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Legal Issues Concerning Wrongful Death Cases


Legal Issues Concerning Wrongful Death CasesWrongful death cases are typically brought against a defendant that has caused the death of an individual through negligence or intentional harm. The wrongful death claim can allow the deceased individual’s estate to file a lawsuit against the person who is legally liable for the death.

A wrongful death case can also apply to those individuals that were dependent upon the deceased for either financial or emotional support. Each state sets their own statute of limitations on wrongful death cases but generally these cases should be filed within two years of the date of incident that caused the individual’s death.

In February of 2017, a Georgia jury awarded a woman with a large financial settlement due to an incident on a Georgia highway that involved a car full of Louisiana nursing students and a trucking company. The students were on their way to their final day of clinical training at the Savannah Hospital when they had to come to a stop on the highway due to a traffic jam.

A semi-truck that was traveling in the same direction as the nursing students failed to come to a stop and instead ran into the back of the car that contained the nursing students. The truck was reported to be traveling at speeds of around 70 miles per hour. Five of the six nursing students that were in the vehicle were killed in the accident.

After the investigation was conducted, it was found that the truck driver did not attempt to apply the brakes at all and the driver ended up pleading guilty to five counts of first-degree vehicular manslaughter and five years incarceration which will be followed by five years of probation.

The one survivor of the accident was just awarded a staggering $15 million in financial compensation for the injuries she sustained during the accident in April of 2015. The case proceeded to go to trial because the survivor and trucking company could not reach an acceptable agreement during the pre-trial negotiations.

Damage Awards in Florida

Medical wages and lost expenses are considered economic damages in Florida. Other non-economic damages such as pain and suffering and other emotional damages can also be used to receive compensation due to a personal injury or wrongful death case.

Punitive damages are punishments designed for the defendant to further punish them for their wrongdoing and reprehensible behavior. They are often given when there was an incident of reckless or intentional conduct, as seen from the case of the truck and the nursing student.

If you or someone you know has been hurt or killed in an accident then you should consider seeking the assistance of a legal professional. Wrongful death attorneys in Florida can help you with your case and will help determine if you or your family are entitled to any monetary compensation due to the injury or death that occurred due to gross misconduct, negligence, or intentional harm.

Wrongful Death Outside Of Florida

For those seeking an attorney for wrongful death in the San Antonio Texas Area the Cazares Law Firm may be able to help.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Legal Issues Concerning Wrongful Death Cases

Goldman Babboni Fernandez
Murphy & Walsh




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