Almost every U.S. state has some version of a wrongful death law. These laws come into play when a death is caused by an intentional or negligent act. Certain elements must be proven in order to win a lawsuit. First, the liable party must have owed the victim a duty of “due care.” Basically, this means the liable party was supposed to keep the victim safe. If the duty exists, it must be shown that the defendant violated it. A good example would be a sick person who calls 9-1-1. Medical personnel discovers the person has to go to the hospital. At that point, the ambulance driver owes the passenger a duty of care. The driver breaches his duty by driving recklessly, and the patient dies in the accident.
Also, to file a Wrongful Death Lawsuit Davie FL, causation must be proven. This means the negligent act must have caused the victim’s death. Visit the Law Offices of McCullough & Leboff P.A. to learn more. It is very important to have a lawyer in these cases. Indeed, causation can be confusing and difficult to prove. Procedurally, a wrongful death lawsuit must be initiated by the decedent’s estate. The estate is usually made up of immediate family members. However, many states allow life partners and distant family members to bring suit. Likewise, in some states, anyone who loses money because of the death can file suit. An example would be a debtor of the decedent. In addition, many birth injury cases result in lawsuits. A wrongful death action can be filed if negligence causes the death of a newborn baby. Wrongful death lawsuits may seek economic, non-economic and punitive damages. However, several states have a dollar limit on damages in a Wrongful Death Lawsuit Davie FL. Examples of economic damages include medical and funeral bills, loss of the decedent’s income and loss of benefits. Non-economic damages include the survivor’s pain and suffering and loss of consortium for a spouse. Punitive damages are awarded to punish the defendant for their behavior. A lawsuit cannot bring a loved one back. But, an award of damages can help the family to recover and move on.