Most Common Types of Wrongful Death Claims

The unexpected loss of a loved one can have devastating effects on individuals and their families, especially when the death was caused by negligent or wrongful acts. Victims who prematurely lose someone they love, often suffer from long-term emotional trauma and psychological problems, in addition to financial stress that can be an added burden for surviving family members.  

When a fatality is the result of a serious accident, surviving family members are often left with outstanding medical bills, loss of income, funeral, and burial costs. However, if the accident was the result of negligence, surviving family members could be eligible for financial compensation. Discussing your situation with a licensed attorney is crucial to pursuing the compensation you and your family may need.

At the law office of Frankl Kominsky Injury Lawyers, we aim to protect the rights of the people of West Palm Beach and beyond (by appointment only), which is why we offer free initial consultations to individuals and families who lost a loved one due to an accident. We know how to properly apply local and state laws to help you hold negligent parties liable for damages, including claims involving wrongful death in Florida. Our firm has more than 40 years of combined legal experience, while obtaining over $100 million in successful verdicts and settlements for our past clients.  

Our compassionate lawyers understand the pain and suffering that comes with losing someone you care about. Far too often we see accident cases that cause life threatening injuries that could have been prevented, if not for the negligence of another’s actions or inaction. Read on to learn some of the most common types of wrongful death situations we have seen over recent years.

Typical Wrongful Death Cases in Florida

Wrongful deaths occur when a fatality is caused by carelessness or a wrongful act by another individual or company.  Car crashes, slip and fall accidents, medical malpractice, and defective products can all result in the death of someone you love. Whether the victim dies immediately after the accident or succumbs to their injuries later on, Florida law allows surviving family members to file a wrongful death claim to seek compensation for the damages related to the accident.

Some of the more common wrongful death claims are the result of:

Vehicle crashes – Since people tend to drive often and because of the growing number of drivers on the road, vehicle crashes are the most common cause for wrongful death in Florida. Unfortunately, the Sunshine State continues to average hundreds of vehicle accidents per day. Sadly, thousands of people die every year. Accidents caused by cars, trucks, SUV’s, motorcycles, and buses are usually the result of negligence. Drivers who are found to have violated traffic laws such as speeding, distracted driving, reckless driving, or driving while intoxicated, may be held liable for a wrongful death.

Pedestrian and bicycle accidents – Bike riders and pedestrians are often fatally injured as a result of driver negligence. Since bicyclists and pedestrians do not have the protection a vehicle would provide, even the slightest collision with a vehicle could lead to life-threatening injuries. Although drivers are often found to be at-fault for these crashes, there are certain situations where the local government agency could be held responsible, such as lack of visible walkways or bike lanes. 

Defective products – Motor vehicles, prescription drugs, medical devices, and many other poorly designed consumer products have been known to cause fatalities. Even though many of these products often undergo rigorous testing, you may still have the right to file a product liability claim. Manufacturers, resellers, and healthcare professionals can all be held liable for a wrongful death caused by a defective product.   

Workplace accidentsConstruction workers, roofers, factory workers, firefighters, agricultural workers, electricians, and ironworkers are just some common examples of dangerous occupations that are prone to wrongful deaths. Employers are legally obligated to keep the workplace safe and prevent harm to their employees while they are working. If it is found that an employer violated the health and safety standards laid out by the Occupational Safety and Health Administration (OSHA), surviving family members could be legally eligible to file a claim against the employer. 

Medical malpractice – While most medical professionals are great at what they do, they are human, therefore mistakes can be made. If a death was the result of negligence by a doctor or other healthcare worker, surviving family members may be able to file a medical malpractice claim. Since these cases are often difficult to prove without the help of an experienced professional, consulting with a knowledgeable lawyer may be essential. 

Slip and fall accidents – Although deaths are rare in a slip and fall accident, there are times when a dangerous condition on a particular property can lead to a fatality. If it is proven that the property owner or business manager was aware of a dangerous condition that caused a fatality, a wrongful death claim may be filed by surviving family members against the property or business owner. 

Seek Legal Advice for Your Wrongful Death Claim

Losing a loved one in an accident that could have been prevented can be difficult to overcome. To make things worse, insurance companies are known for devaluing and denying accident claims, which means surviving family members may be left with the challenges of emotional and psychological issues, medical expenses, lost income, funeral, and burial costs, as well as other financial losses.

Although no amount of compensation can replace the loss of a loved one, you may be eligible for financial assistance to recover these losses. However, having a qualified legal professional review your claim may be vital to pursue the full amount of compensation you may deserve. 

The wrongful death lawyers at Frankl Kominsky Injury Lawyers are prepared to discuss your claim in a no-cost, initial review. If the death of your loved one was the result of negligence by another party, give us a call any time, 24/7, to discuss your legal options. 

Call Frankl Kominsky Injury Lawyers today at (561) 800-8000 or submit a free online form.

Contact Information