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The Circumstances For Wrongful Death In Florida

It’s never easy to lose a loved one in Florida, especially a family member, but the loss can be even more painful when the death could have been easily avoided. It’s one thing when an older, senior family member meets a peaceful end, surrounded by loved ones, after a long, productive life. It’s another thing when someone just starting married life, or even children with long lives ahead of them passes away before they realize their full potential.

Deaths that occur despite being easily prevented are typically the result of carelessness on someone’s part. And while that kind of carelessness is not a criminal act, it’s still against the law, and the people who have lost a loved one due to such negligence can get the law on their side for financial compensation with a wrongful death lawsuit.

It’s important, however, to make sure that a death truly is considered wrongful under the law.

Circumstances Matter

There is a big difference between losing a loved one and trying to ease the loss by looking for someone to blame and truly losing a loved one due to the direct action or inaction of someone else’s negligence. For example, if someone passes away due to a natural disaster, such as a hurricane, the meteorologist or the news network can’t be sued for reporting the storm, even if the storm did cause the loved one’s death.

Wrongful death must be a direct result of someone else’s negligence or carelessness, not simply a way to ease the pain of loss by finding a target and exerting control by attempting to punish that target. There are plenty of legitimate circumstances in which wrongful death is a necessary action to take, such as:

Drunk-Related Vehicular Accidents

Someone dying in a motor vehicle accident due to another driver being drunk is a textbook example of wrongful death. It is not only illegal to drive while drunk; it is considered a criminal activity. Any accident that occurs due to a drunk driver would likely have never occurred at all had that driver obeyed the law and not operated a motor vehicle while intoxicated.

Pedestrian Accidents

Another type of wrongful death that is, unfortunately, common in Florida is accidents involving pedestrians. When a motor vehicle impacts an unprotected pedestrian, especially the elderly or young children, the injuries are often more serious and potentially lethal. If an accident victim dies due to distracted driving, such as someone looking at their phone instead of the road, resulting in hitting or even running over someone, that’s another clear instance of wrongful death. A driver’s responsibility is to pay attention to the road and give pedestrians the right of way. Hitting a pedestrian because of a desire to look at the latest incoming text message on a phone is a violation of traffic law and a failing to observe basic driving responsibilities, so it’s clear negligence.

Premises Liability

Premises liability is the legal obligation property owners have to ensure a reasonably safe environment for visitors. Depending on the type of property and situation, this can take many different forms. A homeowner, for example, should put away firearms and make sure they are not easily accessible to prevent children from finding, discharging, and accidentally killing themselves or others. The resident and gun owner would be legally responsible in such circumstances.

On commercial properties, observing the safety protocols for equipment by the public would be another example, such as the tragic death of Tyre Sampson at ICON Park, when park employees ignored the weight recommendations and allowed the teen on the ride.

If you’ve lost a loved one due to someone else’s negligence in Sarasota, make sure the responsible parties are held accountable for what they’ve done. Talk to a wrongful death lawyer about getting justice for your loved one.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Circumstances For Wrongful Death In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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