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What Accidents And Situations Could Cause A Wrongful Death?

Accidents always unexpectedly happen in Sarasota, but this does not mean they are easy to accept. It is even harder to deal with it when an incident leads to a case of wrongful death. There are many things that could cause wrongful deaths like negligent acts and the environment. Needless to say, the family of the decedent would want to know the reason behind the untimely death of a loved one.

A personal injury case can quickly turn into wrongful death under these circumstances:

• Car Collision – Auto accidents, particularly car collisions, are one of the leading causes of wrongful deaths in Sarasota. The highway is a dangerous place that makes motorists vulnerable to external forces and even each other. Car collisions are commonly caused by negligent drivers who may be distracted while driving, intoxicated, inexperienced, or are deliberately violating traffic rules such as beating the red light.

Other possible reasons behind auto accidents are inclement weather and manufacturing defects on the vehicle. When proven that there is misconduct or negligence, the fatal accident could be filed as a wrongful death case.

• Defective Products – As mentioned above, product defects can cause a wrongful death and this is not limited to auto accidents. Other instances of defective products can lead to explosions and burns, which can cause fatal injuries. Faulty appliances, furniture, and other household or office items could be very dangerous.

• Physical Assault – Disagreements can lead to intended harmful attacks. This can also happen anywhere like at home or the workplace. Actions done with the intention to harm and inflict grave injuries can lead to a wrongful death.

• Workplace Accidents – People usually expect accidents to happen in a workplace that requires physical labor. Factories, warehouses, and construction zones are indeed dangerous places where many accidents happen, but offices in high buildings are not that safe. Accidents can happen anywhere and be caused by anything, such as steep and slippery stairs, or faulty wiring. Regardless, workplace accidents are also possible causes of wrongful deaths.

How Can I File For A Wrongful Death Lawsuit?

It is hard to deal with the untimely death of a loved one, but filing a lawsuit should not be neglected or ignored. A wrongful death lawsuit could be filed by the family members of the deceased. It could be the spouse, parents, children, or any other immediate relative or representative. The lawsuit is done to get damage claims on behalf of the surviving family members, especially those who will directly suffer from the loss.

The damages include but are not limited to lost wages of the decedent, emotional pain, loss of companionship, funeral costs, and even the hospital bills of the deceased before they eventually passed away.

Is Wrongful Death Different From Survival Action?

You may be wondering if you should file for a wrongful death lawsuit or a survival action, but what is the difference between the two?

In simple terms, a wrongful death lawsuit is done and filed on behalf of the surviving family of the decedent. The damages claim will be distributed to those who are affected. In addition, any immediate family representative can file a wrongful death lawsuit.

On the other hand, a survival action is done on behalf of the deceased and the damages will be based on the pain and suffering of the victim before they died. All personal injury claims that could have been demanded if the victim had survived will become a survival action claim. This can also only be filed by the decedent’s estate representative.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

What Accidents And Situations Could Cause A Wrongful Death?

Goldman Babboni Fernandez
Murphy & Walsh

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