It’s always tragic when a loved one dies, but it can be even more difficult if someone’s negligence caused their death. At Shapiro | Delgado, we understand how difficult this can be, and we are here to help.
While you need to take some time to grieve and heal, you also need to protect your family’s best interests. No amount of money will bring your loved one back but filing a wrongful death claim can help secure your family’s financial future. This is particularly important when young children have been left behind.
Learn more about wrongful death suits, and how we can help your family get what it is owed.
What Is Considered Wrongful Death?
If a person dies due to someone else’s negligence or wrongful actions, it can be considered wrongful death. A good rule of thumb is if the victim would have had a personal injury claim if they survived, it can be considered a wrongful death case if they succumb to the injuries.
Wrongful death lawsuits can be filed against individuals, companies, manufacturers, government agencies, and medical professionals.
Common Causes of Wrongful Death
Wrongful death can occur in many different situations. Some of the most common are:
- If someone is intentionally killed. Even when someone is facing criminal charges for murder, the family can still file a civil suit.
- If someone dies because of medical malpractice. This can occur if a doctor fails to diagnose a condition – or misdiagnoses it. It can also happen if the medical professional acted carelessly while providing care, resulting in the person’s death.
- If someone was killed in a car accident due to a driver’s negligence. This can include distracted driving and driving under the influence.
These are just a sample of types of wrongful death cases. If you think your loved one died due to wrongful death, consult a wrongful death attorney to learn if you have a case.
Your Legal Options
If you can prove your loved one died due to someone’s negligence, you can pursue a wrongful death lawsuit against the person who is at fault.
In Florida, the following people can file a lawsuit:
- The deceased’s spouse
- The deceased’s children (minor children are entitled to higher damages than adult children)
- The deceased’s parents
Your wrongful death attorney will help you determine what damages you can seek in the lawsuit. Some examples of compensation you can seek are funeral expenses, medical bills, lost wages, benefits, and other earnings. You may also be able to seek damages for emotional and mental suffering and companionship.