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The phrase “wrongful death” has a specific legal meaning, and refers to any death that has occurred by wrongful means, whether caused by an intentional, reckless, or negligent act of another. A wrongful death lawsuit is a personal injury claim, and does not depend upon how the death occurred; thus, a claim lies whether the death occurred by medical negligence, a car accident, an intentional killing, or any other wrongful means. At the Flaxman Law Group, our South Florida personal injury attorneys understand how difficult dealing with the death of a loved one can be, and we work diligently with our clients to ease the process of recovery.
As a general rule, in order to obtain legal recovery for a wrongful death, a plaintiff (or plaintiffs) must be able to show four elements. First, the plaintiff must show that the death was caused, at least in part, by the conduct of the defendant. Second, the death was caused by conduct that was negligent or intentional, or that the defendant, by law, is strictly liable for the death (usually, strict liability lies where there is a special relationship between the defendant and decedent that places the defendant in a position of legal responsibility). Third, the plaintiff is a legally-eligible survivor of the defendant, such as a spouse, child, parent, dependent, or the administrator of the decedent’s estate (on behalf of the estate’s beneficiaries). Finally, the plaintiff must be able to show that monetary damages have resulted from the wrongful death.
The Flaxman Law Group can help. We have many years of experience in wrongful death suits, and can evaluate the legal implications of your situation, from knowing whether your case has legal merit to understanding the intricacies of the law regarding which damages are recoverable based upon your specific situation. We are also adept at undertaking the complicated calculations that go into figuring out the potential recovery for matters such as lost future income and the loss of services.
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