Losing a loved one can be excruciatingly painful, but even more so when someone else’s negligence was the cause. It can be difficult to hold liable parties accountable in the event of a wrongful death, but our lawyers want to help.
The burden of proof for a wrongful death case is lower than a criminal case for murder or manslaughter, but that does not make the litigation process easy. The statute of limitations for a wrongful death is two years, so you will need to take legal action quickly. If you are dealing with a wrongful death case, the lawyers at Ben Crump Law, PLLC can explain the litigation process to you, and advise you on your next steps.
Proving Negligence in a Wrongful Death
In wrongful death cases, the burden of proof is high. Proving negligence in someone’s death will vary for each case, but must show that the person or entity at fault for your loved one’s death was responsible beyond any reasonable doubt. Wrongful death claims happen as a result of:
Car Accidents
If a fatal car accident was caused by the negligence of the at-fault party, wrongful death claims become a viable legal option. The claim would be made on behalf of the person who died by a family member or an estate representative.
Defective Products
Consumers do not expect to become sick, injured, or pass away from buying and using readily available products. When a defective product causes a wrongful death, it is important to hold the manufacturer accountable for it.
Types of defective products that have caused wrongful deaths include:
- Defective auto parts such as tires, brakes, and other auto components that malfunction.
- Consumer products which can include anything from typical household appliances, to power tools, and sports equipment used at home.
- Medical devices such as cardiac equipment, oxygen tanks, and defibrillators are examples of medically necessary equipment that could have malfunctioned.
- Children’s products include toys, furniture, and clothing which may all be considered in this instance.
Work-related Accidents
Employer liability will vary if your loved one died in a work accident but may include things like disregarding safety or training requirements, misuse or malfunction of industrial job-related equipment, working on an unsecured premise, and more.
Medical Malpractice
When medical malpractice leads to death, several causes may be at hand. Here are some medical malpractice examples that can be fatal:
- Your loved one is misdiagnosed, or not diagnosed at all with a fatal condition.
- Your loved one underwent surgery that led to his or her death.
- Your loved one died as a result of birth injuries, while being born or giving birth.
- Medical professionals delayed treatment for your loved one’s care.
- Your loved one was given improper medical advice.
- Medication was wrongfully prescribed, or inadequately prescribed for the severity of your loved one’s condition.
Nursing Home Abuse and Neglect
The decision to send your loved one to a senior care facility to live is not an easy one. A wrongful death claim involving nursing home abuse and neglect will consider state and federal laws surrounding nursing home and senior care facility regulations and requirements, which are strict. Here, you must build a case that shows intentional neglect of your loved one’s thriving care conditions.
If you are dealing with a wrongful death claim, a lawyer who knows about the laws surrounding these cases can be an immense help. Do not wait to consult a Miramar wrongful death lawyer from Ben Crump Law, PLLC, about your case. We do not shy away from tough cases and will work to fight for your rights through a legal settlement or in court. Call Ben Crump Law, PLLC today at (844) 777-4453 to discuss your wrongful death suit.
For a free legal consultation with a wrongful death lawyer serving Miramar, call (844) 777-4453
Recovering Compensation in a Wrongful Death Lawsuit
If your wrongful death case occurred as a result of medical malpractice, your case may be even more difficult to navigate than usual. The United States has a medical malpractice reform in place to “compensate patients who are injured through the negligence of healthcare providers” and to “deter providers” from negligent practices.
After a wrongful death occurs, you will want to consider all options for your claim. The Florida Statutes Section 768.21 details the logistics of how all beneficiaries may file for a legal claim after a wrongful death:
- Survivors “may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”
- Surviving spouses may recover loss for the “decedent’s companionship and protection,” and for “mental pain and suffering.”
- Minor children, and all children of the decedent “if there is no surviving spouse” may make claims for loss of “parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.”
- Parents of deceased minors or adult children may recover compensation for “mental pain and suffering.”
Other financial awards that may be sought include:
- Funeral expenses.
- Medical expenses due to injury or death.
- Loss of earnings of the deceased from the date of the injury, to the date of death.
- Loss of consortium.
This is a non-exhaustive list of claims you may want to make after a wrongful death happens. A Miramar wrongful death lawyer can help you navigate the litigation process with your rights and best interests in mind.
Miramar Wrongful Death Lawyer Near Me (844) 777-4453
Discuss Your Case with a Wrongful Death Attorney Today
If your loved one recently passed away in a wrongful death situation, you do not have to face the litigation process alone. The lawyers at Ben Crump Law, PLLC work on a contingency-fee-basis, so we do not get paid until you get the settlement you deserve.
When you call our wrongful death law firm for a free consultation, you begin building a case that justifies your rights after the loss of a loved one. Call Ben Crump Law, PLLC today at (844) 777-4453.
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