Understanding Wrongful Death Claims for Workplace Accidents in Florida

Losing a loved one is never easy, and when it happens due to a workplace accident, it can feel even more overwhelming. If you are facing such a tragic loss, it is completely understandable that you may feel confused, angry, or unsure about how to proceed. The emotional weight of losing someone in an accident at work can be heavy, and the legal process that follows can seem complicated. However, if this situation applies to you, know that you are not alone, and there is help available. A wrongful death claim for a workplace accident in Florida may be the path to seeking justice and financial support for your family.

What is a Wrongful Death Claim?

A wrongful death claim is a legal process where the family of someone who has passed away due to another party’s negligence can seek compensation. In the case of a workplace accident, if an employer, coworker, or another third party was responsible for the accident, the surviving family members may have grounds to file a wrongful death claim. This type of claim allows the family to recover compensation for medical bills, funeral costs, lost wages, and emotional pain and suffering caused by the death.

How Workplace Accidents Lead to Wrongful Death Claims

Workplace accidents can happen in many different industries, from construction sites to office buildings. In Florida, as in other states, employers have a legal obligation to provide a safe working environment for their employees. When an employer or another party fails in this duty, the consequences can be fatal.

For example, a construction worker might lose their life due to faulty equipment or a failure to follow safety procedures. Similarly, an office worker might suffer a fatal injury due to unsafe conditions or lack of proper training. These tragic events may lead to wrongful death claims, allowing the surviving family members to hold the responsible parties accountable.

Proving a Wrongful Death Claim in Florida

To file a wrongful death claim after a workplace accident, it is essential to prove that the death was caused by someone else’s negligence or intentional actions. This often involves gathering evidence, such as accident reports, medical records, witness statements, and other documents that can establish that the employer or a third party was at fault.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Florida law requires that the family members or personal representative of the deceased file the wrongful death claim. It can be a difficult process to prove negligence, but with the right legal support, it can lead to a successful outcome. In the case of a workplace accident, this often means showing that the employer or another responsible party failed to follow safety regulations, failed to maintain equipment properly, or did not provide proper training for the workers.

Common Types of Workplace Accidents Leading to Wrongful Death

There are several types of workplace accidents that commonly lead to wrongful death claims. These can include falls from heights, accidents involving heavy machinery, electrocution, vehicle accidents, exposure to hazardous materials, and more. Some industries, like construction and manufacturing, are more prone to these types of fatal accidents due to the nature of the work.

Each of these accidents may involve different causes and different parties who could be held liable. For example, if an accident occurs due to defective equipment, the manufacturer of that equipment may be held accountable. On the other hand, if the accident happened because of unsafe working conditions or improper training, the employer may be responsible.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

What Damages Can You Recover in a Wrongful Death Claim?

If your loved one has died in a workplace accident in Florida, you may be entitled to a range of damages in a wrongful death claim. These can include both economic and non-economic damages.

Economic damages are the tangible losses, such as medical expenses incurred before the death, funeral and burial costs, lost income that the deceased would have earned, and the value of household services the deceased would have provided.

Non-economic damages are harder to quantify but can be just as important. They may include compensation for the emotional pain and suffering that the family members have experienced due to the loss of a loved one. Florida law also allows for compensation for the loss of companionship, guidance, and support that the deceased would have provided.

In some cases, punitive damages may also be awarded. These are intended to punish the defendant for their actions and deter others from committing similar acts of negligence. Punitive damages are typically only awarded in cases where the defendant’s actions were particularly reckless or intentional.

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The Role of Workers’ Compensation in Workplace Fatalities

In Florida, workers’ compensation insurance is generally available to employees who are injured or killed on the job. However, workers’ compensation typically does not provide compensation for the pain and suffering that comes with a loved one’s death. Additionally, workers’ compensation benefits may be limited and may not fully cover all of the costs associated with a wrongful death claim.

If your loved one’s death was caused by a workplace accident, and workers’ compensation is available, it may provide some compensation, but a wrongful death claim may still be pursued. This is especially true if third parties, such as contractors or equipment manufacturers, were involved in the accident. In such cases, pursuing a wrongful death claim in addition to workers’ compensation can help recover the full range of damages you are entitled to.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

How an Attorney Can Help You With a Wrongful Death Claim

Filing a wrongful death claim can be complex, and it can be difficult to know where to start. Navigating the legal process while dealing with the emotional aftermath of losing a loved one is an overwhelming experience. That’s where a compassionate and experienced wrongful death attorney can make all the difference.

An attorney can help you gather and present the necessary evidence, navigate the complex legal process, negotiate with insurance companies, and, if needed, represent you in court. Your attorney will also work to ensure that all damages you are entitled to are considered and pursued.

At Serrano Law, we understand the pain you are going through and the difficult decisions you must make during this time. Our team is here to help guide you through the process, ensuring that you understand your rights and options every step of the way.

If you have lost a loved one due to a workplace accident in Florida, it is important to know that you have the right to seek justice and compensation. A wrongful death claim can provide the financial support your family needs and hold the responsible parties accountable for their actions. At Serrano Law, we are committed to helping families like yours find justice during this difficult time. Contact us today to discuss your case and let us help you achieve a successful outcome.

To learn more about this subject click here: Wrongful Death Claims Involving Workplace Accidents in Florida

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