It’s never easy to lose a loved one, but it’s even more traumatic when the death was caused by another’s negligence. Aside from shaking up your mental well-being, such an accident can destroy your financial stability. If a loved one passes away from negligence or malpractice, you may want to pursue justice and monetary compensation by filing a wrongful death or medical malpractice negligence claim.
At Josh Jones Law, P.A., we are familiar with the challenges and emotions associated with wrongful death and medical malpractice cases. We will work tirelessly to assemble evidence and witness testimony to establish your claim. With our assistance, you can hold the responsible party accountable and recover damages.
Continue reading as we discuss the critical distinctions between wrongful death and medical malpractice negligence cases so that you can learn how to seek compensation if you have lost a loved one.
What Are the Key Elements in a Wrongful Death Case in South Florida?
Wrongful death is a blanket term covering deaths that result from negligence associated with many different types of accidents, including medical malpractice and malice. Typically, you may claim wrongful death if your loved one’s death occurred from someone else’s wrongdoing.
Some common wrongful death cases include those resulting from:
- Motor vehicle accident
- Accidental food or drink poisoning
- Faulty product malfunction
- Work accident
- Non-barricaded construction site
- Violent criminal acts like homicide or assault
- Medical malpractice negligence
A wrongful death case should include the following key elements:
- The liable party: The responsible party may be a person or an entire organization who acts negligently, causing a person’s death. This person might have been an employee on duty who did not complete their job correctly, the business owner where the death occurred, or the other driver in a car accident.
- Evidence: To win the case, you must prove that the liable party acted in a negligent way that took someone’s life. Often, this evidence might include video footage, witnesses, and photos from the scene.
Compensation: To receive payment as the surviving family member, you must be able to provide proof of all medical bills and associated costs, including loss of income, loss of household services, and emotional trauma.
Can I Sue the Hospital for the Death of a Family Member?
Medical malpractice negligence is a category of wrongful death, but it can include injuries that do not result in death. If your loved one experienced medical malpractice, you could receive compensation for the additional medical bills and loss of income.
Some examples of medical malpractice negligence include cases in which:
- Nursing home staff mistreats or neglects a patient
- Hospital staff fails to treat a patient adequately
- A nurse or doctor accidentally provides a patient with the wrong medication or treatment
Hospitals are enormous, expensive organizations that often deal with lawsuits, so winning a case can be difficult. To sue the hospital for the death of a family member, you must be able to prove the following:
- The hospital failed to provide adequate care
- A medical professional’s negligence caused harm
- The injury or death created expensive bills
You may also sue the hospital if the patient did not consent to their procedure or medication, even if it was an adequate and necessary treatment.
How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit is a legal action that a civil court will rule over. Lawsuits do not create criminal charges for the liable party, although in some violent scenarios, there may also be a criminal case.
To create the lawsuit, you must be closely related to the deceased (child or spouse). Once in court, your wrongful death attorney will fight to prove that a negligent action directly led to the death of your loved one. The court will determine your compensation amount if you can prove this negligence.
Why Is Having a Wrongful Death Lawyer Important?
If your loved one recently died from a tragic accident due to someone else’s negligence, you might immediately search online for “wrongful death lawyers near me.” Everything that happens after your accident, like speaking with insurance adjusters, can damage your case if you do not know the proper way to proceed. An attorney should advise you every step of the way.
A wrongful death lawyer will help you build your case, collect evidence, and represent you in court. Losing a family member is devastating, but finding someone who can help you seek maximum compensation for the accident can help you begin to recover.
Josh Jones Law, P.A.: Proudly Serving Our Florida Neighbors in Broward and Miami-Dade Counties
At Josh Jones Law, P.A., we’re ready to help our neighbors in the Miami, Fort Lauderdale, Miami Gardens, Miramar, Lauderhill, North Miami, Hollywood, and Homestead communities. To learn more, download a copy of our complimentary Personal Injury Toolkit.
We want to help people like you learn your rights to get just compensation for your loss. Our law firm understands how difficult it is to lose someone you love, and we want to do our part to make that less stressful for you.
If your loved one recently died due to negligent behavior, schedule a free consultation with our compassionate, knowledgeable, and experienced wrongful death attorney by calling (305) 677-8846 or filling out our online form. You won’t pay any fees until and unless we win your case.
Copyright © 2022. Josh Jones Law, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Josh Jones Law, P.A.
15715 South Dixie Highway, Suite 214
Miami, FL 33157
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