What constitutes wrongful death?

On Behalf of | Jul 3, 2019 | Personal Injury | 0 comments

Coping with the death of a loved one can feel stifling and impossible, especially when it happens suddenly and with no time to prepare. Dealing with the aftermath of a death can amplify the raw emotion of the event.

When someone dies due to the action or inaction of another, it may classify as wrongful death. Florida law allows the filing of a wrongful death lawsuit in some situations.

Wrongful death definition

The first prong of the wrongful death test is how the person died. People can die in accidents, and they do not all necessarily qualify under Florida law as wrongful death. Therefore, knowing what the primary litmus test is for determining qualification is essential.

Wrongful death is one that occurs due to someone else’s involvement, either purposely or accidentally. There is some negligence by the other party. If the death is deliberate or due to a breach of agreement or contract, then it may also meet eligibility for recovery.

Civil lawsuit

If your loved one’s death meets one or more of the above conditions, you may want to file a civil suit against the party deemed responsible. Even if the act was criminal, the guilty party could withstand a criminal trial and a civil lawsuit. Your attorney may recommend when to take action, as the timing of a civil lawsuit may help or hurt the case.

Negligence and accidental deaths

Accidents happen, and when the reasons behind them include one or more factors that fall under the wrongful death statute, those left behind may file a suit. Some examples of wrongful death situations include the following:

  • Car accidents, including those that result from impaired driving
  • Workplace injuries that result in death
  • Medical procedures that end with the death of a patient

When you want to ensure that your family gets taken care of in the wake of a loved one’s death, you may wish to seek the counsel of an attorney. Dealing with the aftermath of a tragic event can take its toll on even the strongest family unit.

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