wrongful death

Who is a Party in Florida Wrongful Death Case?

Published on: October 25, 2024 | by Gerson & Schwartz, P.A.

Losing a loved one in an accident is an unimaginable tragedy, but there are implications beyond the grief. In the aftermath, financial losses come to the forefront, leaving you with questions about seeking compensation. Florida’s Wrongful Death Act allows certain individuals to file a wrongful death lawsuit to recover monetary damages for these losses. If someone else’s negligence caused your loved one’s passing, you may have a claim.

An important factor regarding your rights is who can be a party in a Florida wrongful death case. There are legal requirements, and you must comply with the rules in order to obtain the compensation you deserve after suffering such a horrific loss. A Miami wrongful death lawyer will ensure your case stays on track, whether through settlement discussion or litigation. You can also benefit from some information about the laws.

Standing in Wrongful Death Cases

How Long Do I Have to Sue for Wrongful Death in Florida?

Published on: March 29, 2024 | by Gerson & Schwartz, P.A.

Accidents and careless conduct cause injuries to millions of victims every year, but these unfortunate incidents can also be tragic when they lead to fatalities. Victims of all ages are killed when others are negligent, failing to exercise reasonable care. At-fault parties cause traffic crashes, slip and falls, construction accidents, medical malpractice, and many other deadly incidents. It is fortunate that you have legal options to recover compensation as a survivor through a wrongful death claim. However, you should also be aware of deadlines under Florida’s statute of limitations.

The statute of limitations can have harsh consequences if you take too long to pursue your remedies, but moving quickly is also important for many other reasons. You should discuss your options and the claims process with a Miami wrongful death lawyer to ensure you do not miss critical deadlines. Plus, it is also useful to review some details about how long you have for a wrongful death case.

Deadlines Under Florida’s Statute of Limitations

Does the Court Need to Approve a Florida Wrongful Death Settlement?

Published on: July 14, 2023 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree.

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

Why Time Between an Accident and the Victim’s Death Matters in Florida

Published on: February 10, 2023 | by Gerson & Schwartz, P.A.

When someone is killed in an accident, there may be two types of legal claims by surviving family members. One is wrongful death, in which they are seeking compensation not as actual victims of the incident – but as victims of the aftermath due to the void left behind by their loved one’s death. The other is a right of survival action under Florida law, which views the deceased person as the victim. The statute provides that the power to sue the at-fault party for negligence continues even after the death, where the victim could have pursued a lawsuit if he or she had lived.

Wrongful death and survival actions might seem similar, but you can see how the laws define the victim of a fatal accident differently depending on the approach. This factor is especially important when a significant amount of time has passed from the date of the accident to the date of death. You can learn details by consulting with a Miami wrongful death lawyer.

Survival Actions and Noneconomic Damages

How Damages Work in a Florida Wrongful Death Case

Published on: August 26, 2022 | by Gerson & Schwartz, P.A.

Americans enjoy a rather long life expectancy at around 79 years old, but accidents are a common reason that this duration may be cut short. According to the US Centers for Disease Control and Prevention (CDC), almost 214,000 people are killed every year because of unintentional injuries, many of which are preventable. There is a common assumption that car accidents are a top cause of fatalities, and motor vehicle collisions do rank high. However, with the opioid crisis and widespread availability of fentanyl, unintentional poisonings take the #1 spot.

Losing a loved one is tragic, but the resulting financial implications affect your life in ways you did not expect. Florida wrongful death laws do provide you with legal remedies, so you may qualify to recover compensation after a horrific accident. A Miami wrongful death lawyer will handle all important legal tasks, and some information on monetary damages is also helpful.

Compensation in Fatal Accident Claims

South Florida Swimming Pool Accident Claims Three Lives

Published on: March 11, 2022 | by Gerson & Schwartz, P.A.

Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned.

A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.

Defective Pool Equipment in Swimming Pool Accidents

Wrongful Death Versus Survival Actions in Florida Personal Injury Cases

Published on: February 25, 2022 | by Gerson & Schwartz, P.A.

While accidents might have been knocked down a notch by COVID in the last two years, unintentional injuries are still the fourth leading cause of death in the US. The US Centers for Disease Control and Prevention (CDC) reports that more than 200,000 people are killed every year in preventable accidents, with falls and motor vehicle collisions topping the list. For surviving loved ones whose lives are forever changed, the grief and devastation can be overwhelming. In time, the victim’s family will also sustain significant financial losses from the void left behind.

Fortunately, Florida personal injury laws provide legal remedies after someone dies from unintentional injuries. There are two in particular that may apply if you recently lost a loved one — a wrongful death lawsuit OR a survival action. Though these options stem from the same fatal incident, they are different. A Miami wrongful death lawyer can explain the details, and you might find an overview to be informative.

Different Actions From the Same Fatal Incident

Evidence Needed to Prove a Florida Wrongful Death Case

Published on: October 1, 2021 | by Gerson & Schwartz, P.A.

Motor vehicle collisions, defective products, slip and falls, and many other accidents are a leading cause of injuries in the US, but you might be shocked to learn how often these incidents are fatal. The US Centers for Disease Control and Prevention (CDC) reports that almost 214,000 individuals are killed because of unintentional incidents, making accidents the #3 cause of death nationwide. Fortunately, Florida wrongful death laws provide surviving family members with options, so you might qualify to recover compensation for your extensive losses. However, proof is an essential component of any personal injury case. It can be tough to come by when the primary witness died because of someone else’s negligence. In such a claim, you must show that the victim died as a direct result of the at-fault party’s misconduct, along with other legal requirements. Your Miami wrongful death lawyer will take the lead in gathering information, but it is helpful to know the evidence needed to prove such a case.

Proof of Key Elements

The initial element you must establish in a negligence-based case is that the responsible party owed a duty to your loved one. Proof is relatively straightforward, since everyone is legally obligated to act with reasonable care and avoid creating a risk of harm to others. With respect to other elements, note the following details on evidence: