Types of wrongful death cases in Florida

The sudden loss of a loved one is devastating, especially when it occurs under circumstances that could have been prevented. In Florida, when a death results from the negligence or misconduct of another person or entity, the surviving family members may have the right to file a wrongful death lawsuit. Keep reading to learn the different types of wrongful death cases in Florida, as discussed by our skilled Orlando wrongful death lawyers.

What constitutes a wrongful death case in Florida?

In Florida, a wrongful death is defined as a death caused by any wrongful act, negligence, default, or breach of contract or warranty (Florida Statutes § 768.19). Under this statute, if the deceased could have pursued a personal injury claim had they survived, their estate or surviving family members could pursue a wrongful death claim. Understanding the specific types of wrongful death cases can help families determine if they might have a claim.

Common types of wrongful death cases

Motor vehicle accidents

One of the most frequent causes of wrongful deaths is motor vehicle accidents, which can involve cars, motorcycles, trucks, and even pedestrians. These cases often arise from negligence, such as speeding, drunk driving, distracted driving, or other violations of traffic laws.

Medical malpractice

When doctors, nurses, or other healthcare providers fail to meet the standard of care required in their profession, and this failure results in a patient’s death, a wrongful death claim can be filed. Common examples of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, and errors in medication or dosage.

Product liability

Manufacturers, distributors, and retailers can be held accountable if a defective product causes death. These claims can stem from defective vehicle parts, unsafe children’s products, faulty medical devices, or any product that fails to perform safely when used.

Premises liability

Property owners must ensure their premises are reasonably safe. If someone dies due to unsafe conditions on someone else’s property—such as slip-and-fall accidents, inadequate security leading to assault, or structural collapses—the property owner can be held liable.

The legal framework for wrongful death claims in Florida

Florida’s Wrongful Death Act (Florida Statutes § 768.21) outlines who may file a claim, the types of damages that may be recovered, and the time limits for filing a claim. Typically, the personal representative of the deceased’s estate files the claim on behalf of the surviving family members, which can include spouses, children, and sometimes extended family, depending on the circumstances.

Seeking justice and compensation

In any wrongful death case, the burden of proof lies with the plaintiff to establish that the defendant’s negligence or wrongdoing directly caused their loved one’s death. This often requires thorough investigation, expert testimony, and a clear understanding of Florida law.

Why legal assistance is crucial

Given the complexities involved in these cases, coupled with the emotional challenges of dealing with a loved one’s death, seeking experienced legal representation is crucial. A knowledgeable attorney can provide the necessary resources to build a strong case, negotiate with insurance companies, and represent the family’s interests in court.

Did you lose a loved one in an incident that wasn’t their fault? We can help.

Navigating the aftermath of a loved one’s death is challenging, especially when it comes to understanding the legal options available. By recognizing the types of wrongful death cases in Florida and understanding the legal framework, families can take the first step towards seeking the justice and compensation they deserve.

If you believe the negligence or misconduct of another caused your loved one’s death, it is advisable to consult with a skilled wrongful death attorney who can guide you through this difficult process. Contact us online or call (407) 244-3000 to schedule your consultation.