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Which typical incidents lead to wrongful death lawsuits?

Florida residents who have lost loved ones as the result of another party's negligence -- intentional or unintentional -- may have questions about pursuing recovery of financial and emotional damages. Many circumstances offer grounds for filing wrongful death lawsuits, and some are more common than others. Fatal car accidents and commercial vehicle crashes often lead to such lawsuits, and often, other drivers, companies, auto manufacturers and other entities named as defendants.

Medical malpractice that led to the death of a loved one can give rise to a wrongful death claim. Common causes include surgical and anesthesia errors, missed or delayed diagnosis, defective medical equipment, medication errors or wrong prescriptions. Many lawsuits follow deaths caused by defective products in which manufacturers, designers, distributors, wholesalers and retailers can be held liable for damages.

When criminal activities cause a person's death, the surviving family members may pursue financial relief by filing a wrongful death lawsuit in a civil court, regardless of the outcome of any criminal proceedings. Then there are fatal workplace accidents. If an employee's death is caused by the gross negligence of an employer, there may be grounds for a lawsuit against the company -- although under normal circumstances, compensation may only be sought through the workers' compensation system of the state.

If a Florida family believes their loved one's death followed negligent, reckless or careless actions of another party, they may pursue a wrongful death lawsuit. With the guidance and support of an experienced attorney to establish negligence, recovery may be obtained through litigation or a settlement out of court. The documented claims for losses could include past and future medical expenses and lost income along with property damage, loss of inheritance, loss of companionship, pain and suffering, as well as mental anguish and other economic and non-economic damages sustained.

Source:, "Most Common Causes of Wrongful Death", Jan. 19, 2018

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