For those who have lost a loved one due to negligence in the South Florida area, there can be no replacing that person. However, you and your family may be able to receive compensation, in order to assist with the various costs, bills, and stress associated with such a tragedy. Hannon Legal Group can can provide you with top Miami wrongful death attorneys to ensure financial security during this impossible time.
Wrongful Death Claims: A History
Wrongful death as a legal idea has its origins in British common law, specifically Lord Campbell’s Act, passed by Parliament in 1846. In the United States, each state has its own statute. Florida’s wrongful death statute reads as such:
When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.
Filing a Wrongful Death Claim
A Florida wrongful death claim is brought by the surviving family members of a deceased individual who was killed as the result of another person’s negligent, reckless or intentional act. Our lawyers can pursue a Florida claim, depending on the facts, on behalf of the spouse, parents, children, brothers and sisters, grandparents, and grandchildren of the deceased. The trial attorneys at Hannon Legal Group handle wrongful death cases all over the state of Florida.
Types of Wrongful Death Claims
Wrongful death claims typically arise from:
Every year in excess of 300,000 lives are lost because of vehicle mishaps, and innumerable more face a long recuperation. After such mishaps, harmed drivers, travelers and families are left to battle with hospital expenses or potentially decreased family earnings.
- Reckless Endangerment
- Road issues, such as missing street signs or damaged pavement
- Mechanical Issues
Ordinarily, these kinds of mishaps are caused when drivers neglect to pay heed to other drivers— basically checking before moving to another lane. This is a form of negligence, which can leave the party liable to legal action.
Luckily, most specialists and medical attendants are great at their occupations; be that as it may, there are cases in which terrible accidents happen. Whenever specialists and medical caretakers cut corners or neglect to pursue legitimate methodology, individuals are vulnerable to the worst.
Accidents at Work
Businesses have an obligation to protect their representatives while they are working—as spread out and implemented by OSHA. Instances of working environment unfair passing cases can include mishaps from any industry, including:
Much of the time, the family will be qualified for death benefits through their express’ specialists’ comp framework, however in some tight conditions, the family might have the capacity to sue for carelessness.
Approximately 4,600 specialists are executed in the working environment every year across the nation.
After the conclusion of the criminal case associated with a murder, a wrongful death lawsuit is often filed. Even if the defendant has not been convicted in a criminal case, the surviving family members can bring an incorrect death lawsuit.
Wrongful Death Compensation
There are two main groups of damages: economic and non-economic. Within the group of economic damages, there are two different types of categories, based on time periods.
The first category allows for the recovery of the damage suffered by the deceased from the moment of the negligent act causing the death until the death of the deceased. For example, in the case of a car accident, this would cover the period from the occurrence of the crash to the eventual death of the deceased due to injuries to the accident. That could happen weeks or hours after the accident. The special damage in this category may include medical expenses, the mental and physical pain and suffering of the deceased, the lost wages of the deceased and the burial and funeral costs.
The second category covers the losses suffered by the surviving family after the death of the deceased. This class of damages is intended to compensate survivors of the family for their financial loss. The laws of the different states indicate that these damages are generally intended to replace the value of money that would have been earned by the deceased if it were not for premature death. It includes the lost wages earned until the expected retirement of the deceased.
Non-economic damages refer to what is known in legal terms as ‘loss of consortium’ — the loss of the love, care, or companionship of said loved one, and the mental pain and distress associated with such a terrible loss. Despite the intangibility of these damages, they often are considered more valuable.
A Word on Wrongful Death Claims
Families depend on these settlements to pay doctor’s visit expenses, memorial service costs and missed pay. All things considered, improper passing claims are not by any means about getting pay since legitimate activities like this are additionally intended to hold people, organizations or managers responsible for their activities.
How We Can Help
At Hannon Legal Group, we understand that no amount of money can compensate for the loss of a loved one. However, the law provides for compensation in these tragic cases. It is important to know that the law does limit the time within which you must file your wrongful death lawsuit. If a claim is not timely filed, your legal rights will be permanently lost.
If a loved one has been killed as the result of the negligent, careless, reckless or intentional conduct of another person, a corporation or other entity, contact us today to for a free consultation about your case.