Losing someone you love can be incredibly distressing, especially if it’s due to another’s negligence and harmful actions. While the common reaction to this issue is to sue, many people are unaware when a wrongful death lawsuit applies. For this, you can hire a Boca Raton wrongful death lawyer to guide you through the processes. However, it still helps to have an idea of the basics first.
In this article, we’ll explain the different circumstances under which you can legally sue for wrongful death in Boca Raton, Florida.
What is a Wrongful Death Lawsuit?
A wrongful death claim is a civil action one must take when a family member or loved one dies. This claim strictly applies to sudden deaths typically caused by intentional harm or negligence of other parties. However, someone dying of natural causes, a pre-existing medical condition, or self-harm won’t constitute a wrongful death.
In a wrongful death claim, the surviving family members typically file a lawsuit against the person or company they believe is responsible for the death. To succeed in such a claim, the family must prove who is responsible for the death and seek financial compensation for their loss. Furthermore, the amount of compensation granted is usually dependent on several factors:
- Medical bills received while the deceased was alive
- Funeral expenses after the person’s death
- Emotional loss of companionship
- Financial loss of the deceased’s lifetime income
- Suffering experienced by the deceased while alive
When Can You Sue for a Wrongful Death?
In Florida, the statute of limitations for issuing a wrongful death claim is two years. If you fail to file the claim within this time limit, you’ll lose your right to seek compensation for the death of your loved one. For more specific circumstances, here are a few instances where a person’s death is eligible for a wrongful death claim:
- Fatal Car Accidents
Car accidents are one of the main causes of wrongful death claims in Florida. These accidents usually derive from distracted driving, speeding, or driving under the effect of alcohol or drugs. While car accidents like these aren’t done with harmful intent, it’s still negligence on the driver’s behalf. So, this may very well be considered a wrongful death case.
In cases like these, you’ll need to prove the driver’s negligence before receiving any compensation. This may involve gathering evidence such as witness statements, police reports, and medical records.
- Fatal Work-Related Accidents
Everyone knows that there are some types of jobs that are more dangerous than others. While there’s no risk in working behind a desk or in a restaurant, the same can’t be said for industrial settings. Wrongful deaths from these jobs usually occur because of unsafe working conditions, lack of proper safety equipment, or employer negligence.
Employers are held legally responsible for maintaining a safe working environment for their employees. So, if there’s any indication of unsafe conditions that lead to your loved one’s death, you may have a case on your hands. However, you’ll need to investigate the circumstances of the accident and find evidence of safety regulations being violated.
- Medical Malpractice
Medical malpractice refers to instances where healthcare professionals fail to meet the expected level of care their patients need. This usually happens because they make errors and oversights in their diagnosis, treatment, and health management. More often than not, these errors result in the patient’s injury and, in severe cases, death.
For cases like these, you’ll need to determine the standard of care at the medical facility and whether it was breached. This involves reviewing the medical records of the deceased, including test results, medication records, and surgical notes. You can also consult medical experts for insights and determine whether malpractice occurred.
- Defective Products
When a product is defective, it’s unreasonably dangerous for its intended use and risks harm to consumers. There are three main types of product defects that could lead to wrongful deaths:
- Design Defects: When a product is innately dangerous because of a design flaw. So, even if the product is manufactured and used correctly, it will still pose injurious harm to the user.
- Manufacturing Defects: These defects materialize during the manufacturing process of a specific product. A manufacturing defect implies that other products of the same design are not harmful.
- Marketing Defects: This defect stems from the user of the product not being given proper information on how to use it. In some cases, this can result in a fatal accident.
Manufacturers, distributors, and retailers are entirely accountable for defective products. Whether intentional or negligent, they can be held responsible for the harm they caused.
Conclusion
It’s imperative that you understand the circumstances under which you can sue a person or company for wrongful death in Boca Raton, Florida. However, proving fault won’t be an easy task. Whether the death was caused by a car accident, medical malpractice, or safety violations, you must seek out a wrongful death lawyer. They’ll help you understand elaborate legal processes and gain justice for your loved one.
