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Wrongful death is devastating in part because your loved one’s death was sudden and unexpected. Wrongful death can happen because of a simple accident, someone else’s gross negligence, or someone else’s intentional actions. While money doesn’t bring your deceased loved one back, Florida’s wrongful death statute allows certain family members to recover compensation after losing a loved one. The compensation helps the family with medical, burial, and other expenses.
If your loved one suffered a wrongful death in North Port, please call Boohoff Law. We want to help you and your family.
There is a limited time during which you can file a wrongful death lawsuit. In most situations, you have up to four years to file a wrongful death lawsuit. If the death was a result of medical error, you have up to two years to file a medical malpractice claim in court. However, many insurance companies require you to file a claim much sooner. Even though you are dealing with the stress of losing a loved one, you should contact an experienced wrongful death attorney as soon as possible.
Survivors are entitled to recover loss of services and support from the time the deceased person suffered the injury until their death. Survivors may also recover future loss of support and services from the date of death; however, compensation for future losses are reduced to the present value of those services and support. Lawyers and insurance companies base the amount you might recover for future loss of support and services in part on when that person’s minor child will reach the age of majority or, in the case of a spouse, the deceased person’s and their spouse’s life expectancy. Spouses may also receive compensation—from the date of the injury that took the deceased person’s life—for loss of companionship and pain and suffering. Adult children or parents of a deceased child may also recover compensation if the case is not a medical malpractice case, and the decedent had no spouse at the time of their death.
Wrongful death settlements and lawsuits are usually complicated. Insurance companies will always try to downplay their client’s fault. An experienced wrongful death attorney knows all of the “tricks” insurance companies and other lawyers use to pay out much less than the claim is worth. When you get Boohoff Law on your side, you won’t get stuck with a low settlement by trying to settle your case yourself.
A person may be a victim of wrongful death due to another person’s or business’ negligence or intentional actions. Even if the deceased person lived for a short while after the accident, but succumbed to injuries caused by those actions, the death is wrongful. Several circumstances may warrant a wrongful death case.
Many types of traffic accidents can cause wrongful death, whether they involve two cars, a vehicle and a pedestrian, a big rig and a smaller vehicle or pedestrian, or a larger vehicle and a motorcycle. Sometimes a single-vehicle accident can cause a wrongful death if a defective part in the vehicle caused the accident that led to the death. If an accident was just that—an accident—the victim’s family might not be able to recover compensation in a wrongful death lawsuit. However, if the defendant’s negligence caused the accident, the family might recover compensation.
When a patient dies because a doctor or medical facility was grossly negligent, such as operating on the wrong body part or leaving surgical equipment in a patient’s body, and that mistake causes the patient’s death, their family is potentially eligible to file a wrongful death medical malpractice lawsuit.
When you go to work, you like to think that you are safe from harm. The Occupational Safety and Health Administration (OSHA) and various other federal and state agencies have regulations in place that are meant to keep employees safe. However, some employers ignore those regulations to save money. For example, a man works in a grain elevator. He is supposed to wear a safety harness according to OSHA regulations because he is working high off the ground. His employer has safety harnesses, but they are out of date and his harness is frayed and coming apart. The harness gives way and he falls to his death. His spouse and children might recover compensation from his employer for the loss of their spouse/parent. A workplace accident may also cause an illness that leads to the worker’s death. For example, a worker is exposed to hazardous chemicals on the job and her employer refuses to provide the proper breathing apparatus. She develops lung problems that eventually lead to her death. Her family might receive compensation from her employer in a wrongful death lawsuit.
Property owners have a duty to keep their property safe for visitors, especially business owners. If not, and a visitor suffers injuries that eventually kill them or if an accident kills them immediately, their family may be able to hold the property owner responsible for that death. For example, a woman is shopping, and the store’s parking lot does not have proper lighting and is not cleared of ice. She slips and falls and hits her head so hard that she dies from brain injuries. The store’s owner is potentially liable for her death since he did not keep his parking lot safe. Other premises liability examples include swimming pool drownings or even criminal acts that a store or restaurant failed to prevent.
Overdoses from illegal substances may be grounds for a wrongful death lawsuit in some instances. And when a doctor prescribes the wrong medication or a pharmacist fills the wrong prescription or gives erroneous instructions for how to take a drug and the error leads to death, that person’s family might have grounds to file a wrongful death lawsuit.
If someone drowns in a pool and the pool was not adequately secured, their family might be able to recover compensation in a wrongful death lawsuit. If a pool owner, whether it’s a public pool or a private pool, doesn’t maintain the pool and someone dies as a result, their family can bring a wrongful death case. For example, if a pool’s suction drain does not have a cover and someone gets stuck in the drain and drowns, the owner might face a wrongful death lawsuit.
If a boat operator or owner causes an accident by handling the boat negligently or by ignoring weather reports before setting sail, or if the boat owner or operator does not provide passengers with the proper safety devices, they might face liability in a wrongful death lawsuit.
If you believe a loved one died as a result of someone else’s negligence, contact Boohoff Law at (877) 999-9999 to schedule a free consultation. We want to see you and your family find the justice you deserve.
Boohoff Law North Port 14900 Tamiami Trail North Port, FL 34287 (941)-888-0848
2200 6th Avenue, Suite 768
Seattle, WA 98121