Passengers aboard a cruise ship where four people have died, while many others including the crew fell ill to COVID-19 have been stranded and others are worried about contracting the deadly disease. If a person died on the cruise ship because they became infected when inadequate measures were made to remove them from the infectious situation, is there an argument for wrongful death? Wrongful deaths occur from accidents, medical malpractice, criminal acts, police brutality, and products liability errors. In the State of Florida, if a person dies due to a wrongful act caused by negligence, breach of contract or default, a deceased person’s estate may file a civil suit for a legal remedy for the death and losses related to it.
If death occurs due to medical malpractice, the family members who can sue are
Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.
If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child’s father dies, however, the child can only recover damages if the father recognized the child as his own and was obligated to support the child.
Statute of limitations.
A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be postponed, under a few very specific circumstances making legal representation valuable.
Monetary damages can only be sought after in a wrongful death civil action by a representative of the deceased’s estate, but if the death was a result of criminal activity, punitive damages may also be sought after.
Florida Statutes section 768.21 sets out the state’s rules for awarding damages in a wrongful death lawsuit. Damages are based on:
The deceased person’s estate may also recover certain types of damages. These include:
Hire a lawyer.
If you have lost a loved one due to the negligence of another person, you may be able to file a wrongful death action and receive compensation for that loss. Contact a professional attorney at Madalon Law Offices for consultation and guidance with your legal claim.
150 SE 2nd Ave, Suite 300
Miami FL 33131
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074