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Understanding Wrongful Death

Wrongful death takes place when a person dies as a result of another party’s intentional, reckless, or negligent actions. It can happen to anyone: adults, children, and senior citizens who are in the middle of enjoying a well-deserved retirement. In this blog, we’ll review a few common wrongful death circumstances and explain how you and other surviving family members can get justice.

Wrongful death in nursing homes

When you help an elderly loved one more into a nursing home, you trust that the staff will treat them with the respect and decency that they deserve. Sadly, there are cases where residents die prematurely, usually when the facility is not staffed by compassionate and properly-trained individuals. Conditions that have contributed to the wrongful death of a resident include:

  • Dehydration and malnutrition
  • Bedsores
  • Unsanitary conditions
  • Falls
  • Assault and other forms of physical abuse

If your elderly family member dies after being subjected to the deliberate or negligent actions of nursing home staff, Florida Statute §400.023 allows you to file a wrongful death lawsuit and hold the facility accountable for your loss.

Wrongful death in assisted living facilities

Like nursing homes, Florida assisted living facilities owe a duty of care to their residents. Florida Assisted Living Facility Residents Rights state that anyone living in a facility has the right to a safe and decent living environment, free from neglect and abuse. If lax policies, poorly trained staff, or other preventable factors result in injury or death, Florida Statute §429 provides surviving family members with a private cause of action against the facility.

If you believe that your elderly loved one died as the result of abuse or neglect at an assisted living facility, a compassionate wrongful death attorney can help you pursue a wrongful death suit.

Wrongful death on a cruise ship

Cruise line passenger injury CLAIMS ordinarily need to be submitted to the cruise line WITHIN SIX MONTHS of the negligence giving rise to the injury and passenger LAWSUITS ordinarily need to be FILED WITHIN ONE YEAR of the incident giving rise to the claim. These time restrictions on filing claims and lawsuits against cruise lines have been strictly enforced by the courts…

For many people, cruises represent the trip of a lifetime. Although most passengers have a great time and go home with positive memories, some experience accidents or malicious actions that cause their death, such as:

  • Falling overboard
  • Assaults
  • Slips and falls
  • Defective products

If you lose a loved one on a cruise ship, you may be able to file a wrongful death claim against the cruise operator. The Florida Wrongful Death Act covers fatalities in Florida state territorial waters while the Death on the High Seas Act gives family members of deceased crew members the right to recover damages if the death resulted from negligence or a problem with the ship.

Filing a wrongful death claim against a cruise ship line is complicated, but a Florida personal injury lawyer with experience in maritime law can help you navigate the complexities of the law while you focus on recovering.

Contact a Florida wrongful death attorney

You generally have two years to file a wrongful death suit in Florida (three years if the Death on the High Seas Act applies), but as time passes, evidence can be lost or mishandled and witness memories may fade. The best course of action is to contact a Florida wrongful death attorney right away.

At Goss Law, we understand that you have suffered a loss and will provide you with attentive and compassionate representation. Florida wrongful death law is multifaceted, but we have the expertise and experience needed to build a solid case against all negligent parties. To schedule a consultation with an attorney who will answer your questions and advocate for you, contact Goss Law today.

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