After losing a loved one, taking legal action might be the last thought in a person’s mind. The loved one’s of the victim must take immediate action following a wrongful death and seek an Orlando Wrong Death attorney as swiftly as possible. Losing a loved one might not only be mentally traumatic, but it can also create a financial burden for the family members because the deceased person may have been supporting the family with their monetary contributions. When a wrongful death claim is filed, the awarded amount can assist the family members to rid themselves of financial burdens.
The wrongful death lawyers at Percy Martinez Law firm have a long history of helping the surviving family members of a wrongful death victim recover the value of their loved one’s death. An unexpected death can be the most traumatic experience because the person did not mentally prepare for it, even though deaths that are expected like a person dying from cancer can still be traumatic for a family member.
Defining Wrongful Death
Many people do not know what the term “wrongful death” means. What is it? A wrongful death is when a person is killed due to another person’s misconduct or negligence. Wrongful deaths are brought forth by a surviving family member of the deceased, known as “distributes”, which allows them to acquire compensation through a wrongful death claim. The family member must have had some emotional or financial connection to the deceased.
What Constitutes a Wrongful Death Case?
Recklessness, negligence, and misconduct are elements that can contribute to a person’s death. For negligence to occur, a person should have acted in a way that another wise person would not have acted given the same circumstance. A lawyer must be able to prove whether a person failed to act or acted incorrectly under the standard of care, had a duty to that person, the actions performed by the person in question caused the person’s death, and that the person’s death created damages for the person claiming in order for a wrongful death to follow through.
Wrongful death lawsuits can arise from the following:
Car accident wrongful death Lawsuits
- Car accidents occur on a large scale. The National Highway Traffic Safety Administration (NHTSA), reports that there is about one death every 12 minutes due to car accidents throughout the United States. When negligence is determined to have been the cause of a fatal vehicle crash, then the term wrongful death comes into play. Some wrongful deaths can come from these following elements in a car accident: driving under the influence, distracted driving(cell phone use), driving while fatigued, road hazards, defective car equipment, not abiding by traffic laws, inexperienced drivers, physically impaired drivers (hard to see), among others.
Birth injury wrongful death Lawsuits
- A parent might lose a child before they even had the opportunity to enjoy their child. Many parents may wonder why did their child died and can become traumatized for the rest of their lives. Typically, a wrongful death that occurs during birth is often preventable. It tends to occur because of medical professionals Some factors that can lead to a wrongful death during birth include a lack of preparation, inexperience, miscommunication, poor prenatal care, the intoxication of a physician, not performing the correct tests like for gestational diabetes, among others.
Truck accident wrongful death Lawsuit
- Trucks are often large and heavier than most vehicles. A collision with a truck can often end with a fatality. It can be difficult to maneuver a truck due to its size. A few elements can be the cause of a wrongful death during a truck accident like improper loading of cargo, driving while tired, using alcohol or drugs, not paying attention to the road, not checking the truck’s maintenance before heading on the road, and much If a negligence was the result of a death, a wrongful death claim can be established in a truck accident.
Medical malpractice wrongful death Lawsuits
- A medical malpractice wrongful death can happen at any time. A person in the medical field or a medical facility might have been the cause of a person’s death. Medical malpractice claims are often complex because there is so much information associated with these types of claims. Having sufficient proof to create a wrongful death claim under a medical malpractice error can be done through an Orlando wrongful death litigator at Percy Martinez Law Firm. Mistakes that can occur in the medical field that can lead to a patient’s death include failing to diagnose, prescription mistakes, surgical errors, improper care, wrong treatment, too much/too little anesthesia, removing the incorrect organ, and much more.
Workplace accident wrongful death Lawsuits
- A wrongful death in a workplace is often caused by intentional wrongdoing or negligent acts by a person. Sometimes workers choose to file through workers compensation when they are injured, but when a death results from an accident in a workplace, a civil wrongful death claim can be done by the family members of the deceased. Some common workplace incidents that can cause a wrongful death include falling objects, faulty equipment, forklift accidents, slip and falls, improper use of equipment, poorly trained workers, and hazardous scaffolding.
Frequently Asked Questions About Wrongful Deaths
Q: What is the disparity between a criminal action taken and a civil action taken for a wrongful death?
A: When a criminal action is established because of a wrongful death, it usually derives from the federal government or state and results in fines and or incarceration. Whereas a civil action is usually done for monetary compensation and is derived from the deceased family members, referred to as “lawsuits”. The same case can undergo both a criminal trial and a civil trial like the famous O.J. Simpson case.
Q: What happens if my unborn child dies?
A: The wrongful death of a child through birth is different for every state. Deciding whether the death of the child constitutes a wrongful death can depend on whether the child would have been able to survive had the death not occurred, or whether a negligence was performed that caused the death of the child that could have otherwise been prevented. A wrongful death attorney in Orlando can go over the local laws that pertain to wrongful deaths of births to determine whether a wrongful death claim can be sought.
Q: Is the law for every state the same regarding wrongful deaths?
A: The answer to this is no. Every state has their own set of laws in regards to a wrongful death claim. A person must familiarize themselves with the laws of the current state they are residing in because laws from one state to another can vary greatly.
Q: If the deceased never had a job can the family member still establish a wrongful death claim?
A: Financial support is not the only thing that a family member can be awarded for. A plaintiff can still file a wrongful death claim even though the deceased never had a job. The plaintiff can file a wrongful death claim for loss of consortium, services, child care, companionship, and mental anguish.
Orlando Wrongful Death Lawyers At Percy Martinez Law Firm
Losing a loved one can be a traumatic experience for anyone. When this loss occurs because of another person’s negligence, a family member can become extremely livid because their death could have been prevented. The wrongful death lawyers at Percy Martinez Law firm understand the terrible emotional state that the family member must be in. The plaintiff should rest assured that the lawyers demonstrate compassion towards their clients and along with being their attorney, they are there to provide emotional support.
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