You probably know that slip and fall accidents can result in serious injuries. But did you know that they can also result in death? Slip and fall accidents are the leading cause of injury-related death among older Americans, killing more than 15,000 people yearly. Very young people and those working on construction sites such as building construction are particularly susceptible to slip-and-fall accidents.
Slip-and-fall accidents can happen anywhere: on sidewalks and streets, parking lots, stores, restaurants, stadiums, nursing homes, offices, construction sites, or private residences. Some accidents are avoidable, and property owners have a legal obligation to ensure the safety of visitors and workers. If a property owner ignores this legal obligation and a tragic loss of life occurs, the family of the deceased may be entitled to compensation for their losses.
Louis Berk Law is a law firm specializing in personal injury. Our Orlando wrongful death attorneys are trained to help you with your claim. If a loved one left you prematurely due to the negligence of another, we could help you seek justice.
Who is Responsible for a Slip and Fall Accident?
A property owner’s negligence can lead to wrongful death claims. If their carelessness caused a deadly accident, the court may award compensation to the deceased’s loved ones.
Many different situations can lead to a fatal slip and fall accident, and each one is different. Some examples of situations that can lead to an accident include:
- Slippery floors (mopping, rain)
- Treacherous surfaces (glass, marble)
- Cluttered walkways and hallways
- Broken stairs or missing handrails
- Uneven ground, loose rugs, or poor lighting
- Unsafe ladders or scaffolding
Who Can Sue for Wrongful Death in Slip-and-Fall Accidents?
The loss brings complex legalities. Beyond the emotional toll, a deceased person leaves an “estate” – their financial assets (cash, accounts, property) and debts (loans, mortgages). This needs careful handling to ensure loved ones inherit what’s rightfully theirs.
Someone must take over the deceased’s estate to pay funeral expenses, pay debts, and sell or give away assets. This person is called an executor, and they will draft a will if there is one. The personal representative or executor will file any lawsuits on behalf of the estate. This can include a wrongful death lawsuit seeking damages on behalf of the deceased’s beneficiaries.
A person in interest can seek damages by joining the wrongful death lawsuit in addition to the estate. Real parties of interest may include the deceased person’s spouse, children, or stepchildren. If there are no children or spouses, the parents or siblings can be considered as real parties of interest.
What are the elements needed to prove a wrongful death claim?
If someone slips and falls and ends up dying wrongfully, the accident falls under the umbrella of a structural injury. This law states that property owners must make their property safe for other people.
Under premises injury law, the Orlando Slip And Fall Lawyer filing the lawsuit must prove four elements to a jury to determine that the property owner must pay damages for wrongful death.
1. Duty of care
First, the business or property owner must be responsible for providing a safe environment or adequate warning of hazards—for instance, a warning about wet floors to prevent accidents or slips.
2. Negligence or breach of duty of care
The Orlando wrongful death lawyer must prove that the property owner failed to take reasonable steps to prevent a fall, such as cleaning stairs, keeping sidewalks in good repair, or posting signs warning of slippery floors.
3. Causation
The attorney must prove a clear causal link between the negligence and the death. In other words, the attorney must prove that the owner’s carelessness led to the accident that caused the wrongful death.
4. Actual Damages.
Finally, the attorney must explain the extent of the financial and emotional toll that the death caused.
How are Damages Determined in a Wrongful Death Lawsuit?
The sudden loss of a loved one in a tragic accident can create a substantial financial and emotional burden, especially if the person has financial responsibilities for other people, such as children, elderly parents, or disabled people. When a wrongful death claim is filed, the person’s estate will represent the interests of these beneficiaries.
There are several factors that the jury needs to consider when determining damages in a wrongful death lawsuit. This includes:
- Medical expenses
- Funeral expenses
- Lost wages
- Pain and suffering
- Loss of companionship or parenthood
In a wrongful death case, a jury will determine the damages by taking into account the age of the deceased person, their relationships, earning capacity, health, life expectancy, and the impact of their death on their estate’s beneficiaries. The Orlando Wrongful Death Lawyer representing the estate and the parties involved must demonstrate to the jury how the beneficiaries and loved ones will suffer financially and emotionally due to the negligence of the property owner.
Did you Have a Wrongful Death Case? Don’t Face This Alone.
Losing a loved one is devastating. Wrongful death lawsuits are complex, and the responsible party will fight hard. An experienced Orlando Wrongful Death Lawyer can:
Guide you through the process: Clear explanations and all options considered.
Protect your family’s interests: Fight for the compensation you deserve.
Give you peace of mind: Focus on healing while your lawyer handles the case.
Wrongful death lawsuits are fiercely contested. At Louis Berk Law, our seasoned Orlando wrongful death lawyer can guide you. In-person consultations ensure clear communication and a personalized approach. Your attorney will explore all options, prioritize your family’s well-being, and fight for the justice you deserve.
Contact us online to schedule a free consultation today.