Rue Ziffra, PA

A wrongful death lawsuit is a claim that is made by the survivors (heirs and other beneficiaries) of a deceased family member who was involved in an accident. The cause of the accident is typically due to the willful or negligent actions of another party, and the goal is to gain compensation for these actions against that person.

This type of action is separate from criminal charges, and the proceedings of each case do not affect the other. This means that if a defendant is acquitted of murder, they may still be sued in a civil action by the victim’s family for a wrongful death lawsuit.

An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury resulting in death.

Intentional

This type of wrongful death occurs from the fault of another party. It may include causes such as:

• An altercation where one party injures another to the point of death
• The failure to enclose a swimming pool as stated by local law where a child drowns

Unintentional

This type of wrongful death occurs because of the negligence of another party. It may include causes such as:

• A negligent driver causing an automobile accident resulting in another party’s death
• Medical malpractice errors or failure to diagnose a condition
• An employer’s failure to protect workers from work-related incidents

Each state has separate statutes regarding the individual entitled to sue for wrongful death.

In Florida, the statute requires that the Personal Representative of the Estate for the deceased shall bring the claim and recover all damages caused by the death for the benefit of the survivors and estate. A Personal Representative is typically referred to as a “survivor” and may include the deceased’s spouse, children, parents or other blood relatives under certain circumstances.

In situations where no Estate is needed for probate purposes, it is often necessary to open an Estate to accomplish the appointment of a Personal Representative.

»Sovereign Immunity- This is a doctrine that bars filing a lawsuit against the government. Wrongful Death claims against the government can be allowed to go forward as long as the state has waived this doctrine. There is a strict time period for filing these types of cases, however, sometimes only allowing 30 to 90 days before the right is barred.

Responsibility

In order to sue for wrongful death, responsibility must be attributed to the defendant. This means that the defendant’s conduct must have created a direct cause of the deceased’s injuries and death.

Monetary Damages

Under the Florida Wrongful Death Act, compensation is typically awarded to the deceased’s survivors and beneficiaries through the Personal Representative of the Estate.

• Compensatory Damages- This is the most common type of damage awarded for wrongful death cases. It includes giving a sum of money that is necessary to replace a particular loss as a result of another’s negligent conduct.
• Punitive Damages- These are excessive damages awarded to “punish” the defendant for reckless negligence to deter them from acting in the same manner in the future.

Amount of damages

If the plaintiff succeeds in a wrongful death case, the amount of damages awarded may cover:

• Medical expenses
• Funeral expenses
• Mental or emotional pain and suffering
• Lost support and services once provided by the deceased
• Value of accumulated property owned by the deceased

Who can claim damages?

The losses or damages one can claim in a wrongful death case are dependent upon the relationship of the survivor to the deceased. In each instance, compensation is allowed for the actual losses experienced by each survivor.

Typically, the statute of limitations for submitting a wrongful death claim is two years. It may be imperative for the survivors to seek legal attention as soon as possible in order for the claim to be submitted in time.

For a plaintiff to prevail, some of the following important items may be needed to create a presentation that provides a substantial wrongful death case:

Proof of negligence

In order to receive the full benefits of monetary damages, there must be substantial proof that the defendant was acting negligent and that their negligence was a direct cause of the other party’s injury and death.

• This may call for any witness statements if death was caused by an accident seen by others.

Family photos and videos

These can be useful to show the family member throughout many stages of life before their death.

Sentimental items

This can include any item deemed valuable by the plaintiff and their survivors such as cards, writings and certificates of achievement they had in order to show your loss.

In the aftermath of a wrongful death, survivors of the deceased may experience a time of emotional grief and financial suffering. Often, trying to deal with the added responsibility of seeking relief for another’s negligence can be overwhelming.

The attorneys knowledgeable in the laws governing wrongful death cases at Rue & Ziffra, P.A. can help ascertain whether the claim would have merit and what categories of compensation would be permitted under the law. They can work through all of the important issues of preserving evidence, identifying all the responsible parties and creating a substantial case so that the survivors have a chance of obtaining the restitution they deserve.