Understanding Wrongful Death and Legal Action
No matter the circumstances, death is a tragic event for all those close to the decedent. The tragedy hits closer to home for the families and children of the decedent. Plus, the tragedy could be further magnified if the loved one’s death was caused by the fault of another person or event.
The term “wrongful death” is used to describe the legal action taken by the child or close family member of a decedent who passed as a result of the “legal fault” of another. In these circumstances, those closest to the decent have a legal right – per Florida Statute 768.21 – to recover compensation for their loss. A claimant has only two years in the state of Florida to make a wrongful death claim.
Who Can Recover from a Wrongful Death Action?
Wrongful death actions depend on the nature of the relationship between the deceased and the person bringing the action. Most often, wrongful death lawsuits can be brought by spouses, children, parents, and potentially other relatives or close companions that would have relied on the decedent for significant financial or emotional support.
Proving a Death Was Caused by Another
A wrongful death action is predicated on the fact that the death was caused by the legal fault of another. This means that the person who caused the death must have acted with negligence – that they knew or should have known that an action or omission could have caused the death of the decedent.
In order to prove negligence, a wrongful death plaintiff would have to show 1) that the person owed the decedent a duty of care; 2) that the person breached that duty of care by some action or omission that ordinarily should not have occurred; and 3) that the act or omission caused the decedent’s death.
Common Accidents That Cause a Wrongful Death
There are certain accidents that are common wrongful death claims and lawsuits. If your loved one was involved in any of the following accidents that caused their death, you may consider seeking compensation against the at-fault party:
- Medical malpractice
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Construction Defect/Premises liability
- Product Liability
Speak with an Elite Wrongful Death Attorney in Miami at CTL
Oftentimes, the best way to determine whether you can make a claim for wrongful death against an at-fault party, is to speak to an experienced Miami wrongful death attorney. The attorneys at CTL have the skills, compassion, and expertise to help you and your family through tragedy and to passionately seek compensation for your loss. Call Clayton Trial Lawyers today for a free consultation to understand your legal rights.