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Wrongful Death Fort Lauderdale

Unintentional deaths happen a lot more than we might care to admit, and these fatalities happen for a host of different reasons. For example, according to the Center for Disease Control (CDC), there were an estimated 146,571 unintentional injury deaths, 33,381 unintentional fall deaths, and 37,757 motor vehicle traffic deaths nationwide in 2015. Some of these tragic accidents are unavoidable while others are caused by the negligent actions of another person. This is further demonstrated by the fact that John Hopkins University found that roughly 250,000 are killed in the U.S. every year due to medical errors. To put this into perspective, this means that more people are killed every due to medical errors than unintentional injuries, unintentional falls, and motor vehicle accidents combined.

When a family member is killed due to the negligence of another person or entity, Florida law allows the family members of the deceased to seek damages from the negligent party for the death of their loved one, but wrongful death claims can be extremely complex. For example, a wrongful death claim arising out of a car accident would be pursued under Fl.Stat.§768.19, but a wrongful death suit arising out of a case of medical malpractice would be initiated under Fl.Stat.§766.102. Cases that are initiated under each of these statutes are very different, and are controlled by procedural guidelines that are unique to the type of claim being initiated, which is why you should always consult with a wrongful death attorney prior to initiating any type of wrongful death suit.

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Wrongful Death Claims due to Negligence in Ft. Lauderdale, FL

Most wrongful death cases occur due to an act of negligence. The type of act determines what type of wrongful death claim will be initiated. For example, a car accident that results in a fatality is generally considered an act of negligence on the part of the at-fault driver, but a defective product created by a company that causes a fatality is a negligent act that falls under a different standard. Did the company know the product was dangerous? Was the product being used for its intended purpose? These are just a few of the key questions that must be answered for a product liability claim that are generally not applicable in the context of a car accident.

Wrongful Death Claims Involving a Car Accident Fatality

In the case of a car accident fatality, the jury must determine if the negligent actions of the at-fault driver resulted in the death of your family member, and if so, to what degree did the other driver’s actions contribute to your loved one’s death. Negligence itself is defined by the Florida Supreme Court as a failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. In order to prevail, the plaintiff must prove:

  • That the defendant owed the deceased a duty of care
  • That the defendant breached their duty of care
  • That the defendant’s breach of their duty of care was a direct and proximate cause of the deceased’s passing.

Damages in Wrongful Death Claims in Ft. Lauderdale, FL

Once these elements are proven at trial, the jury must determine the degree to which the at-fault driver’s actions caused the death of your loved one. This element becomes extremely significant when an award is being issued for damages. In general, there two types of damages that can be awarded by a jury, compensatory damages, which consist of economic and non-economic damages, and punitive damages, which are awarded to punish the defendant.

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Generally, punitive damages are not awarded in a case of simple negligence. However, when a plaintiff prevails in a negligence suit, the jury will normally award the plaintiff economic damages, non-economic damages, or a combination of both. Economic damages consist of compensation for things such as future wages, medical expenses incurred by the deceased’s family members, funeral expenses, et cetera, while non-economic damages consist of compensation for pain and suffering, mental anguish, and loss of enjoyment of life.

Comparative Negligence Laws in Florida

If the jury finds that the deceased was partially responsible for the accident that resulted in their death, they will assign a percentage of fault to them which in turn results in an award that is reduced by the percentage of fault assigned to the deceased. For example, if a jury awards $40,000 to the deceased’s family members for damages and finds that the deceased was 20% responsible for the accident, the award will be reduced by 20% under Florida’s comparative negligence statute, Fla.Stat.§768.81.

Contact a Wrongful Death Attorney in Ft. Lauderdale, FL

Due to the complexity of wrongful death cases, you should always hire a wrongful death attorney that will defend your legal rights and the rights of your family members. 1-800-INJURED is a lawyer and medical referral service that connects wrongful death victims with attorneys in the Ft. Lauderdale area. Don’t face this difficult time alone. Call 1-800-INJURED today.

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Paola Tangarife

En el accidente que tuve el año pasado... contacte 1800- Injured, la atencion fue inmediata.. el personal del centro medico excelente, cuando necesitaba transporte me mandaban recoger. He quedado muy contenta con el servicio y sobre todo con la compensacion q el abogado me consiguio...Los recomiendo 100%

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Diana Hernandez

Excellent service, amazing team! Thank you for making this process easy. Specially thank you for Caring ... definitely super recommended!

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Edner Blaise

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John O.

These guys have helped me to the fullest. I highly recommend these guys to anyone who needs help after being in an accident. Thank you 1-800 injured.

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Leo Machado

I had a case with 1800 injured and they were very helpful, very professional, and friendly. Always answered all my questions. Even thought being in a accident is a horrible experience, they made it super easy for me.

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Jose Balboa

I was injured while on my bike. I was hit by a car and broke my arm. It was my first accident and I didn’t know what to do. I called Them and their team helped me through everything from finding medical attention to getting therapy for my arm. If you ever need someone to help you through any accident I recommend 1-800 Injured over anyone else! Thank you guys for all your help!

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Cynthia Palomino

A car accident can be the most stressful time for anyone. The best thing I could've done was call 1800 injured. They take care you from beginning to end. They handle all of the work of going through the claim process and making sure you get the medical treatment you need. Working with their lawyer was very helpful during this time. You won't regret it.

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Monch Star

Great staff, Got into in accident and called them and they had my back all the way.

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Pamela Skordilis

Thank you so much 1800Injured for helping me through such a difficult time after a very painful slip and fall. Because of the amazing medical treatment I received I had such a speedy recovery feeling as good as brand new. I highly recommend 1800injured for anybody involved in any type of accident...my life got so much easier with the help and guidance from the best attorney who never missed a call or text or left any question unanswered.

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Adela Palomino

The team came together to assist me in everything possible. They handled my case in a professional matter knowing that time is sensative on each case. Highly recommend 1-800-Injured.

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Juan Castroman

Great service, Paola is very nice.. very helpful! Will recommend to friends and family for sure!

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Jardine Lewis

I must say that working with 1800-Injured was seamless during a stressful period. Both myself and my wife got into auto accidents within two months of each other and the service received ion both cases from this company is seciond to none. We felt completely at ease from the initial phone call, as they were recommended by someone else who too had a pleasant experience and at every stage in the process we were kept informed, the explanation of the process was thorough and the follow up was an indication that we were in great hands. Thank you for making what could have been a very unpleasant and stressful experience one that was seamless and stress free.

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Matt Shapiro

I used 1800injured after my accident and I'm really glad I did. They set me up with amazing professionals that settled my claim quickly and most importantly, hassle free. I don't know how people find the time to resolve a car accident any other way.

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Indiana Sacasa

I had a car accident a few months ago, I called 1-800 Injured and they were there for me through the whole process from start to end. The medical treatment I received was excellent and they connected me with a great lawyer. They will definetly help you out! I would completely recommended after a car accident :)

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Giancarlo Siero

I had a car accident about 3 months ago, I contacted 1-800 injured and couldn't be happier. They were not only very professional but very understanding of my personal needs. The medical treatment I received was beyond my expectations, and they got me in contact with a great lawyer as well. I would definitely recommend after a car accident.

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Pedro Gonzalez

I had car accident and this guys took care of everything all the way to the end . I'm very happy with the results I had ! I recommend them without a doubt 100%!

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Naslyn Baez

I was recently involved in a automotive accident. A car crashed into my car from behind and I was pushed forward and I hit the car in front of me. At that time I really didn't know what to do or who to call. I remember seeing an Ad for 1 800 Injured on my Instagram page. I called them and they were very informative and handled everything from A to Z. They set me up with a great lawyer and with the right doctors.

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Luis Carlos Ferro

Hace unos cuantos meses tuve un accidente con mi novia en el highway, inmediatamente despues del accidente me comunique con 1-800 injured ya que un amigo me lo habia mencionado. Desde que hice la llamada estuvieron a mi disposicion 100%. Me mandaron a la clinica el mismo dia y me ofrecieron un driver de mi casa a la clinica ya que no podia manejar en esas circustancias. No solo eso, tambien me ofrecieron un exelente abogado que llego a mi casa el mismo dia del accidente. No puedo quejarme de su servicio, recibi un excelente tratamiento en la clinica durante 3 meses y en todas mis visitas el driver me llevaba y me traia a mi casa. Definitivamente ofrecen un excelente servicio y se preocupan por sus clientes. Si llegan a tener un accidente automovilistico no duden en contactar a 1-800 Injured!

Have you been injured?

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