Wrongful Death – Florida

a

At The Abraha Law Firm, our dedicated team of attorneys understands the profound emotional and financial impact that the untimely loss of a loved one can have on a family. We specialize in handling cases involving wrongful death, a complex area of law aimed at providing solace and pursuing justice for those who have suffered the devastating loss of a family member due to the negligence or misconduct of another party. Our firm is committed to guiding our clients through the legal process with compassion, while diligently seeking the compensation they deserve.

Wrongful death refers to a legal claim that arises when an individual’s life is cut short due to the negligent, reckless, or intentional actions of another person, company, or entity. In such cases, surviving family members may be entitled to seek financial compensation for the loss of their loved one, including damages for emotional distress, loss of financial support, funeral expenses, and other associated losses. In Florida, the following important considerations apply to wrongful death claims:

1. Eligible Parties: Florida law designates specific individuals who are eligible to file a wrongful death claim, typically the surviving spouse, children, parents, or, in certain circumstances, other relatives who were dependent on the deceased for support or services.
2. Statute of Limitations: It is crucial to be aware of the statute of limitations, which is generally two years from the date of the individual’s death in Florida. Failing to initiate legal proceedings within this time frame can result in the claim being time-barred, so it is essential to seek legal counsel promptly.
3. Burden of Proof: To succeed in a wrongful death claim, the plaintiff must establish that the defendant’s negligence, recklessness, or intentional misconduct directly caused the death. This involves demonstrating a duty of care owed by the defendant, a breach of that duty, and a causal connection between the breach and the fatal outcome.
4. Damages: Damages in a wrongful death claim in Florida may include medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and mental anguish experienced by surviving family members.

1. Medical Malpractice: Negligent actions or errors by healthcare professionals, such as misdiagnosis, surgical mistakes, medication errors, or failure to provide adequate care, resulting in the death of a patient.
2. Vehicle Accidents: Fatalities caused by car accidents, truck accidents, motorcycle crashes, pedestrian accidents, or other incidents due to driver negligence, intoxicated driving, speeding, distracted driving, or faulty vehicle equipment.
3. Workplace Accidents: Fatal injuries suffered in construction accidents, industrial accidents, falls, equipment failures, exposure to hazardous substances, or any other workplace incident caused by the negligence of an employer, co-worker, or third party.
4. Defective Products: Death resulting from the use of defective consumer products, pharmaceutical drugs, medical devices, or machinery due to design flaws, manufacturing defects, or inadequate warnings.
5. Premises Liability: Fatal incidents occurring on someone else’s property due to hazardous conditions, inadequate security, or negligence in property maintenance, leading to fatal accidents, assaults, or other incidents.

When pursuing a wrongful death claim, it is crucial to establish that the responsible party owed a duty of care to the deceased, that this duty was breached through their negligent or wrongful actions, and that the breach directly caused the death. Our experienced team of attorneys has a deep understanding of the complexities involved in wrongful death cases. We will conduct a comprehensive investigation, consult with expert witnesses, and compassionately support you throughout the legal process, ensuring that your rights are protected and justice is pursued.