Wrongful Death
A wrongful death situation usually arises from an accidental death caused by another person’s carelessness or negligence. A wrongful death claim may be brought against any one or any entity responsible for the death of a loved one. Examples include:
Vehicle accidents – automobile, truck, motorcycle, pedestrian and bicycle accidents
Boating and other watercraft accidents
Slip and falls
Drowning
Construction accidents and OSHA violations
Defective and dangerous products, including pharmaceuticals
Medical Malpractice by a doctor, medical facility or other medical worker
Animal attacks
Deaths as a result of criminal activity or through any violent action causing death, In a death caused by the negligence of another person or entity, a wrongful death lawsuit may provide a path to justice in the courts and practical help for the family left behind. The Law Offices of Barbara G. Banks applies an in-depth knowledge and understanding of the workings of the justice system on behalf of surviving family members after an accidental death.
Whether the death is the result of a motor vehicle accident, construction site accident, or some other unnecessary tragedy, the grief and burdens upon the surviving family members are compounded exponentially. At The Law Office, of Barbara G. Banks, we understand the difficulties our clients are experiencing and lift some of their burdens. We help them find answers after losing a husband, wife, mother, father, son or daughter as the result of the negligence of another person or company. Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. In Florida, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. Contact The Law Office, of Barbara Banks to schedule a complimentary consultation on a potential or ongoing wrongful death case.
Monetary Damages in Wrongful Death Cases
Lawsuits for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual death. In order to win a wrongful dealth, negligence on the part of the defendant must be proven. Did the defendant have a duty to the deceased? Did the defendant fail in that duty? Was the fatality caused by the defendant’s breach of duty? Are the survivors entitled to damages as a result of the loss of the their loved one? Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. Assuming it was the wrongful actions or inactions of another that caused the death, a lawsuit against that person or company may be brought generally by a surviving spouse, parent or child of the person who has passed away. Aunts and uncles, cousins and people who act as parents (but are not biological or adoptive parents) are usually not eligible to recover under Florida’s wrongful death statute.
In Florida, either the jury or the judge (if there is no jury) will decide how much money to award the statutory survivors of the decedent. The amount of the money damages awarded for wrongful death is based on varying theories, including (but not limited to) how much the deceased would have provided to the survivor(s) if he or she had not been killed. The amount includes income, pension distributions and even services such as taking care of the children. Also, the surviving plaintiff may recover compensation for the loss of love, companionship and guidance of the deceased. This is especially relevant for children who have lost a parent.
As you might imagine, it is difficult to put a number on the value of a lost life; but determining the proper compensation for the financial loss that the death has caused it really the only semi-practical remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
How much money did the deceased earn?
How much money did the deceased save?
How financially dependent were the survivors on the deceased?
Health of the deceased
Life expectancy of the deceased
Funeral expenses of the deceased
Medical expenses of the deceased
Frequently Asked Questions about Wrongful Death
What is the difference between a civil case and a criminal case against someone who caused a death?
A criminal case can only be brought by the government. The prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. The prosecutor must meet a higher standard of proof than in a civil case. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter.
Are punitive damages recoverable in wrongful death actions?
Punitive damages are an extra monetary penalty against the party found legally responsible in a civil lawsuit. They are usually awarded because the defendant’s behavior was reckless or malicious. Some, but not all, jurisdictions allow plaintiffs to seek punitive damages in wrongful death cases. Your attorney can tell you more.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks is a South Florida based personal injury lawyer and Florida automobile accident attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
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