Wrongful Death – Defined and Explained

A wrongful death lawsuit is a legal process in which a victim can recover damages for the death caused by someone else’s actions. The process depends on the circumstances and whether another person or business was to blame. The law is very complex and can involve several parties. If you or a loved one is a victim of a wrongful death, it is vital to understand your options in the event of such an incident.

Injuries That Result In Death

According to a wrongful death attorney Tampa FL, wrongful death occurs when a person is at fault for causing another person’s death. The person at fault can be another person or a company. For instance, the person may be a driver who hit someone with a car or a bartender who served too much alcohol. The person could also be a doctor who failed to diagnose a medical condition or a business owner who failed to maintain a property properly. The person’s surviving family members can file a wrongful death lawsuit in their name or on behalf of the deceased. Wrongful death statutes vary from state to state and often define who can bring a lawsuit and what the maximum amount of damages can be. The wrongful death rate is higher for jobs that involve dangerous manual labor, such as construction work. While this is true, wrongful death cases can also occur outside of work, as in the case of a nurse who was forced to work multiple 12-hour shifts.

Damages That Can Be Recovered In A Wrongful Death Lawsuit

In a wrongful death lawsuit, the surviving family members of the deceased person can recover money for their loss. This compensation can cover funeral and burial expenses and lost wages and benefits. In addition, it can also cover non-economic damages, including mental anguish and loss of companionship and guidance.

The amount of damages that can be recovered depends on the decedent’s age and the survivor’s life expectancy. Children of the deceased can claim compensation for the death of their parents, but not if they were still minors. Adult children can also claim compensation for losing parental guidance or emotional support. Survivors can also recover damages for lost inheritances. However, the damages that can be recovered in a wrongful-death lawsuit are limited. Among the damages that can be recovered in a wrongful-death lawsuit are the lost income and the value of the victim’s household services. Sometimes, the victim’s loved ones may have needed the person to help with child care or even maintain the home. In these cases, the value of these services is calculated and included in the claim made by the victim’s representative.

Liability Of A Defendant

If a person dies due to someone else’s negligence or intentional acts, it can result in a wrongful death lawsuit. It is important to note that a wrongful death lawsuit requires proof of the cause and the circumstances in which the death occurred. Many contributing factors exist, so an attorney will use different tests to prove causation. In addition, the attorney will need to calculate the economic damages, which formula will measure that courts use.

To bring a wrongful-death lawsuit, the plaintiff must establish that the decedent would have received damages from the defendant if they had lived. The plaintiff’s case is then examined in court to determine whether the defendant was responsible for the wrongful death.

Common Causes Of Wrongful Death Lawsuits

There are several common causes of wrongful death lawsuits, and each can have different legal implications. In some instances, the death resulted from medical malpractice, which occurs when a healthcare provider fails to diagnose a life-threatening condition correctly. In such cases, a wrongful death lawsuit may be a viable option. Some of the common causes of wrongful death lawsuits are accidents that happen in the workplace. These accidents can be caused by slips and falls, explosions, or defective equipment. Many of these accidents occur at construction sites, manufacturing plants, and mining locations. In some cases, a negligent employer is responsible for the accident, which could have been avoided if the company had followed safety procedures.

Other common causes of wrongful death lawsuits include motor vehicle accidents and medical malpractice. These accidents happen daily, and thousands of people suffer wrongful deaths. In some cases, medical malpractice can also lead to fatal injuries. For example, medical errors can lead to misdiagnosis, medical equipment malfunctions, and prescription errors.