What is wrongful death? The term refers to death which was the fault of another party, whether intentional or unintentional. When there is a “wrongful death,” the estate of the decedent is then able to file a lawsuit, seeking compensation for financial and emotional losses, loss of life, and accountability for those responsible.
Common Types of Wrongful Death Claims
- Medical Malpractice
This is when a medical staff or institution fails to follow appropriate protocol or becomes careless in the treatment of a patient. Examples could include misdiagnosis, childbirth injuries, surgical errors, prescription mistakes, or anesthesia errors.
- Car Accident
Death involving an automobile could be the result of speeding, reckless driving, driving while intoxicated, distracted driving, or auto defects, among others.
- Pedestrian Accidents
This is most often the result of driver negligence, though the controller of the roadway could be held liable if there is a lack of visible pedestrian walkways.
- Defective Products
In general, manufacturers make a big effort to ensure that their products are safe for consumers to use. However, in some cases, corners are cut and potentially harmful products make it onto the shelves.
- Work Accidents
This could apply to high-risk jobs such as construction and manual labor, but it could happen in any employment environment. Typical examples of deadly workplace injury include asbestos and mesothelioma exposure, being hit by a falling object, slip/trip and fall incidents, falling from a height, such as from a ladder or scaffold; and others.
Who Can File the Claim?
Any “real party of interest” can file the lawsuit. This could include immediate family members, who can sue for financial compensation; financial dependents or spouses, as recognized by law; and parents of the deceased. There are special circumstances which allow others to file a claim, for which you will need to consult a lawyer.
If you feel you may have a credible claim for wrongful death, contact Brett M. Bressler Attorneys at Law. We understand that this is a difficult time, but you aren’t alone. Our attorneys specialize in wrongful death claims and strive to provide you with the best possible representation.
A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases
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