A wrongful death occurs when someone dies because of another person’s negligent or intentional acts. Common causes of wrongful death in Florida include motor vehicle accidents, product liability, medical malpractice, on-the-job accidents, and criminal actions.
While it’s always difficult to lose a loved one suddenly, it’s even more painful when it happens because of someone else’s wrongful actions. However, if your loved one passed away because of someone else’s wrongful actions, you could file a claim to seek compensation. A wrongful death attorney could support you through the claims process and provide legal guidance.
Common Causes Of Florida Wrongful Deaths
Wrongful deaths occur for many reasons. Sometimes, your loved one might have died from an accident caused by someone’s negligence. Other times, wrongful death occurs because of someone’s purposeful actions.
Regardless of the circumstances of your loved one’s death, surviving family members could seek compensation by filing a wrongful death claim against the at-fault party. Here are some of the most common reasons Floridians file wrongful death lawsuits.
Motor Vehicle Accidents
Fatal motor vehicle accidents happen across Florida every day. In fact, according to the Florida Department of Highway Safety and Motor Vehicles (FHSMV), over 3,400 people died in car accidents in 2022. Unfortunately, many of these accidents happen because of negligent drivers. Common causes of car accidents include:
- Distracted driving: Did the driver focus on something other than the road at the time of your family member’s accident? For example, was the driver eating in the car or reading a text on a cell phone? If so, they could take their eyes off the road or hands off the wheel long enough to cause an accident.
- Driving under the influence: Drivers who drink or do drugs before driving suffer significant impairments to their motor skills that could cause accidents. Impairments the Florida Department of Transportation noted include poor concentration and slowed reaction times.
- Reckless driving: Drivers engage in reckless driving actions like excessive speeding, tailgating, or drag racing for many reasons, including road rage.
When drivers engage in these negligent behaviors, they could cause fatal accidents. If your loved one died in one of these accidents, you could file a wrongful death claim against the at-fault party.
Pedestrian Accidents
Pedestrian accidents most commonly occur in urban areas and at intersections. For example, a driver making a left turn at a stoplight typically has their focus on the light and oncoming traffic. As a result, they might not see a pedestrian crossing through a crosswalk when they go to make the left-hand turn.
The Centers for Disease Control and Prevention (CDC) states alcohol and speed are significant risk factors for pedestrian accidents. In addition, when vehicles travel at higher speeds, it’s more likely the accident will cause a fatality.
Product Liability
Product manufacturers, designers, distributors, and sellers are responsible for ensuring they sell safe products. They must take proper quality control measures to ensure each step of the product’s creation goes to plan. When they don’t, it could cause a fatal incident. Common product liability issues could include the following:
- Faulty machinery
- Dangerous drugs
- Unsafe foods
If your loved one died because of an unsafe product, you could file a claim against its manufacturer or distributor.
Medical Malpractice
Medical providers who fail to provide adequate patient care could cause fatal injuries. Common examples of medical malpractice include:
- Surgical errors: If a doctor does not correctly execute the surgery, they could cause an error. For example, did the surgeon operate on the wrong body part? Other surgical errors include leaving a surgical tool within the body or an issue with administering anesthesia.
- Misdiagnosis: When a medical care provider doesn’t order the appropriate diagnostic tests to reach an accurate diagnosis, a deadly infection or illness could go unchecked until it’s too late.
- Medication errors: If a medical care provider prescribes the wrong dosage or type of medication, it could have fatal consequences. In addition, you could hold a pharmacist accountable if a medication error happened on their end.
- Medical equipment malfunction: When facilities don’t properly maintain their equipment, it could fail during a procedure. Medical equipment failures during procedures can lead to fatal outcomes.
Although medical professionals sometimes make mistakes, your family could hold them accountable by filing a wrongful death claim if their error was due to negligence. Not only would you hold them accountable for your loved one’s death, but you could also prevent them from harming someone else.
On-The-Job Accidents
While your loved one could get hurt at work in any industry, construction and transportation are two of the most dangerous. These trades also have a significant statewide presence. Thus, employers must develop and enforce procedures to ensure employees enjoy a safe workplace environment. However, if a company fails to provide a safe work environment, you could hold them liable for your family member’s death.
Criminal Actions
If someone purposely harms your loved one and they pass away, besides the criminal charges they might face, you could also file a civil wrongful death claim against them. Through a civil lawsuit, you could seek compensation for your losses. Meanwhile, the criminal courts can punish the perpetrator by sentencing them to jail time or imposing a substantial fine.
Contact A Wrongful Death Attorney In Florida For A Free Consultation
A wrongful death lawyer can investigate how your loved one died and identify the liable party. However, knowing the common causes of wrongful death in Florida will give your attorney a good starting point for their investigation. Once they’ve collected evidence proving liability, you can seek compensation for your loved one’s final medical expenses, funeral costs, and other wrongful death damages.
So, contact our wrongful death attorneys at the Law Offices of Anidjar & Levine today. When you reach out to our firm, you can learn about your legal options during a free consultation. You’ll soon see that our team provides responsive, compassionate legal care. In addition, you can rest assured knowing you can contact your attorney throughout the case.Contact the Law Offices of Anidjar & Levine today to speak with our attorneys for free. During a free consultation, you can find out if you have a viable case and how our attorneys can take to help with your case. You deserve a legal advocate with strong legal knowledge on your side after suffering injuries in a pedestrian or bicycle accident.
