The state of Florida defines wrongful death as any instance in which death occurs “due to the wrongful act, negligence, default, or breach of contract or warranty of a person or persons”. In most cases, the term “person” can also represent a corporation, organization, or other established entity.
If you or someone you know recently lost a loved one due to an accident or drug side effect, the case may fit Florida’s definition for a wrongful death case. In a car accident, the other driver may be liable. If a medication leads to a patient’s death, the manufacturer of the drug could be found financially responsible.
5 Florida Wrongful Death Statistics
- 90% of all lawsuits involving medical malpractice have involved a wrongful death or a permanent disability caused by negligence.
- Auto accidents are connected with the highest frequency of wrongful death lawsuits in Florida
- Florida’s non-economic limit does not restrict punitive damages, ordered by the court to punish an at-fault party and to discourage repeat negligent behavior from recurring.
- From 2010 to 2011, approximately 2,500 wrongful deaths occurred linked to traffic accidents in Florida.
- The State of Florida limits non-economic (pain and suffering) damages to $1 million against medical practitioners in wrongful death situations and $1.5 million against non-practitioners.
7 US Wrongful Death Statistics
- Misdiagnosis and surgical errors result in an estimated 98,000 deaths each year.
- Over 7,000 deaths each year are the result of medication errors.
- Almost 20,000 fatalities occur as a result of a slip and fall, mainly attributed to obstructions along a path or walkway, slippery surfaces, and poorly lit areas.
- Over 30,000 traffic fatalities occurred in the US each year as a result of traffic accidents. Over 40% of these fatalities are a result of drunk driving or DUI.
- An estimated 6,000 fatalities result every year from workplace accidents involving commercial vehicle accidents, assault and violent acts, contact with objects or equipment, falls, or exposure to harmful substances.
- On average, nearly 3,200 motorists, pedestrians, or bicyclists are killed as a result of driver distraction each year.
- The risk of a fatal crash increases three times when a visual-manual task (such as dialing, texting or just reaching for mobile phone) is performed with a hand-held device while driving.
Wrongful Death Attorneys Serving Florida
In a Florida wrongful death case, a court may award financial damages to compensate a family for emotional anguish as well as funeral expenses and lost earning potential produced by the person’s death. An established personal injury attorney with experience with wrongful death matters may be able to help.
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