The term "wrongful death" means that a person's death was due to another party's negligence, and a claim for wrongful death can be filed against another individual, group or company. Wrongful death claims are commonly filed as a result of an accident but may also include criminal acts, work related negligence and professional negligence. In order to collect for damages, you must prove that the other party was, in fact, negligent and their negligence caused the death. In most cases, a wrongful death claim must be filed by a relative of the person who died and, in some States, you must first show the courts that you have the legal right to seek damages against the negligent party.

Filing a wrongful death claim is extremely difficult for families because, not only must they deal with their grief over the death, they must also deal with a very complicated legal situation. It is important to keep in mind that the death was caused due to another's negligence and the family has the right to be compensated for their loss.

BICYCLE ACCIDENT

Over the past 10 years, bicycling has become extremely popular in the United States. It is a convenient and inexpensive method of travel, especially in large cities where traffic is congested and parking spaces are difficult to find. High tech materials and fabrication have now made bicycle riding virtually effortless and many families enjoy exploring the countryside on bicycles.

Many cities now recognize the increase in bike traffic and have constructed special bike lanes. Parks have now made trails accessible to bicycles. Even some vehicle manufacturers are now offering bike racks as standard equipment. Sadly, however, many automobile drivers do not respect the bicyclists' rights to share the roads and, more importantly, young bike riders haven't been educated on how to legally and safely share the roads with automobiles.

CELL PHONE ACCIDENTS

Cellular phones have become increasingly popular over the last few years. In fact, you may find it difficult to find a person who does not have one. In a recent Harvard study, the number of cell phone subscribers has grown from 94 million in 2000 to more than 128 million today. With so many cell phone users out there, it is not difficult to imagine how many people talk on the phone while driving.

The National Highway Traffic Safety Administration (NHTSA) states that 85 percent of all cell phone customers talk on the phone while driving. It has been estimated that 6 percent of auto accidents each year are caused by drivers talking on their phones. This total means 2,600 people will be killed and 330,000 will be injured in cell phone related car accidents this year.
 

SLIP AND FALL ACCIDENTS

A premises liability action, most commonly known as "slip and fall" is a claim brought against a negligent property owner. Most slip and fall accidents happen in commercial locations, such as grocery stores, gas stations, office buildings, etc., but can also occur on private property.

Example:

1. You are shopping at your local grocery store and sustain an injury resulting from a "foreign substance" that was left on the floor.
2. You are invited to a residence and sustain an injury resulting from a broken stair. Slip and fall claims can be tricky because you must show that the owners' negligence caused the injury. In order to prove negligence, it must be determined that the owner knew that there was a dangerous condition or, by the nature of his operation, should have known.

Although thankfully not as common, you may also have a claim against a property owner for any injury you sustain as a result of his failure to provide adequate security on the premises.

Property owners generally have the responsibility of anticipating hazards and should be responsible for maintaining their premises in a safe condition, but, all too often, they clean up or fix the danger after you are injured, thus removing the "evidence".

PEDESTRIAN ACCIDENTS

Over 110,000 pedestrians are injured every year in the United States and almost 60,000 pedestrians are killed. People of all ages are affected by these staggering statistics, but school age children and the elderly are most vulnerable. In fact, 41% of pedestrian fatalities nationwide occur between 3:00 and 4:00 in the afternoon.

Motor vehicle operators have a responsibility to adhere to the laws of the road and drive in a safe and observant manner at all times. Pedestrians are injured and killed every day due to a driver's negligence.

A few of the most common factors contributing to driver negligence are:

1. An inattentive or pre-occupied driver.
2. A driver's failure to observe posted speed limits.
3. A driver's failure to yield the right of way to pedestrians at marked cross walks.
4. A driver negligently turning at an intersection.
5. Driving under the influence of alcohol or drugs.

DOG BITE VICTIMS

Many Americans have dogs as pets. Dogs are friendly and make good companions to many Floridians, but any dog can hurt someone when they get scared or try to protect their owner, puppies, or food. Your dog may be gentle and welcoming 99% of the time, but the possibility of him or her biting another person is always there.

Over 330,000 people are treated in emergency rooms each year across the country after being attacked by a dog.

In Florida, the dog owner is the liable party in dog bite lawsuits. It does not matter if the owner did not know the dog would attack another person. The owner must pay for all of the medical bills and property damage imposed on the victim. In order to ensure a strong case, try to do the following four things as soon as possible after being attacked:

• Identify the dog and its owner and get the address and phone number of the owner.
• If another person witnessed the attack, get that person's contact information.
• Photograph the wounds and bloody clothes.
• Return to the scene of the attack and talk to nearby residents and businesses.

Victims of dog bites often suffer more than just the physical harm caused by the dog. Emotional damage is also a factor when dogs attack, and the compensation you get should reflect this. The right attorney can help you get the money you deserve on top of any medical bills or time off work.