Saturday, November 6, 2021

An Overview of Wrongful Death Claims

Michael Kalil has a JD from Stetson College of Law. Before becoming a Circuit Court Judge of the Fourth Judicial Circuit in Jacksonville, Michael Kalil was a trial lawyer in Florida with the Law Offices of John S. Kalil, P.A. As an attorney between 2011 and 2020, he was involved in personal injury and wrongful death cases throughout Florida.

The Centers for Disease Control and Prevention statistics indicate that deaths by unintentional injury are the nation’s fourth leading cause of death. According to CDC there are over 160,000 deaths annually due to accidental injuries in the US.

Wrongful death claims can range from simple car accidents to product liability malpractice or complicated medical malpractice. Individuals, companies, and governmental agencies may be at fault legally for acts of negligence.

Every state across the US has its unique laws that guide who can file a wrongful death claim and who can recover damages for such deaths. For example, according to Florida statutes 768.21, a survivor who paid funeral expenses after the wrongful death of kin may recover such costs.

In some instances, certain agencies or persons may be immune or exempt from a wrongful death claim or lawsuit. For example, federal laws protect defendants from specific wrongful death liability in railroad collisions and product liability cases related to medical devices.

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