When a loved one dies unexpectedly, the remaining family members can be left dealing with a wealth of emotion. From guilt to anxiety to depression, family members are forced to deal with turmoil in the aftermath. While the family may be emotional over the loss of their loved one, their thoughts may also turn to how they will support themselves. This is especially true if the person who was killed brought in the majority of the income for the family.
The surviving spouse and children of the decedent may choose to file a wrongful death lawsuit to seek compensation for their loss. While the family may be hesitant to file a lawsuit because that’s what “other people” do, it is a valid and legal way to seek remedy for the death. A personal injury attorney will not accept a frivolous lawsuit that they can’t win. It’s important to understand that a civil suit is not something that “other people” do, but a way to alleviate some of the financial concerns a family is experiencing and get justice.
While a wrongful death lawsuit can be filed for a variety of reasons, there are some that are more common than others. Here are some of them.
One of the most common reasons that families file a wrongful death lawsuit is a vehicle collision. This is especially true when the at-fault driver was drunk, distracted or otherwise grossly negligent. In order to win a civil lawsuit following a car accident, the family must be able to prove that the at-fault driver was negligent in some way, that the decedent was injured in the accident, and that those injuries directly led to the death of their loved one.
People have the right to walk where they want to go. They also have the right to walk for pleasure or exercise. When a vehicle driver fails to see a pedestrian and strikes them, causing injuries that prove deadly, the surviving family members may choose to seek compensation for that death. Like in any other vehicle collision, the family must be able to prove that the injuries suffered by their family member were caused by the driver’s negligence and that those injuries led to their loved one’s death.
When you purchase a product, either for yourself or as a gift, you have an expectation that it will work as advertised. When a product fails due to a defect or mistake made during the manufacturing process, the user could be injured. Those injuries could be so serious that they lead to death. When this occurs, the manufacturer may be held liable for their product’s malfunction.
People put their trust into medical professionals every day. We visit doctors and nurses with an expectation of care. When a medical professional fails to provide the accepted standard of care and a person dies as a result, a wrongful death lawsuit may be filed. To win a civil lawsuit, the family must be able to establish that there was a relationship between the doctor and the decedent, that the doctor failed to perform their duties to the accepted standard of care, that injuries resulted as a result of that negligence, and that those injuries were so severe they led to a death.
When a person is hurt on the job, they have the right to file for workers’ compensation. When those injuries are the kind that lead to death, the family left behind may have the right to file a wrongful death suit. Not all on-the-job deaths will be considered wrongful death. Someone must have behaved in a reckless or negligent way in order for this type of case to be successful. For example, if a supervisor or owner was made aware of a problem with a piece of machinery and failed to have it repaired or replaced, and your loved one was killed in an accident involving that machine, you may have a successful lawsuit.
No one wants to lose a loved one, but the impact can be more negative than usual when the death is unexpected or due to an accident. In these cases, the family may choose to file a wrongful death lawsuit against the responsible party in order to be compensated for their loss. This is the family’s legal right.
Whether your loved one has been killed in a car accident, in a boating accident or in a vehicle accident, we are here for you. No matter what type of accident occurred in Miami, if it took the life of your loved one, you may have the right to be compensated for that loss. Reach out to our office today to arrange your free, no-obligation case evaluation. We will review the details surrounding the death of your loved one and advise you if you have the elements necessary for a successful case.