Everything You Need To Know About Wrongful Death Lawsuits In Florida

January 7, 2023

Surviving family members file wrongful death lawsuits after a fatal accident.

Wrongful death lawsuits can be filed against any party deemed liable for creating a dangerous or defective situation resulting in a fatality. The circumstances of every wrongful death lawsuit are unique, which means adjustments may need to be made to suit the particular case.

Remedies in Wrongful Death Lawsuits:

In wrongful death lawsuits, the financial compensation received by the surviving family members is meant to cover as many of their financial needs and challenges as possible. This includes any economic damages from the fatality, such as lost wages or future earnings. It also includes non-economic damages, such as pain and suffering. Certain expenses can also be added to a wrongful death claim if it is determined that the decedent was dependent on the responsible party for some support at the time of his death.

Typically, the plaintiff(s) in a wrongful death lawsuit will seek damages for the decedent’s life expectancy, and for that, they will need to file a wrongful death lawsuit. This might be 50 years or significantly lower if the decedent was either very young or very old at his death. The goal in filing a wrongful death lawsuit is to obtain the compensation that can help the family move forward in their life, and a set amount of money that can provide consistency is the best way to accomplish this task.

Causes of Action in Wrongful Death Lawsuits:

The four primary causes of action involved in wrongful death lawsuits are all classified as subcategories of negligence, meaning that a negligent party is responsible for the fatal accident and subsequent damages. These four particular causes of action include:

Negligence Caused by an Individual – This cause of action focuses on individual actors working together to create a dangerous situation.

Negligence Caused by a Corporation – This cause of action focuses on a corporation that created an inherently dangerous situation. For example, suppose a corporation manufactured an object without taking due care during manufacturing. In that case, that could result in accidents when people use the object, such as a table with sharp edges or an electrical cord with fraying wires.

Negligence Caused by a Government Body – This cause of action focuses on the City of Jacksonville, Duval County, or another state/ local government entity. For negligence to be considered in this case, there must be clear evidence that the government body had been warned about the dangerous situation and failed to take action.

Negligence Caused by Another Person – This cause of action focuses on a third-party driver who caused the accident. The driver may have been driving under the influence, improperly, or unsafely.

Legal Representatives in Wrongful Death Lawsuits:

As wrongful death lawsuits usually involve a significant amount of money, they are typically handled by experienced attorneys with an excellent track record in winning these complex cases. These lawyers specialize in personal injury law and may have even worked in that particular area of the law for decades before being hired as counsel for one family or another. They know how to make big corporations pay out large settlements and jury awards to their clients.

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