information on monetary damages is also helpful.

Compensation in Fatal Accident Claims

Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned. 

A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.

Defective Pool Equipment in Swimming Pool Accidents

While accidents might have been knocked down a notch by COVID in the last two years, unintentional injuries are still the fourth leading cause of death in the US. The US Centers for Disease Control and Prevention (CDC) reports that more than 200,000 people are killed every year in preventable accidents, with falls and motor vehicle collisions topping the list. For surviving loved ones whose lives are forever changed, the grief and devastation can be overwhelming. In time, the victim’s family will also sustain significant financial losses from the void left behind. 

Fortunately, Florida personal injury laws provide legal remedies after someone dies from unintentional injuries. There are two in particular that may apply if you recently lost a loved one — a wrongful death lawsuit OR a survival action. Though these options stem from the same fatal incident, they are different. A Miami wrongful death lawyer can explain the details, and you might find an overview to be informative.

Different Actions From the Same Fatal Incident

Motor vehicle collisions, defective products, slip and falls, and many other accidents are a leading cause of injuries in the US, but you might be shocked to learn how often these incidents are fatal. The US Centers for Disease Control and Prevention (CDC) reports that almost 214,000 individuals are killed because of unintentional incidents, making accidents the #3 cause of death nationwide. Fortunately, Florida wrongful death laws provide surviving family members with options, so you might qualify to recover compensation for your extensive losses. However, proof is an essential component of any personal injury case. It can be tough to come by when the primary witness died because of someone else’s negligence. In such a claim, you must show that the victim died as a direct result of the at-fault party’s misconduct, along with other legal requirements. Your Miami wrongful death lawyer will take the lead in gathering information, but it is helpful to know the evidence needed to prove such a case. 

Proof of Key Elements

The initial element you must establish in a negligence-based case is that the responsible party owed a duty to your loved one. Proof is relatively straightforward, since everyone is legally obligated to act with reasonable care and avoid creating a risk of harm to others. With respect to other elements, note the following details on evidence:

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
Contact Information