Wrongful Death Cases, with Real-World Examples

Context is everything.  Though we try, sometimes as lawyers we are so engrossed in litigation that we don’t always clearly explain the relevant legal concepts to our clients.  Accordingly, in this article, we plan to give information about wrongful death cases through a number of examples of wrongful death cases.  

If, after reading this article, you have additional questions about your own situation, then we welcome you to contact the wrongful death lawyers in Stuart, FL – Crary Buchanan.  At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.  

Our personal injury attorneys in Stuart are passionate about giving you the highest quality representation.  Call us today at 772-287-2600 , or schedule a free estate planning to consult online with our online contact form . 

A wrongful death claim arises when a person dies due to the negligence of another.  A wrongful death claim brought in connection with that tragedy is a civil claim filed by a family member of the deceased person against the shopping center.  

To prove wrongful death, a family member with the help of an attorney must prove that (i) the defendant committed a wrongful, negligent act; (ii) the act caused the person’s death, and (iii) the act would have been grounds for a lawsuit by the deceased if the person had not perished in the accident.  In Florida, a family member of the deceased must bring a wrongful death claim within two years of the accident.  

As you may expect, car accidents are a primary source of wrongful death actions.  In one case that our firm handled, a woman was driving when her baby made a concerning sound while in his car seat in the backseat of the vehicle. The woman pulled the car over to the shoulder of the road, engaged the emergency brake, turn on her hazard lights, and then got out to check on the baby. 

When she was sure everything was fine, she climbed back into the driver’s seat.  At that moment, another car struck her car, killing the baby in the backseat, and causing serious injuries to the mother.  In that tragic case, both the baby’s mother and father had wrongful death claims against the other driver, and his insurance company, for the baby’s death.  The wrongful death award was approximately $1 million.  While such a sum could never bring back that poor child, it at least could help with the incredible suffering that the parents experienced.

In another car accident wrongful death case, the deceased was involved in a head-on collision with another driver. As it turned out, the other driver was leaving a work Christmas party and was intoxicated.  Although the deceased was also intoxicated at the time of the accident, the deceased’s wife and child instituted a wrongful death action against both the other driver and the other driver’s employer, given that he was leaving a work function.  Despite the deceased’s blood alcohol content, the case settled for the employer’s and the employee’s insurance policy limits, thereby giving the deceased’s family over $500,000.

Another common type of wrongful death action involves defective products.  For example, the driver of a pickup truck that was modified with oversized tires and was given an after-market higher suspension sustained a major tire blowout, which caused the driver of the vehicle to hit oncoming traffic, injuring a father and killing the child in the car that was hit.  In the subsequent wrongful death action, the grieving parents sued both the driver and the tire manufacturer.  Ultimately, the parents received a multi-million dollar settlement.  

After a loved one dies, it is a hard time on every level: physically, emotionally, and often if your family member contributed income towards your household, financially.  If you believe another person’s negligence caused your relative’s death, you deserve the opportunity to fight for justice and compensation.  But if you are not aware of your state’s laws surrounding wrongful death and the legal process that you must follow, your case could be dismissed.

Before you head to court, write a list detailing the pain and suffering your family has endured, the medical and funeral expenses you’ve had to pay, the deceased’s lost wages and benefits, and future lost wages for your family. Hiring a personal injury attorney  is a vital step –you will need their counsel and guidance throughout the days ahead.

At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of personal injury law.  You can depend upon our 85 years of experience in the Florida legal industry. 

Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr.  Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old.  He became a municipal judge at the age of 25 and served as County Attorney for 23 years. 

During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature.  In 1945 he was elected to the Florida House of Representatives.  He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate.  Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.

Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations.  Our team is here to meet your need and exceed your expectations.  When you work with us, you can have confidence that a caring legal advocate is on your side.

If you have more questions or want a dedicated personal injury attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form .  You can always depend on Crary Buchanan for community, experience, and trust.  Call today.  

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