In Florida, state law defines a wrongful death as any death that occurs “due to the wrongful act, negligence, default, or breach of contract or warranty of a person or persons”. Across the US, most states have similar laws that apply to wrongful death cases in nearly the same way. The legal term “person” can mean any individual, corporation, organization, or business entity.
If you or someone you know has lost a family member or other loved one due to an accident, your case may fit the definition of a wrongful death. In a car accident, another driver may be found financially liable if a loved one died as a result. In cases where a drug side effect leads to a patient’s death, the manufacturer of the drug could be found liable.
5 Facts about Wrongful Death Claims in the State of Florida
- Auto accidents are responsible the most wrongful death lawsuits in Florida, as well as across the US.
- From 2010 through 2012 over 4,200 traffic fatalities were recorded. 50 to 60 percent of those cases likely involved a wrongful death scenario.
- The State of Florida limits non-economic (pain & suffering, loss of consortium) damages to $1 million against medical practitioners in wrongful death situations.
- Florida’s non-economic limit does not restrict punitive damages, which can be ordered by the court to punish an at-fault party and to discourage repeat negligent behavior from recurring.
- Approximately 90% of all claims citing medical malpractice have involved either wrongful death or a permanent disability caused by negligence.
Typical Causes of Wrongful Death Cases
Wrongful death suits often come from a few common types of accidents or dangerous scenarios. In some instances, a death involving negligence and one of the scenarios described below may result in a substantial, high-profile monetary award:
- Defective Consumer Products: Defective tires (blowouts) have led to wrongful deaths, as have certain products for children such as cribs with choking hazards, defective strollers, and baby carriers.
- Medical Product Defects / Malpractice: Certain medications or medically implanted devices have resulted in death in patients. Other times, a newborn might not survive through delivery as a result of improper procedure.
- Motor Vehicle Accidents: When a traffic fatality results, an at-fault driver may be found liable for wrongful death. Drunk-driving fatalities also fall under this category, as do motorcycle accident fatalities, pedestrian accidents, and fatal accidents involving commercial trucks.
- Nursing Home Abuse: Deaths among nursing home residents stemming from abuse and neglect are not uncommon. Falls due to negligent supervision cause hundreds of deaths each year among nursing home residents.
- Workplace / Industrial Accidents: Faulty equipment, electrocution, unsafe work-site conditions, or a general failure to employ proper safety protocol can all lead to wrongful death scenarios.
