When is death considered "wrong"? What is a "wrongful death"

Boone and Davis has experienced Fort Lauderdale wrongful death attorneys that can ease the mind of a hapless family member who just lost a husband, a brother or a son, death at any angle is never right. It robs children of a father who could have nurtured them and provided for their needs; for a sister, a brother she could always run to when the "goings get rough" and to a mother - nothing or nobody can comprehend the sorrow that a mother feels when she loses her child.

All who may have loved the deceased lost something upon his death; not only the companionship and the affection he could have continuously given them, but also the financial help he had provided for them when he was alive, and could have continuously provided for them had he not died. This is what the law on wrongful death tries to compensate, and the exact remedy that a competent Florida accident lawyer called by the family to represent them in court should try to accomplish.

A wrongful death lawsuit is brought to court as a consequence of an injury inflicted on a person, which resulted to his death and the effect of loss that his death caused upon the lives of people who depended on him for support, both in financial and emotional aspects. In wrongful death cases, the wrongful act could be a product of negligence or recklessness, or by deliberate intent to harm someone.

What differentiates wrongful death from murder and medical malpractice?

Murder is a criminal offense; the guilt of the person charged of the offense must be proven "beyond reasonable doubt" while wrongful death is a civil case, which necessitates only a "mere preponderance of evidence" to charge a person with the offense.

In a criminal case, the person charged with an offense is considered innocent until proven otherwise and the burden of proof rests upon the jury to prove beyond reasonable doubt that the person charged indeed committed the crime. If there is an iota of doubt, the law rules in favor of acquittal of the accused. There should be a tight-lid conviction of the accused; otherwise the court will have no recourse but to rule for an acquittal.

Murder as a criminal offense carries with it the penalty of incarceration; wrongful death is for monetary compensation of the victim's family members and does not necessitate imprisonment of the person charged with the offense.

On medical malpractice cases, the negligent act of a physician may result to a wrongful death, but not all wrongful deaths are caused by medical malpractice.

It is best to consult a Fort Lauderdale auto accident attorney for a thorough explanation about this matter, including recoverable damages that the aggrieved party should seek out through the courts.

What action for damages does the Law on Wrongful Death provide?

The reason for a wrongful death lawsuit is to determine the amount of compensation for damages that the family of the deceased incurred, such as but not limited to actual medical and burial expenses; the economic loss that the family has to endure due to the wrongful death of a loved one who could have been the family's provider, including damages for pain and suffering, as the law explicitly provides.

Compensation of the amount of damages pertaining to economic loss is determined by the following factors:

• Earnings that the person could have earned if he did not die;
• Estimates of his earnings in the future.

Statute of Limitations

Statute of limitations refers to the period provided for by a state law as to when a claim can be filed in court. When the period lapsed, the right to file the claim in court is lost permanently.

As a rule shared by most states, period commences at the time the incident happens.

Who to Call

A competent Florida car accident lawyer who has proven track record in handling wrongful death cases is your best ally. It is advisable to consult your attorney as soon as the incident happens.