Wrongful death can be defined as someone dying as a result from medical malpractice, someone being negligent, or a failure by an individual to act or prevent the cause of death. This is a very painful time for the immediate family, as they are the ones who get stuck with the expenses that come with such a tragedy, and they did nothing to deserve it.
Who is entitled?
As stated in the Florida Wrongful Death statute, all “survivors” means the decedent’s children, spouse, parents, and, whomever blood or adopted relatives that are dependent on the decedent for support.
What are you entitled to?
If death had not ensued and the person injured had been entitled to damages resulting from negligence, wrongful act, or breach of contract, the responsible party is held liable and any damages that would have been given to the injured party is now entitled to the surviving party.
- Each survivor may recover the value of lost support and services lost from the time of death, with interest, as well as any future losses of support and services.
- The surviving spouse may be entitled to things like loss of companionship, protection, and mental pain and suffering.
- The surviving children may be entitled to loss of parental companionship, guidance, instruction, as well as mental pain and suffering.
- The surviving parents may be entitled to pain and suffering.
- All medical and funeral expenses may be recovered by the survivor who initially covered the costs.
There are many different ways a wrongful death can happen, but here are some of the most common examples:
Medical Malpractice
There are a number of different scenarios in which you may be entitled to a wrongful death claim when it comes to medical malpractice. Someone can die due to inadequate medical service such as having the wrong prescriptions prescribed to the patient. This also goes hand-in-hand with a doctor misdiagnosing the patient, or even delaying the diagnosis long enough to where it was too late to provide the proper medical treatment. Inaction by one of the nurses can also be considered grounds to a wrongful death claim, as this is an act of negligence that, if corrected, may have led to the patient surviving what could have been a treatable illness.
Automotive Accidents
It is the responsibility of any driver to pay attention on the road, as well as only drive under the proper conditions. Some examples of negligent driving are getting in a wreck while talking on the cell phone. Doing so diverts their attention from the road, road signs, and even traffic lights, which can easily lead to a fatal car crash. Auto accidents are one of the leading causes of wrongful death. Another example of an automotive accident that can result in a wrongful death claim is driving while under the influence. Driving drunk is negligent in itself, therefore easily giving someone a right to a claim if their loved one was fatally injured.
Defective Products
Each year, there are thousands of people who are injured as a result of defective toys, defective power tools, and a number of other products. It is the responsibility of the manufacturer to inspect each product for quality control to ensure safety among its consumers.
Accidents in the Workplace
If a loved one was put into dangerous conditions by their employer which resulted in death, you are most likely entitled to a wrongful death claim. It is, again, the responsibility of the person in charge to make sure they are not endangering anyone working for them. They should always make sure their employees are provided proper safety gear or equipment to help them safely execute the job.
If any of this has happened to you or a loved one, it is very important that you be represented by someone who is going to restitute your damages to the fullest. Contact your Tampa Wrongful Death Attorney today to get a free consultation so that you can go about living your life. (727) 347-7737