Miami Wrongful Death Accidents Lawyer

Wrongful Death Laws in Florida: Can You Sue Your Deceased Family Member’s Employer?

Every year, more than 5,000 people die in the workplaces across the United States. Losing your family member in any circumstances is a devastating and painful experience. But when you realize that your loved one died while trying to earn a living, and the fatal workplace accident would not have happened if it was not for the negligent or reckless actions of his/her employer, fatal workplace accidents can inflict tremendous emotional distress.

If the employer’s failure to prevent the fatal accident caused the death of your loved one, it may make sense to file a wrongful death lawsuit against him or her, but here is what you need to know about Florida laws: state workers’ compensation laws make it impossible for family members to pursue a civil action against employers.

But that does not mean that you will not be able to receive financial compensation for the loss of companionship, consortium, affection, moral support, guidance, financial support, and other recoverable economic and non-economic damages available in your case.

Our Miami wrongful death attorney from the Dante Law Firm, P.A., points out that you may still be able to file a wrongful death claim against a liable third party that caused or contributed to the fatal occupational accident.

If you cannot sue the employer, who can you sue?

Whether it was your spouse, child, parent, or grandchild who died in a workplace accident, you are probably wondering how to file a wrongful death lawsuit and sue the responsible parties for the fatal occupational accident.

As you grieve the loss of your loved one, it is highly advised to let an experienced wrongful death attorney in Miami to help you identify the responsible party(s) in your particular case. Depending on the circumstances of your family member’s death, you may be able to sue a third party (other than the deceased family member’s employer) if the death was caused by negligence, recklessness, wrongful act, omission to act, or breach of contract.

To name a few, these are potential third parties that can be sued for the wrongful death of your loved one in a workplace accident:

• • The manufacturer of a defective product, piece of equipment or machinery that caused the accident (requires proof that the product was defective or otherwise dangerous, there was a design defect, or the manufacturer failed to provide adequate warnings or instructions);
  • A third party contractor or employee from another company (as you may or may not know by now, Florida laws make employers liable for the actions of their employees, which is why, just like in the case with the employer, you may not be able to sue the employee (coworker) at your deceased family member’s company);
  • The owner of a property where the workplace accident occurred if it can be proved that the owner breached the duty of care and failed to ensure a safe environment or failed to eliminate hazardous conditions on the premises;

Any other third party that was responsible for the accident.

Economic and non-economic damages in a wrongful death suit

Many grieving families do not realize this but they can actually file both a workers’ compensation claim and a wrongful death lawsuit simultaneously. If your wrongful death lawsuit is successful, here is a non-exhaustive list of economic and non-economic damages that can be recovered in a settlement or verdict:

• Loss of consortium, guidance, advice and companionship;
• Loss of comfort, protection, and marital care;
• Medical expenses sustained before the death;
• Funeral and burial expenses;
• Loss of income;
• Lost benefits;
• Punitive damages;
• And others.

Only an experienced wrongful death attorney can help you calculate the value of your claim based on a thorough examination of your case and taking all factors into account. Contact the Dante Law Firm, P.A., for a free case evaluation today. Call our offices at 305-949-2526 or fill out this contact form.