What is Wrongful Death?

by Aaron Delgado
October 30th, 2018

Wrongful death is an area of tort law stating that when a person dies or is killed due to the negligence or misconduct of another person, company, or any other party, the deceased’s surviving family members may take legal action against the responsible party. The wrongful death statutes were originally created to provide financial support for widows and orphans who lost a financial provider and to encourage people to take more care in preventing injuries by demonstrating the importance of accountability for actions that resulted in another person’s death.

Requirements for a Wrongful Death Action

In order to have a successful wrongful death lawsuit, it must have all of the following elements:

  • Death of a person
    • Resulting from another’s act of negligence or intent to cause harm
  • Surviving family members who are suffering monetary injury as a result of the death, including pain and suffering
  • An appointed personal representative for the deceased’s estate

Potential Causes of Wrongful Death

Unfortunately, in today’s society there are numerous types of incidents and aggressive actions that can result in someone’s wrongful death. Most common among these modern incidents are car accidents, semi truck crashes, medical malpractice, workplace accidents, and criminal behavior. It is important to remember that a wrongful death action can be taken for an intentional or unintentional act that causes an injury which results in death.

How to Take Legal Action

Since wrongful death falls in the area of tort law, the procedures outlined in the wrongful death statutes vary from state to state. Sections 768.16-768.26 of the Florida Statutes are considered the Florida Wrongful Death Act, which outlines the legal requirements for wrongful death actions in Florida. However, merely reading these statutes is not enough to take legal actions into your own hands.

If you have suffered the loss of a loved one and are unsure if it constitutes wrongful death or are ready to take legal action, it is imperative that you speak to a personal injury wrongful death attorney immediately. Not only do you need proper legal representation to ensure your loved one’s rights are protected and that you receive the compensation you deserve for your loved one’s death, but you need to do so within Florida’s wrongful death statute of limitations.

To make an appointment for a free consultation with an experienced wrongful death attorney at Delgado & Romanik, call us today at 386-492-8694. We charge contingency fees for personal injury cases, which means you owe us nothing unless we recover money for you.

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