Ocala, FL Wrongful Death
Losing a family member is one of the most difficult events in a person’s life. While nothing can bring your loved one back, legal action against the negligent party can ease the financial burden associated with a tragic event. Though this is a difficult time, the sooner you contact a wrongful death attorney in Ocala, FL, the better.
Wrongful Death Claims in Florida
In order for a Ocala wrongful death lawyer to be able to assist you, the incident must legally constitute wrongful death. According to Florida’s Wrongful Death Act, a party is liable for a lawsuit when a death has been caused by any “wrongful act, negligence, default or breach of contract or warranty.” Wrongful acts would include any intentional actions, such as physical assault or battery that resulted in their death. Negligence would include any incident in which a person fails to behave like any reasonable person would have in a similar situation. Breach of contract and warranty apply when a company has faulty equipment or products.
Manufacturers and designers are supposed to create products that are safe for consumers. If they fail to properly test their product before selling it or do not adequately explain the risks to consumers, manufacturers can be held liable.
Motor Vehicle Accidents
Drivers are required to operate cars responsibly. This includes awareness of other cars and pedestrians, adherence to the rules of the road, and necessary adjustments to road conditions. If these steps are not taken, you may be able to hold the other party at fault with the help of an Ocala lawyer.
With any level of expertise comes responsibility. Patients trust their medical professionals to know what they are doing and to act appropriately. If the actions of medical practitioners do not align with the standards of expected medical care, they may be held accountable for any subsequent deaths.
Employers are legally required to create a work environment that satisfies OSHA’s requirements. If they are unable to do so, workers may be in danger of burns, falls, explosions and many other lethal accidents.
How a Wrongful Death Attorney Can Help the Deceased’s Family Members
Those who are able to file a wrongful death claim must be related to the deceased person as a spouse, parent, child, financially dependent blood relative or financially dependent adoptive sibling. The compensation awarded in these cases is meant to shift the financial burden of the incident from the remaining family members to the party that was responsible for the death. Therefore, money can be awarded to cover funeral costs, medical bills, loss of financial support and services, loss of companionship or parental guidance, and pain and suffering of the survivors. The court may also choose to include punitive damages if the actions of the guilty party were intentional or severely negligent.
Personal Injury or Wrongful Death Lawsuit?
It is important to learn the differences between personal injury claims and wrongful death claims. Both cases involve gross negligence of another party. However, the compensation that is being sought slightly differs in that wrongful death claims can result in not only medical bills and wages lost, but also funeral expenses and lost companionship and guidance. Additionally, wrongful death claims are filed by the deceased’s benefactors while personal injury claims are filed by the victim of the accident. These claims are not able to be filed simultaneously. If a claim has already been filed with a personal injury law firm in Ocala when the injured party passes away, the case will be invalidated. Survivors are then free to pursue a wrongful death claim.
Personal Injury Law Firms in Ocala, FL
During this difficult time, it is vital that you find Ocala personal injury lawyers who will be compassionate but will also work tirelessly for your rights and the rights of your deceased loved one. At Schatt Hesser Mcgraw, we treat each case differently in order to develop a strategy that will meet your specific expectations. Contact our office today to learn about your legal options.