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Fort Lauderdale Workers' Compensation Lawyer > Blog > Uncategorized > Florida Wrongful Death Statue Narrows Eligibility For Survivors

Florida Wrongful Death Statue Narrows Eligibility For Survivors

Proving a wrongful death case within the state of Florida is complicated and often problematic. When the cause of a person’s death is due to another’s act of negligence, showing proof is never easy.

Due to Florida’s workers’ compensation laws, many people generalize and dilute the implication of their rights to sue employers. Although an employee forfeits his rights to sue for any injury incurred at work, a person can still maintain his eligibility to sue for loss due to wrongful death that occurs at the workplace under very specific conditions.

Proof Required to Show Wrongful Death in Workplace

  1. The employee did not cause his/her own death. The death was caused by the negligence, recklessness, or deliberate act of the employer or employee. Florida law states that one must be “virtually certain” that the employer was aware of the hazard and did not protect the employee from harm.
  2. The victim’s survivors must prove to the court that they suffered considerable damages as a result of the employee’s death.

Damages Eligible for Compensation

  1. Medical bills pertaining to workplace injury or death
  2. Burial expenses
  3. Compensation for lost wages, had the victim lived to normal life expectancy
  4. Compensation for pain and suffering due to wrongful death loss
  5. Punitive damages, if applicable

Broward County wrongful death acts that occur within the workplace are often complicated and require immediate expert advice. Wrongful death claims must be processed within two years and are limited to survivors and dependents who are not considered the age of an adult. Call an experienced South Florida Wrongful Death Attorney to secure essential evidence needed to prove your case.

A skilled Broward County Wrongful Death Attorney can assist victim’s family and survivors process their settlements. Contact the Law Office of David Benenfeld for a FREE consultation to help you with your claim. Call: 954-677-0155.

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