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What’s the difference between a personal injury claim and a wrongful death claim?

What is a wrongful death claim?When a person is injured through someone else’s negligence, they have the right to pursue damages through a personal injury claim. However, if a victim suffers a fatal accident, the right to sue passes to their family members and is now called a wrongful death claim.

Types of Accidents and Injuries That May Lead to a Florida Wrongful Death Claim

Under Florida law, any injury caused by a “wrongful act, negligence, default, or breach of contract or warranty of any person” entitles a victim to recover damages. 

A wrongful death claim may follow many different types of injury cases where someone has died, including:

  • Motor vehicle accidents. These are common causes of wrongful death, especially for victims of drunk drivers, truck crashes, pedestrian injuries, and motorcycle accidents.
  • Slips and falls. A dangerous slip or fall could give rise to a premises liability action, forcing a negligent property owner to pay for damages.
  • Dog bites. A dog attack on a child or senior citizen may result in death, causing severe emotional trauma and pain and suffering to the family.
  • Defective drugs. Parents and family members of victims who were killed by a fatal overdose, drug interaction, or defective medical device could sue the product manufacturer for wrongful death.

While no amount of money can replace a lost loved one, a wrongful death claim might offer closure and compensation for you and your family. Damages may include significant payments to the deceased person's estate, including lost wages, benefits, and medical and funeral expenses.

If someone in your family was fatally injured through negligence, attorney Paul Cavonis will listen to your story and explain your rights and options under the law. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions.

 

Paul R. Cavonis
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Injury Law and Board Certified Civil Trial Attorney