February 19, 2015
In 2009, legendary musician Michael Jackson passed away from acute propofol and benzodiazepine intoxication after suffering from a cardiac arrest. Jackson’s death was eventually ruled a homicide after it was determined that his physician, Conrad Murray, administered the drugs in a negligent manner. Following homicide charges, Jackson’s father filed a lawsuit against Murray claiming his son had been the victim of wrongful death. Conrad Murray would never be charged with wrongful death, but the incident left many wondering if Jackson’s death was preventable and should be considered to be wrongful.
Wrongful Death Defined
In Florida, a wrongful death is defined as the loss of life due to the negligence of another. The purpose of wrongful death lawsuits is to hold the responsible party liable for a death that could have been prevented. In many cases, wrongful death lawsuits garner compensatory damages for relatives and loved ones who were supported by the individual who passed, whether financially or emotionally. While the case regarding Michael Jackson’s death is unique, the most common causes of wrongful death are typically car accidents, birth injuries, medical malpractice or accidents in the workplace.
Who Is Affected By Wrongful Death?
Many people can be affected by the wrongful death of a loved one and may seek compensatory damages as a result. Who can sue for wrongful death varies from state to state, but may include the following individuals:
–Immediate Family Members
–Siblings
–Parents and Grandparents
–Life Partners
–Putative Spouses
–Financial Dependents
–Any Individual Who May Suffer Financially
–Parents of a Deceased Fetus
What Are Wrongful Death Damages?
When a wrongful death occurs, damages can be awarded to various family members or other close individuals to cover pain and suffering, funeral damages and the like depending on the circumstances. Under the Wrongful Death Act, there are three different types of damages that can arise when a wrongful death occurs. These damages are:
Support: This includes monetary support as well as other contributions being made by the deceased.
Services: Services include all of the tasks that were regularly performed by the deceased individual that will require extra expenses to the survivors. For example, housework or yard work is often included under services.
Net Accumulations: This includes the deceased’s expected salary or income, including pension benefits and retained savings.
When to Call an Attorney
If your loved one lost their life due to the negligence of another, you could have a wrongful death claim. If you believe you have a claim, it is important to contact a legal professional right away. Seeking compensatory damages for the death of your loved one is stressful enough, but the legal team at the Khonsari Law Group can guide you through this trying time and garner the compensation you deserve. To learn more about the Khonsari Law Group and how we can help you, contact us today or click here to schedule a free consultation.