Baron & Herskowitz represent individuals and families whose loved ones are killed by negligence. If you believe that your spouse, mother or father, child, or other family member was wrongfully killed as a result of another person or company’s negligence, you should contact our law office for help. Early investigation and prompt preservation of evidence are critical in wrongful death claims. Contact us as soon as possible so we can evaluate the details of your case and start the investigation.
Who is Eligible to Sue?
According to the Florida Wrongful Death Act, the survivors of a person who is wrongfully killed may be eligible to sue for damages. Survivors include the spouse, children, parents, and any other blood relatives and/or adoptive brothers and sisters. A child born out of wedlock of the father is not eligible unless the father supports the child.
Proving Liability in Wrongful Death Claims
In order to sue for wrongful death, the surviving family member(s) must be able to prove that the defendant’s actions (or lack of) were the main cause of injury and death. Examples of scenarios in which a person or company may be liable for a person’s injuries and death include:
- An auto accident or bicycle related accident caused by negligence such as texting or talking on a hand held cell phone while driving.
- A motor vehicle accident caused by drunk driving.
- A trucking accident caused by truck driver fatigue (in these cases, the truck driver’s employer may also be found negligent if he or she imposed unreasonable deadlines, forcing the truck driver to drive with little or no sleep).
- Boating accident caused by another driver’s negligence or reckless behavior.
- Medical mistakes that lead to death such as a failed cancer diagnosis or the perforation of a vital organ during surgery.
- Nursing home abuse or negligence such as failure to administer the proper medication or failure to recognize symptoms of an emergency situation such as a heart attack.
- Defective or unsafe products such as defective medications or faulty car parts.
According to Florida law, the surviving family members may seek compensation for the following damages when wrongful death occurs:
- The lost financial support and services from the time of injury to the time of his or her death.
- Future loss of support and services.
- A surviving spouse may also seek compensation for his or her loss of companionship and protection as well as his or her emotional pain and suffering.
- Children that are minors as well as older children if there is no surviving spouse may seek compensation for loss of parental companionship, instruction and guidance as well as emotional pain and suffering.
- Parents may seek compensation for mental pain and suffering if their children are wrongfully killed.
Many variables are considered when determining the amount of damages to be awarded in a wrongful death case. It is crucial to work with an attorney who has experience in these specific types of claims to ensure you recover the maximum amount of compensation possible.
At Baron & Herskowitz, we have extensive experience handling catastrophic injury and wrongful death cases. We recognize the devastation a family goes through when they lose a loved one, especially under preventable circumstances. To schedule a consultation, please contact our firm today. We represent individuals and families in Miami and throughout the state of Florida.