Covid-19 And Wrongful Death Claims In Florida
People all over the great state of Florida are worn out bythe COVID-19 virus and its effects on our state, jobs, and families. Likewise,the entire world is tired of dealing with the ravages of the virus. And when aloved one dies from a COVID-19-related illness, the family is left withfeelings of sadness, frustration, disbelief, and anger. And as you wouldexpect, many people have questions about COVID-19 and Wrongful Death Claims inFlorida.
Carpenter & Czelusta is here to help explain the lawregarding COVID-19, and wrongful path claims specific to the state of Florida.
DEFINING WRONGFUL DEATH
Basically, a COVID-19 and Wrongful Death claim is filed whenan individual passes away due to another person's negligent actions. If theperson survived the illness, they would have grounds for a personal injurycase. But in the case of death due to COVID-19 and wrongful actions by another,a wrongful death case would be appropriate.
These cases run the gamut of reasons for the unfortunateoutcome. Here are a few we see in Florida, Pinellas, and the Tampa Bay Area.
• Medical Malpractice
• Occupational Hazard
• Occupational Exposure
• Birth Injury
• Nursing Home Abuse or Negligence
• Criminal Activity
• Defective Product
• And more
Wrongful death is a difficult task to take on for ourclients. With compassion and understanding, the team at Carpenter and Czelustais here to make that process go as smoothly as it can. Contact our firm if yourfamily member has suffered or died due to COVID-19 and gross negligence, breachof conduct, or intentional misconduct. There is no way to make up for the lossfelt when someone has wrongfully died. But making up for the financial blow ofthe untimely death can help put you on the road to recovery.
THE PEOPLE OF FLORIDA, COVID-19 AND WRONGFUL DEATH CLAIMS
In a press conference on March 29, 2021, Florida's GovernorRon DeSantis signed Senate Bill 72, granting civil immunity to the government,nursing homes, hospitals, corporations, schools, and churches. The play casesallowed will be those indicative of a breach of contract, gross negligence, orintentional misconduct.
In those cases, the burden of proof will be on theplaintiff, who would be a representative of the decedent's estate. Therefore,if an individual and the attorney feel the case is worth hearing, here are therequirements that must be addressed.
The plaintiff must be sure the injury or death directlyresulted from the defendant's actions in dealing with that instance of
COVID-19. "Clear and Convincing" proof is inorder.
The case should show that the defendant failed to make agood-faith effort to comply with the public health standards and
COVID-19 protocol.
A physician's affidavit must accompany the proof.
The death resulted in damages such as medical costs, burialcosts, funeral expenses, loss of income, and loss of care or support forsurviving dependents.
The claim must be filed within one year of the date ofdeath, COVID-19 diagnosis, or hospitalization.
Furthermore, the claim applies to those accrued before thelaw was signed by the governor. Your law group can examine all theserequirements to determine the status of your case and whether it would hold upin a court of law.
WHO IS ENTITLED TO BENEFITS OF THE COVID-19 AND WRONGFULDEATH CLAIMS?
Deciding on who is eligible to receive benefits from theCOVID-19 and Wrongful Death claim, one must bear the burden of proof for thefinancial loss. And again, it must all be related to both negligence and thevirus. Survivors may include the decedent's spouse, children, parents, andthose dependent on the decedent for support or services. Included in thoseindividuals may be blood relatives, adopted siblings, and perhaps children bornout of wedlock.
In fact, the bill's author appropriately stated his concernfor the institutions and this violent virus the world has been facing. SenatorJeff Brandes said,
"businesses and medical facilities across our state aretrying to survive, reopen, and recover from the pandemic. Now is not the timefor excessive and frivolous litigation."
Likewise, Senate President Wilton Simpson stated,
"the last thing we want is for businesses and healthcare providers... to face a constant threat of frivolous lawsuits that hampertheir ability to serve their patients and customers."
That is why experienced and caring attorneys like Carpenter& Czelusta offer fair and honest evaluations on these very sensitive casesof wrongful death.
Under Florida law, those entitled to receive compensation doso for the following types of damages.
• Medical, Burial, and Funeral Expenses in the amount paid.
• Past Lost Support and Services from injury to the time ofdeath.
• Future Loss of Support and Services since the date ofdeath.
• Loss of Companionship, Pain, and Suffering for survivingspouses.
• Lost Parental Companionship, Instruction, Guidance, MentalPain, and Suffering for minor and dependent children.
PERSONAL INJURY ATTORNEYS, CARPENTER AND CZELUSTA
No matter the injury, our firm is here for you. We want tocome alongside you and help ease the transition and encourage your healing.
With the medical attention you need and the representationyou deserve, Carpenter and Czelusta is the trial attorney team you need.
As we maintain a sense of integrity and professional ethics,our firm is dedicated to our clients' satisfaction. Both lawyers are committedto pursuing a fair trial as they collaborate with experts and expert witnesses.
Rest assured, Carpenter and Czelusta understand the losssuffered by victims and their surviving families. They will champion your «cause and gain your trust in your time of need.
You need legal representation if a loved one has been hurtor has passed away due to COVID-19 and wrongful death. Contact the friendlyattorneys at Carpenter and Czelusta right away.
