Wrongful Death

Wrongful Death Claim Filed Against Florida Fair

- Keith Bregoff

A family is suing the South Florida Fair after their loved one died while was holding a beam to help a forklift operator set up the attraction. The forklift operator touched an overhead power line carrying 13,200 volts of electricity with its boom, electrocuting the victim, whose family is now suing multiple parties for wrongful death.

Several Parties May Be Accountable

Both the carnival company and ride operator are being sued by the family. The forklift operator is also being sued as it is alleged that the driver was not properly licensed or trained.

Records reveal that the US Occupational Safety and Health Administration has already fined the carnival company $17,746 in safety violations connected to the victim’s death.

Common FAQs about Wrongful Death Claims

Wrongful death claims are civil lawsuits which can be brought to court when the wrongful act or the negligence of one or more parties causes another person’s death. Here we will cover some of the most commonly asked questions about these claims.

How Long Do You Have to File a Wrongful Death Claim?

In our state of Florida, you have two years from the day of death to file a wrongful death claim. For example, if a loved one passes away due to the recklessness of another on August 1, 2017, the wrongful death claim must be filed by August 1, 2019.

Who Can File a Wrongful Death Claim?

The personal representative of the deceased individual’s estate must file the wrongful death claim. This individual may be named in the deceased individual’s estate plan or their will (if there is not an estate plan or a will, the court will appoint the personal representative).

Who Can Recover Damages in a Wrongful Death Case?

The claim is filed by the personal representative on behalf of the deceased person’s estate and their surviving family members. Family members who may recover damages include:

  • Spouse
  • Children
  • Parents
  • Adoptive siblings and blood relatives who are partially or entirely dependent on the deceased individual for support

Discuss Your Case with The Law Office of Keith Bregoff

The Law Office of Keith Bregoff makes it a point to put the needs of our clients first in each case we represent. If you are suffering the untimely loss of a loved one due to the negligence or recklessness of another party, we are here to help.

We welcome you to arrange for a free consultation with Keith Bregoff today at (772) 492-8967.

Damages in Wrongful Death Claims

- Keith Bregoff

The loss of a loved one is a devastating event in many people’s lives that no amount of money can ever replace. The loss can be especially traumatic for surviving family members when the death of their loved one occurs unexpectedly in an accident.

We understand that money will never replace the loved one that you lost and the love and companionship you shared. But financial compensation for the loss of a loved one can ease the financial burdens associated with the untimely death of a loved one, helping family members move on from their tragic loss.

Wrongful Death Compensation

In Florida, families are entitled to recover economic and noneconomic losses by filing a wrongful death claim against the persons responsible for their loved one’s death. Economic damages can cover:

  • Loss of past and future financial support
  • Loss of inheritance
  • Loss of the value of services
  • Funeral and burial expenses

You can also recover noneconomic damages for the:

  • Loss of love, affection, companionship, society, moral support, and loss of consortium for a spouse
  • The loss of a parent’s training and guidance in the case of minor children

In some situations, the family can also recover punitive damages which are intended to punish the defendant and deter others from engaging in similar reckless behavior.

Calculating Damages in Wrongful Death Claims

In a wrongful death claim, juries will be instructed to consider several factors such as:

  • The age of the deceased
  • The earning capacity of the deceased
  • The relationship of the deceased with the individuals bringing the lawsuit

At the Law Offices of Keith Bregoff, our Vero Beach wrongful death damages lawyers have represented families in all types of fatal accidents, including construction accidents, truck accidents, airplane crashes, car accidents, medical malpractice and other serious accidents. We are prepared to fight for your right to receive fair compensation before a jury.

Our experienced and skilled attorneys can work closely with your family to help recover all available damages under the law. To schedule your free initial consultation, please call our wrongful death attorneys at (772) 492-8967 or fill out the contact form on this page.