Losing a loved one is one of the hardest experiences a family can go through. When that loss happens because of someone else’s negligence or wrongdoing, the pain can be even deeper. Along with grief, families are often left with questions and uncertainty.
In Florida, the law allows certain surviving family members to pursue a wrongful death claim when a person’s life is taken due to another’s negligence or misconduct. While no amount of money can replace a loved one, a wrongful death claim can help families seek accountability and recover financial support during a difficult time.
Knowing what qualifies as a wrongful death case can help you determine whether you may have a claim.
What Is Wrongful Death Under Florida Law?
A wrongful death occurs when a person dies as a result of another party’s negligence, carelessness, or intentional actions. In many ways, a wrongful death case is similar to a personal injury claim. It differs, however, in that the injured person is no longer able to bring the case themselves.
Under Florida law, the personal representative of the deceased person’s estate must file a wrongful death claim on behalf of the estate and surviving family members.
Here are three common examples of wrongful death in Florida:
Fatal Car Accidents
One of the most common causes of wrongful death in Florida is car accidents. Car accidents often involve clear forms of negligence, such as:
- Speeding
- Distracted driving
- Driving under the influence
- Failing to follow traffic laws
In these cases, the at-fault driver – and sometimes their employer or another party – may be held responsible for the death.
For families, these cases often come with sudden financial burdens, including funeral expenses and the loss of a loved one’s income. A wrongful death claim can help address those losses.
Medical Malpractice
Another common example of wrongful death involves medical malpractice.
Doctors, nurses, and healthcare providers are expected to follow accepted standards of care. When they fail to do so, the consequences can be serious or even fatal.
Examples of medical negligence that may lead to wrongful death include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Failure to properly monitor a patient
For instance, if a doctor fails to diagnose a serious condition that another competent physician would have identified, and that failure leads to a patient’s death, the family may have a wrongful death claim.
These cases can be complex and often require expert testimony to show how the healthcare provider’s actions fell below the accepted standard of care.
Dangerous Property Conditions
Wrongful death claims can also arise from unsafe property conditions, often referred to as premises liability cases.
Property owners in Florida have a duty to keep their premises reasonably safe for visitors. When they fail to fix or warn about dangerous conditions, serious accidents can occur.
Examples may include:
- Fatal falls due to unsafe walkways or lack of proper lighting
- Drownings in poorly secured swimming pools
- Fatal injuries caused by unsafe building conditions
For instance, if a property owner fails to repair a known hazard and someone is fatally injured as a result, the owner may be held responsible.
Call Baggett Law Personal Injury Lawyers for a Free Consultation With a Jacksonville Wrongful Death Lawyer
No legal case can ever replace a loved one. When a death is caused by negligence, the law provides a way for families to seek accountability and financial support during a difficult time.
If you believe your loved one’s death may have been caused by someone else’s actions, speaking with an experienced Jacksonville wrongful death attorney can help you understand your options and determine the best path forward.
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167