Survivors can receive compensation for a decedent’s death’s economic and emotional impact. Florida has a wrongful death statute that allows survivors of the decedent to file a lawsuit. Generally, these cases aim to recover economic and emotional losses caused by the decedent’s death.
Compensation for the economic and emotional impact of a deceased person’s death can include compensation for the pain and suffering the surviving family members suffered. The amount of payment awarded for emotional trauma may vary by the plaintiff. For example, a spouse may receive a different compensation than a minor child.
They Can Sue The Person or Entity That Caused The Death
When an individual suffers a wrongful death, they can sue for damages to cover medical expenses, lost wages, and pain and suffering. These damages can include punitive damages designed to punish the person or entity for their negligent behavior. In addition, survivors of a deceased person may also claim survival damages, compensating them for the losses and harm they suffered after their death. A wrongful death lawyer can examine all the pertinent information and determine the appropriate compensation for your case.
The death may have resulted from medical malpractice, a car accident, a toxic tort, a defective product, or even criminal activity. In each case, the wrongful death statute will vary by state and the circumstances of the case. Some states follow a strict, no-fault standard, while others use a modified approach.
They Can Sue The Government
You might be qualified to bring a lawsuit if you or a loved one passed away due to someone else’s carelessness. The spouse usually obtains a wrongful death lawsuit, but it can be filed by family members, children, or stepchildren. Parents of minor children can also rub it. However, filing a wrongful death lawsuit against distant relatives is more complicated.
A wrongful death lawsuit seeks damages based on the pain and suffering a deceased person sustained, including medical bills and funeral expenses. It may also include punitive damages, which aim to punish the negligent party.
They Can Sue The Employer
You might be able to pursue financial relief if your loved one, due to someone else’s negligence, perished in an accident. A wrongful death lawsuit can help you obtain the compensation you need to cover funeral costs, medical bills, and other expenses related to your loved one’s death. In addition, consider pursuing a structured settlement if you can’t get a lump-sum payment from your claim. This type of settlement involves ongoing costs. While this can be an excellent option for more minor claims, a structured settlement may not be ideal for more significant claims.
You can also sue for punitive damages, which are meant to punish the person or company responsible for your loved one’s death. These are intended to punish the defendant for their carelessness or misconduct and may be capped at a certain amount. If you’re eligible for these damages, you can amend your claim to include them. It would help if you remembered that there is a statute of limitations on wrongful death lawsuits.
They Can Sue The Worker’s Compensation System.
Workers may be entitled to illegal death benefits if they die in the workplace. Workers’ compensation covers the death and related expenses. It does not cover additional damages against an employer. Nevertheless, an employer may be liable if a third party is to blame for the worker’s death.
A worker’s family might be able to sue the worker’s compensation system if the death was due to an employer’s negligence. OSHA has opened an investigation into the accident. But getting around the worker’s compensation system is a significant legal hurdle.
A third party can also be named in a wrongful death lawsuit. It alleges that a third party’s negligence or misconduct was responsible for the worker’s death. For example, a construction worker might die after being hit by a driver who violated the speed limit. In such a case, the worker’s family could file a lawsuit against the negligent driver.