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In Florida, determining who is liable for wrongful death is crucial for families seeking justice and compensation.
At DWK Law, our Orlando wrongful death lawyers support those navigating these complex legal waters. Keep reading to understand the legal landscape surrounding liability for wrongful death in Florida, ensuring that you are well-informed as you seek accountability and closure. Contact us online or call (407) 244-3000 when you’re ready to start.
Legal Definition and Statutes In Florida, wrongful death claims are governed by the Florida Wrongful Death Act. This act defines wrongful death as a death caused by any wrongful act, negligence, default, or breach of contract or warranty. The law allows certain family members or the deceased’s estate to file a lawsuit against the party responsible for the death.
The specifics of each case ultimately determine who can be held liable. Here are several parties who are commonly liable in wrongful death cases.
In cases where a death results from a car accident, the driver who caused the accident can be held liable along with the owner of the vehicle.. This can be due to drunk driving, distracted driving, speeding, or other negligent behaviors.
Medical malpractice is another common cause of wrongful deaths. If a healthcare professional fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances, they can be held liable. This includes errors in diagnosis, treatment, aftercare, or health management.
If a defective product causes death, the manufacturer, distributor, or retailer can be held liable. Under product liability law, companies are responsible for ensuring their products are safe when used as intended.
Under premises liability, property owners can be liable for wrongful death if it is proven that unsafe conditions on their property caused the death. This includes inadequate maintenance, security failures, or hazardous conditions that were not corrected or marked.
An employer is responsible for the conduct of its employees if the employee is acting with the course and scope of employment. This concept is known as respondeat superior. For example, if a pizza delivery employee is delivering a pizza to a customer and negligently causes an accident, not only is the employee responsible for the harm caused but so is the pizza delivery company who employed the driver. Additionally, in workplace accidents resulting in death, the employer or a third party can be held liable, especially if it is found that they did not follow safety regulations or provide adequate training and safety equipment.
To hold someone liable for wrongful death, you must prove that their negligence or wrongdoing directly caused the death of your loved one. This involves establishing that the defendant owed a duty of care to the deceased, breached that duty, and that this breach directly caused the death, resulting in damages.
It is crucial to act swiftly. In Florida, wrongful death claims must be filed within two years from the date of death, as stipulated by the state’s statute of limitations.
Damages in a wrongful death lawsuit can include medical and funeral expenses, loss of income and support, loss of future earning capacity, loss of companionship, and mental pain and suffering.
Identifying who is liable for wrongful death is the first step in seeking justice for your lost loved one. At DWK Law, we are committed to helping you through this difficult time by offering expert legal guidance and compassionate support.
If you believe a wrongful death has occurred, contact us to discuss your case. Our experienced team is here to ensure that those responsible are held accountable and that you receive the compensation you deserve.
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