Time ago, the man who killed Trayvon Martin was tried in Florida. This particular case was a criminal one, meaning it needed to be proven beyond a reasonable doubt and was typically brought on behalf of federal or state authorities. That murderer was found not guilty.
On the other hand, a wrongful death lawsuit is filed on behalf of the victim’s relatives and aims to get compensation. It is simpler to prove a wrongful death action by a majority of the evidence. The homeowners association where Trayvon Martin was shot and murdered was sued by his family, who claimed that the group was negligent in allowing the gunman to take charge of the neighborhood watch. Orlando wrongful death lawyers reached a settlement of over $1 million in the case.
Compensating the Families of the Deceased
Wrongful death lawsuits are pursued to compensate the families of people killed by the negligent, careless, or deliberate acts of others. Surviving families like spouses, parents, grandparents, and children can file wrongful death claims against any person or entity that allegedly caused their loved one’s death.
The state of Florida has laws regarding who can file a wrongful death lawsuit. The only person with this right is the personal representative of the victim’s estate. This can be someone appointed by the court after their death or someone appointed by the victim before their death.
All of the victim’s family members may submit a wrongful death lawsuit through a personal representative.
Causes of wrongful death can range from car accidents to suffocation with small parts of toys, but there are some common patterns and categories that emerge in these lawsuits.
Car Accidents
Some of the most common reasons for wrongful death cases in the United States are road construction, aggressive driving, drunk or intoxicated driving, distracted driving, and pedestrian deaths.
Truck Accidents
The insurance coverage of the commercial truck driver paid $1 million to the family of an elderly woman who was struck by the vehicle because the driver neglected to yield to a pedestrian crossing.
Bicycle Accidents
The family of 13-year-old Brett McDaniel won a $2 million wrongful death verdict, reduced to $1.2 million, against Regional Emergency Medical Services after their ambulance struck the boy who was riding a bicycle.
Medical Negligence
A wrongful death lawsuit may be filed by the patient’s family in cases where medical personnel fail to provide the necessary standard of care, leading to the patient’s death. Facts pointing to a potential prescription error, misdiagnosis, ER error, surgical harm, delayed or incorrect diagnosis, or even a malfunctioning piece of medical equipment could be investigated by Orlando wrongful death lawyers.
Liability for Products
It is the responsibility of product designers, manufacturers, distributors, and sellers to reduce the possibility of public injury from their products. A wrongful death case may be initiated in relation to a death that is the consequence of an unsafe design, an unsafe manufacturing method, or an inadequate warning of possible harm or death.
Accidents Related to Work
A wrongful death lawsuit may be filed for any death that results from employer carelessness at work. These deaths frequently involve machine-related mishaps, fires or explosions, faulty equipment, poor training, and illnesses brought on by unsafe work settings.
Criminal Acts
The Trayvon Martin case in Florida, mentioned above, is an example where justice can be obtained through a wrongful death lawsuit. Even though there were no punitive charges, with the help of Orlando wrongful death lawyers, the victim’s family was able to receive compensation for their wrongdoing.
Who can be negligent?
Negligence can play a role in a wide range of circumstances. Here are several examples:
Drivers: A driver’s negligence can be established when they fail to follow traffic laws, drive recklessly, or do not pay attention to the road.
Property owners: They can be negligent if they fail to maintain their property, leading to unsafe conditions that cause injury to others (e.g., slipping on a wet floor).
Business owners: A business owner can be negligent if they fail to provide a safe work environment, adequate training, or proper supervision, leading to workplace injuries.
Medical professionals: Any healthcare professional can be negligent if they fail to impart the expected standard of care, resulting in harm to a patient (medical malpractice).
Product manufacturers: A manufacturer can be negligent if they make a product that is defective and causes harm to consumers.
Pedestrians: Even pedestrians can be negligent, such as crossing the street without looking or failing to obey traffic signals, which can lead to accidents.
Business Owners. Negligence can also occur if a business fails to provide adequate security or properly maintain its premises, leading to injuries or other damages.
Despite the cause, a wrongful death lawsuit must be expertly handled by a wrongful death attorney in Orlando to avoid causing additional pain to the surviving family. While no amount of money can truly make up for the loss of a loved one, wrongful death lawsuits provide a sense of closure that many surviving loved ones find helpful to the healing process.
Final Words
Wrongful death lawsuits are delicate, and they require legal knowledge as well as a compassionate approach to the needs of grieving families. From car accidents or medical malpractice to product liability and criminal acts, each case demands meticulous examination to ensure that justice is served and responsible parties are held accountable.
At Louis Berk Law Firm, We are dedicated to helping you through this difficult time. Our experienced team of Orlando wrongful death attorneys recognize the emotional and financial toll that the loss of a loved one can take. We are committed to providing the personalized support and aggressive representation necessary to secure the compensation and justice your family deserves. With a demonstrated track record in handling wrongful death cases, Louis Berk Law is ready to guide you through the legal process and achieve the best possible outcome.
Contact Louis Berk Law today. Let us put our experience and dedication to work for you, ensuring that your case is handled with the care and professionalism you deserve. Contact our bilingual attorneys for a free consultation and take the first step toward finding closure and justice for your family.