A family in Alabama has filed a wrongful death lawsuit for the death of a loved one, though form whom the suit has been filed will likely come as a bit of a surprise.
The family, which included a boy and his grandmother, was visiting Disney’s Animal Kingdom when a snake unexpectedly fell from the tree and bit the boy. The boy received first aid on site and his wound was cleaned and a bandage applied. The family declined any further medical help and returned to the park later that day.
The snake was determined to be non-venomous and the bite was not serious. However the boy’s grandmother passed away two days later, of a heart attack.
A Senior in “Perfect Health” until Incident
The family’s lawyer described the recently deceased woman as being an older person (in her late eighties to early nineties) who was in perfect health. The family believes that the stress from the incident is what led to the heart attack.
What Is Wrongful Death in Florida?
Florida Statutes section 678.18 defines ‘wrongful death’ as being when a person dies as a the result of the negligence, default, wrongful act, or breach of contract of another person or entity. In such situations the estate of the deceased individual may file a civil lawsuit in Florida.
Who Can File a Wrongful Death Claim?
Here in Florida, the “personal representative” of the deceased individual’s estate must file the wrongful death claim. A personal representative will be named in the deceased person’s estate plan or will. If one is not named, the court will appoint one.
Who Can Recover Damages?
The wrongful death claim may need to be filed by the personal representative, but a handful of individuals may be able to recover damages, such as:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
- Any blood relative or adoptive sibling who is partially or completely dependent on the decedent
Why Seek Legal Counsel
If you have lost a family member because of the reckless, negligent, or careless actions of another person, you and other loved ones may be entitled to substantial financial compensation.
Keith Bregoff, PA is a compassionate and professional attorney who will provide you and your family with the support you need. We invite you to contact us today, at (772) 492-8967, to arrange for your free consultation.