Wrongful Death Claims in Florida: Causes, Damages, and Legal Nuances
In this article, you can discover:
- Common causes like negligence, accidents, and malpractice.
- The impact of pre-existing conditions on claims, including the “eggshell doctrine.”
- How damages are calculated in a wrongful death claim.
What Situations Commonly Result In A Wrongful Death Claim In Florida?
In Florida, wrongful death claims often arise from situations where an individual’s death is caused by the negligence or wrongdoing of another. Such instances can be the result of auto accidents, medical malpractice, product liability, and more.
Can You File A Wrongful Death Claim With A Pre-existing Medical Condition?
Even if the deceased person had a pre-existing medical condition, a claim can still be pursued. The plaintiff can recover for the percentage of fault attributed to the negligent party. Interestingly, the “eggshell doctrine” maintains that defendants must deal with plaintiffs as they find them. This means defendants cannot argue that a plaintiff was more susceptible to injury or death due to pre-existing conditions.
How Are Damages Calculated Differently In Wrongful Death Cases Compared To Other Personal Injury Cases In Florida?
While the method of calculating damages remains largely consistent with other personal injury cases, in wrongful death cases, loved ones or plaintiffs can also seek compensation for their economic losses. This includes costs related to the care and treatment of the deceased before their passing. Additionally, they can claim for pain and suffering projected over the remaining years of their lives, based on life expectancy charts.
What Responsibilities Does A Personal Representative Hold In A Florida Wrongful Death Case?
In Florida wrongful death cases, the personal representative of an established estate has the authority to initiate legal actions and make decisions on behalf of all the estate’s beneficiaries.
How Are Emotional And Financial Losses Measured In A Wrongful Death Lawsuit?
The non-economic damages, which refer to the emotional and financial losses of the survivors, are often the most significant damages in a wrongful death case. The amount is determined by either a judge or jury, considering the remainder of the surviving loved ones’ lives using life expectancy charts.
How Does The Settlement Process In Florida Wrongful Death Cases Compare To Other Personal Injury Cases?
The settlement procedure in wrongful death cases parallels that of other personal injury cases, with the primary focus being on the damages incurred.
Is A Claim Valid If The Wrongful Death Incident Happened Outside Florida Involving A Florida Resident?
Typically, if the incident leading to the wrongful death happened outside of Florida, the claim should be filed in the specific state and county where the negligence occurred.
Why Is Preserving Evidence Crucial In A Florida Wrongful Death Lawsuit?
Evidence preservation is critical in wrongful death cases, just as in any other legal matter. It’s vital for plaintiffs to retain as much evidence and documentation as feasible to strengthen their case.
Do Florida Wrongful Death Claims Factor In The Emotional Distress Of Surviving Family Members?
The emotional distress and pain experienced by the surviving family members are indeed considered in Florida wrongful death claims.
What Challenges Can Arise In A Wrongful Death Case? How Can An Experienced Florida Attorney Assist?
Wrongful death cases, like any litigation seeking compensation from an insurance company due to another’s negligence, are fraught with legal and strategic intricacies. Insurance companies are rarely on the claimant’s side. Thus, having a knowledgeable and adept attorney is indispensable. They bring their expertise to the table, effectively countering the tactics of large insurance corporations.