Rudy Ramjeawan, Attorney, Wrongful Death
The term, Wrongful Death is defined as a civil action, in which monetary damages are sought against a party for causing a death, either intentionally or due to negligence. This is addressed in Florida Statutes 678.18 and the Statute of Limitations is two years from the date of the death. Wrongful death lawsuits hold individuals, companies or employers accountable for their actions.
Perhaps the most notable example of a Wrongful Death claim is that of O.J. Simpson. He was acquitted criminally of all murder charges for the death of his wife, Nicole Brown Simpson and Ronald Goldman. A civil suit was filed for Wrongful Death, by the family, and he was found liable for the death of both persons. A monetary award was granted for both families. A Wrongful Death claim is decided irrespective of a criminal trial.
Wrongful Death claims are often settled without a court trial. But if this does not happen, the Plaintiff has the responsibility to prove that the defendant owed the deceased person a duty of care. This means that the defendant had an obligation to ensure safety. This must be established to proceed with the action. The Plaintiff then must demonstrate that this duty of care was breached. The final element is that the Plaintiff must prove that the cause of death was due to this breach.
Who can file a Wrongful Death Claim?
The surviving family members of the deceased person can file this law suit. This includes a child, parents, spouse or any other relative that was supported by the deceased.
What are the economic and non-economic damages in a Wrongful Death civil suit?
Examples of economic damages that are reviewed by the court include medical bills, funeral expenses and lost wages over a lifetime. Also considered are the benefits that the deceased would have had if they had lived out their life. Non-economic damages are more difficult to assess. In the loss of a child, the mental and emotional suffering of the parents is considered. In the loss of an adult, there is pain, suffering and loss of companionship. Calculating these losses can be difficult and can require the expertise of Professionals. For losses such as mental pain and suffering, it is necessary to demonstrate the quality of the relationship. For example, a wife who is separated from her husband may have difficulty convincing the court of her level of mental anguish. Punitive damages can be awarded in specific circumstances.
Examples of Wrongful Death;
- Motor Vehicle accidents including cars, trucks, motorcycles, bicycles and pedestrians.
- Product liability claims.
- Work place accidents.
- Nursing 贵州福彩app下载 or Hospital abuse and neglect.
- Birth injuries.
- General medical malpractice.
- Medical misdiagnosis.
- Slip and fall deaths.
- Prescription errors.
- Boating accidents.
- Intentional criminal actions.
The sudden loss of a loved one from a Wrongful Death causes emotional pain that can last a lifetime for the survivors. It is essential that you have an experienced Attorney, like Rudy Ramjeawan, in Kissimmee, Florida, to represent you during this difficult time. He will dedicate all the resources necessary to help you get the award that you deserve.
Schedule a free consultation
Begin the process of clearing your name and defending your rights today. Whether you’re in Orlando, Kissimmee, St. Cloud or anywhere in Florida, call the Ramjeawan Law Group, P.A., at 407-348-7839 for your FREE initial consultation. Walk-in clients are always welcome, too.