Category Archives: Wrongful Death
Florida Exceeds the National Average in Unintentional Injury Deaths
According to Florida Health, the state’s accredited public health system, more Florida residents between the ages of 1 and 44 die from unintentional injuries than from any other cause. In Florida, unintentional injury is also the third leading cause of death for all ages, following only heart disease and cancer. While unintentional injuries are a […]
Can I File a Wrongful Death Claim if I Accepted a Workers’ Compensation Settlement?
For most types of workplace injuries, including fatal accidents, workers’ compensation is the exclusive remedy for the injured party and a surviving spouse. However, where the right to sue exists, accepting a workers’ compensation settlement will not bar a lawsuit to pursue full compensation. Here’s how it works. Workers’ compensation is a two-way street: the […]
What Is the Difference Between a Wrongful Death Claim and a Survival Action Claim?
When a person dies due to a negligent, reckless, or deliberate act, Florida law provides two ways the deceased’s next of kin can hold the wrongdoer accountable in civil court. The first is through a survival action, which covers the deceased person’s losses, and the second is a wrongful death lawsuit, which seeks compensation for […]
Can I File a Wrongful Death Claim Against a Product Manufacturer?
When consumers buy a product on the open market, they have the right to expect that product is safe for its intended use. But every year, thousands of consumers are injured and many are killed by defective consumer products. If you have lost a loved one because of a fatal injury caused by a product […]
Can a Hospital Be Held Liable for a Patient’s Wrongful Death?
When a hospital patient dies due to a medical error, the hospital may be held liable, either for its own negligence or for the negligence of its employees. Attorneys representing next of kin in a wrongful death lawsuit usually join the hospital as a defendant even when the hospital’s liability is not immediately clear. In […]
Can a Doctor Be Sued for Wrongful Death of a Patient?
When one person’s negligent acts or omissions lead to the death of another, that person can be sued for wrongful death, and medical professionals are certainly not exempt. Researchers at Johns Hopkins Medicine caused a stir last year when they released a study claiming that medical errors killed more than 250,000 Americans every year. They […]
Can I File a Wrongful Death Lawsuit if the Injuries Occurred on Someone’s Property?
When a fatal accident occurs, justice demands that wrongdoers be held accountable. But the identities of those wrongdoers are not always clear. Where the accident occurred can certainly be a factor in determining who is responsible, and making that determination can be difficult for the next of kin in filing a wrongful death lawsuit. An […]
Can I File a Wrongful Death Lawsuit Against a Theme Park?
Last year, the horrific case of a 10-year-old Kansas boy killed during a plunge on a 17-story waterslide made headlines across the country. In January, The Washington Post reported the family had reached a wrongful death settlement “with the owner of the water park and the manufacturer of the raft that the child was riding […]
