When a tragic death occurs at a workplace in Port St. Lucie due to potential negligence, the determination of liability becomes a critical issue under Florida’s wrongful death laws. Understanding who may be held responsible requires navigating several legal considerations, including the specifics of the incident and the relationships between the parties involved.
Our skilled Port St. Lucie wrongful death attorneys are here to help you and your family recover the compensation you need to move forward financially. Please call (561) 655-1990 to schedule your free consultation.
Determining liability for a workplace death in Port St. Lucie
The Florida Wrongful Death Act, found in Florida Statutes Sections 768.16-768.26, governs how wrongful death claims are handled in the state. This statute allows certain family members or the estate of the deceased to file a lawsuit if the death was caused by a wrongful act, negligence, default, breach of contract, or warranty by another party.
In the context of a workplace death, several scenarios could lead to a wrongful death claim.
Employer negligence
Suppose the death resulted from the employer’s failure to provide a safe working environment, maintain equipment, or adhere to safety regulations. In that case, the employer might be liable under wrongful death statutes, notwithstanding workers’ compensation laws.
Manufacturer liability
If faulty equipment or machinery caused the death, the manufacturer could be liable if the product was defective or lacked proper warnings.
Third-party actions
If an outside party, such as a contractor or a vendor, acted negligently, leading to the death, that party could also be held liable.
Legal process for pursuing a wrongful death claim in Port St. Lucie
For families considering a wrongful death claim in Port St. Lucie, understanding the legal process is crucial.
Statute of limitations
Florida law requires wrongful death lawsuits to be filed within two years from the date of death. Failing to meet this deadline can bar the right to sue.
Damages
Compensation in a wrongful death case may include medical and funeral expenses, loss of the deceased’s expected earnings, loss of companionship and protection, and mental pain and suffering of surviving family members.
Legal representation
Engaging an experienced wrongful death attorney in Port St. Lucie is vital. An attorney can help investigate the circumstances of the death, identify all potentially liable parties, and navigate the complex legal proceedings to seek justice and compensation for the family.
Taking action after a workplace death
If you’ve lost a loved one due to a workplace incident in Port St. Lucie, taking the following steps can be crucial:
- Document the incident – Collect all possible information and evidence from the scene, including witness statements and available surveillance footage.
- Report the death – Ensure that the death is reported to the necessary state and federal authorities, which may include OSHA if workplace safety violations are suspected.
- Seek legal counsel – Consult with a knowledgeable wrongful death attorney who can provide guidance specific to your case’s circumstances, helping to ensure that your rights and interests are fully protected.
We’re here to secure justice and compensation
Liability for a workplace death in Port St. Lucie can fall on different parties depending on how the incident occurred. Families affected by such a tragedy should seek the assistance of an attorney who specializes in wrongful death claims to explore their legal options.
The team at Lytal, Reiter, Smith, Ivey, and Fronrath is equipped with the expertise to handle these sensitive cases, ensuring that families receive the compensation and justice they deserve after such a devastating loss.
