If the negligence of one person causes the death of another, the civil justice system allows the surviving family members or a personal representative of the estate of the deceased person to seek recovery of damages. Wrongful death lawsuits are filed independently from any criminal proceedings against an alleged killer. While criminal convictions required proof of guilt beyond a reasonable doubt to be established by the prosecution, a civil lawsuit in Florida requires only a preponderance of evidence to document negligence.
One of the worst highway accidents over the holidays happened on Interstate 75 in Florida on Thursday, Dec. 27. The latest reports indicate that a 59-year-old big rig driver allegedly caused a fiery crash that led to his own death and killed six others. If any wrongful death lawsuits follow, this driver's estate will likely be named as a defendant.
Losing a loved one during the holidays will likely always mar the celebrations in years to come. Sadly, many innocent lives are lost on the Florida highways at this time of the year. This is likely evident in the number of wrongful death lawsuits that are filed at the beginning of each year.
West Palm Beach police are investigating a driver who allegedly caused a fatal crash on Oct. 20. He is suspected of speeding and driving with a blood alcohol content of almost double the limit allowed in Florida. However, regardless of whether he is criminally charged, he might face two wrongful death and two personal injury civil claims. Reportedly, the accident occurred in the early morning hours of a Saturday when the 24-year-old man allegedly disregarded a red light and crashed into another vehicle.
Motorcyclists have little protection, and they will always be vulnerable. Many wrongful death claims are filed in Florida civil courts after fatal collisions between motorcycles and other automobiles. Modern technology brings more advanced protection for motorists every year, while bikers rely on helmets and leather riding suits to limit the severity of the injuries they suffer in crashes. Thus, it is not surprising that few motorcycle riders survive collisions with other vehicles.
Before making the decision to go ahead with cosmetic surgery, it makes sense to do some research regarding the surgeon being considered for the procedure. An emergency order was recently issued to stop a Florida doctor from performing specific procedures. Reportedly, his resume indicates that his cosmetic surgery qualifications were earned by attending weekend courses. The order followed the death of a patient, which led to the medical malpractice accusations. The surviving family members of the deceased patient might also choose to take action by filing a wrongful death lawsuit in civil court.
For many people in Florida, summertime and water sports go hand in hand. However, safety authorities say boating is not always taken seriously, and rules are often disregarded. Every year, fatal water sports accidents lead to wrongful death lawsuits.
In 2012, three people died in an auto accident in Florida that was caused by a man who was sent to jail for 22 years after he was convicted on charges of reckless driving and vehicular homicide. The families of those who lost their lives recently filed a wrongful death lawsuit in a civil court. The jury awarded over $37 million to the plaintiffs.
Losing a loved one in a vehicle accident that was caused by another party is naturally traumatizing for the surviving family members. When another party's negligence or misconduct causes a fatal event, the legal term that applies is wrongful death. Many civil lawsuits in Florida follow such tragic incidents.
Learning about the unexpected death of a loved one is naturally traumatic, but when it involves another party's negligence, the trauma is typically exacerbated. Such circumstances frequently lead to wrongful death lawsuits. This might also be what follows a recent crash in Florida.