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Negligence Death in Florida: How to Take Legal Action

Published at November 25, 2020 by administrator.

There are a lot of ways that someone you love could die. Medical conditions, motor vehicle crashes, falls, and murder is death types in the United States. When an accidental death results from a person or company being specifically negligent, then legal charges and financial repercussions are possible. Negligence death in Florida is handled very similarly to other states throughout the country.

Even if local authorities do not file a criminal case, a family member can induce a civil lawsuit. It is highly recommended for the estate of the deceased person to have a lawyer who is well versed in how to take legal action within the Florida statutes.

What is a Negligence Death?

Statutes section 768.19 defines negligence death as, “When a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person or some other entity.”

It is not necessarily a criminal act when negligence has taken place and resulted in someone’s death. The negligence was often unintentional, although it still meets the legal requirements for neglect and can be subject to a civil lawsuit and settlement.

Examples of negligence in death include:

  • Automobile Accidents
  • Seatbelt Malfunctions
  • Airbag Failure
  • Nursing Home Death
  • Medical Malpractice
  • Prescription Drug Death
  • Defective Products
  • Industrial Accidents

A lawyer can help you prove that the deceased would not have died if it had not been for the other party’s negligence. Every case is different from many specific legal issues; therefore, it is essential to have a law firm with a history representing negligence cases.

Should You Take Legal Action?

Lawsuit paperwork with glasses and a pen on top of it.
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If it was an accident that took the life of your loved one, you might be wondering if you should take legal action at all. Recovered damages due to a civil lawsuit can be very beneficial to loved ones to cover medical costs and lost earnings. If the negligence of another party caused a loved one’s death, then it is entirely appropriate to seek a civil lawsuit in the case.

Some items that covered in the negligence of death in the Florida lawsuit include:

  • Medical Expenses
  • Loss of Wages
  • Future Earnings
  • Loss of Support
  • Loss of Companionship
  • Financial Support for Children

Negligent death settlements are intended to benefit the people involved and do not satisfy other debts from the deceased. The only exception is the specific medical costs associated with the accident.

What You Can Do if You Think You Have a Negligence Death in Florida Case

You should gather as much information early on after death. The process may be challenging amid your grief and beneficial if a civil case later on filed. Proving a wrongful or negligent death can be very difficult, so you will want all the proof you can find.

There are four critical aspects that a judge will consider in a negligent death case. These items are all areas that you should save information from even before you have decided if you want to hire a lawyer and file a lawsuit.

1.Breach of Duty – The defendant owed a duty to the victim that was not maintained. Example: A driver obeying traffic laws before a car accident.

2.Causation – Prove how the negligence of the defendant caused the death of your loved one. Example: Their car hit your loved one’s car.

3.Damages – Quantifiable damages such as hospital bills, burial costs, loss of income, pain, and suffering.

4. Negligence – The death was caused in part or whole by carelessness, negligence, or recklessness by the defendant.

Keeping a folder with all bills associated with your loved one’s death can be very helpful. Include any insurance information and payments for cars or medical bills. Path income information to prove your loved one was providing for the family. In general, keep as much information as possible when it relates to the accident and bring it with you when sitting down for a consultation with your lawyer.

When to Hire a Lawyer

A man and a woman shaking hands in a lawyer’s office with a gavel and books on the table.
Photo via Shutterstock

When someone close to you dies, that is a very overwhelming event to deal with. If you believe there was negligence involved in that death, the emotions can be debilitating. We understand that it may take time for you to reach out to get help, but we encourage you to do so as early as possible. We are here to help you and take some of the mental pressure off during an investigation in the days and months following the death.

With Stafford Law Firm, you will have a partner in your legal battle. The pressure of trying to figure out what you have to do throughout the complex legal process of a negligence death in a Florida case will be relieved. Contact us today for a free consultation! We welcome the chance to meet with you and give you our full attention to determine your legal case’s best path.We are open Monday – Friday from 9 am to 5 pm.

You can reach us by calling (561) 540-4533 or visiting us at 2290 10th Avenue North, Suite 302, Lake Worth, Florida 33461

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