Wrongful death is a term used to describe a person being killed or dying by another person’s misconduct or negligence. The vast majority of the time, a wrongful death claim is filed by the victim’s proximate family members. Sometimes, wrongful death cases may even go through criminal charges. In other words, a wrongful death claim can go through both a criminal and civil trial like the famous O.J Simpson case.
Losing a loved one because of another person’s negligence is infuriating just as it is shocking. One would think that a person would be a little more careful with their actions, but most people are reckless or simply do not pay attention to their surroundings. The person who caused the wrongful death may have broken a law and the families of the victim may want compensation for their harms. So, a wrongful death can be filed by the government and by the family of the victim.
In every state, there are “wrongful death statutes” that have been set. These statutes determine the procedures involved with a wrongful death case and the amount of time a person has to file a wrongful death claim. The person who will be compensated for a wrongful death can be the estate, or whoever the victim decided in their will. Compensations like pain and suffering and loss of earnings can be awarded
What Elements Are In A Wrongful Death Lawsuit?
A wrongful death lawsuit must have certain elements in order for it to be a solid case. Some of those elements include:
- There must have been a death
- Another entity was the cause of the victim’s death
- The wrongful death has left the family struggling financially, and
- A personal representative has been appointed
There are many different scenarios where a wrongful death can occur. When negligence is present, people can become injured. Some of the most common negligences can occur in the following areas:
- A medical malpractice
- A slip and fall
- Vehicle Accidents
- Cruise Ship Accidents
- Exposure to dangerous chemicals
- Deliberate Acts of Crime, and
Compensation That Could Be Awarded in A Wrongful Death Claim
Compensation for a wrongful death claim can be difficult to calculate because most of it is based on the harms caused to the family members emotional state. General damages do not have a set number to them and every jury can award a different amount even when the case is identical as another. General damages include:
- Pain and suffering
- Loss of consortium
Now, specific damages are damages that a jury can calculate. These damages are usually medical bills, loss of earnings, and loss of future earnings. All of these damages are determined by the jury or judge. The amount a person will receive depends on the severity of the injuries sustained.
Orlando Wrongful Death Lawyers Here to Help the Families
Wrongful death is a death that could have been prevented. When a person is the cause of another’s death, they can be found guilty of civil and criminal charges. The Orlando wrongful death lawyers at Percy Martinez Law Firm in Orlando work hard for the family members who have endure damages as a result of the wrongful death to recover compensation for their harms. For more information about wrongful death you can always find the steps on what you can do.