In Florida, a wrongful death lawsuit is filed to allow the family of the victim to acquire compensation. As outlined in the law, wrongful death indicates that the event leading to the fatality could have been avoided. The circumstance of the fatality could include criminal action or an error. Wrongful Death Lawyers in Stuart FL help the family sort out the identified action and build a strong case.
Reviewing Criminal Circumstances Associated with Wrongful Death
Criminal circumstances that are involved in wrongful death lawsuits could include but are not limited to murders, shootings, and cases of gross negligence. These instances may include civil and criminal cases. The court may place the civil case on hold pending the outcome of the criminal case. If a liable party is proven guilty in the criminal case, the civil case is more viable.
Auto Accidents that Lead to Wrongful Death Lawsuits
An auto accident in which the at-fault driver was liable for the fatality could be linked to a DUI. The court examines any criminal charge placed against the driver as a result of the accident. If the court finds that the driver was under the influence of alcohol or a controlled substance, the driver is accountable for the fatality. The driver made a choice prior to the accident to get behind the wheel. This choice is enough to prove liability.
Medical Malpractice Lawsuits
A medical malpractice lawsuit requires the presence of a medical error. The error could include an injury during surgery, the wrong medication prescribed, or an act of malice. The doctor’s mental state is assessed if malice is presumed.
The Need for a Medical Witness
A medical witness testifies to identify a connection between the action and the injury. If the witness is a doctor, he or she must provide testimony pertaining the proper protocol for performing the surgery or choosing the medication. The witness may also discuss the result of forensic testing.
In Florida, a family may file a wrongful death lawsuit if the fatality was avoidable. The lawsuit entitles them to compensation for medical and funeral costs associated with the victim. Any family that needs assistance should contact Wrongful Death Lawyers in Stuart FL or Contact Jeff Vastola – Attorney directly for more information.
