Sean M. ClearyOver15 years of experience

Who may be entitled

to take actions for

a wrongful death

The causes ofwrongful death

Wrongfuldeath factsand statisticsSad but true statistics regardingthe deaths that occur everyyear in the United States

Wrongful death lawsuitsand immunity explained

A small history about Mr. Cleary and The Law Offices of

Sean M. Cleary, P.A.

Personal Injury Legal NewsletterIssue 5 03.29.2013

The difference between wrongful death andcriminal homicide

PERSONAL INJURY ATTORNEY

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funeral expenses and loss of companionship. The right to file a wrongful death claim is a relatively new concept. The statute of limitations for filling a wrongful death lawsuit claim ranges from one to three years from the death in question, depending on the state in which the suit is filed. Wrongful death lawsuits can be brought against a large variety of persons or entities such as companies, employees or government agencies.

hen someone dies due to the fault of another person or entity, the relatives may be able to pursue a wrongful death lawsuit. While nothing can compensate the death of a loved one, a wrongful death lawsuit can help families avoid any financial issues related to the passing of a family member. A lawsuit like this seeks compensation for the medical expenses, physical and emotional distress, lost wages of the deceased,W

Introduction

• In all states, immediate family members like children and spouses, including adopted children and parents of unmarried children are entitled to file a wrongful death lawsuit.• Some states allow right for compensation to a domestic or life partner or anyone who was financially dependent on the deceased.•• In some states even more distant family members such as sisters, brothers and grandparents have the right to file a wrongful death lawsuit.• In some states, the death of a fetus allows the parents to bring a wrongful death suit, however in several other states the parents can only bring a wrongful death action if the child was born alive and then died.•• Some states allow everyone who suffers financially after the victim’s death even if they are not related to take action and bring a wrongful death lawsuit.

he individuals entitled to sue for wrongful death varies from state to state and are named in each state’s statute. Some of these include:T

Who May SueOne moment can change a life forever.

Accidents at the workplaceAnotherAnother common cause of wrongful death is accidents that occur at the workplace. These accidents include slip and falls, burns, explosions, negligence in operating the equipment or machines and equipment malfunctioning. Worksites where wrongful that might occur are construction sites, mining locations, factories that operate dangerous machineries.DrowningDrowningDrowning is the second leading cause of death among children and can happen in two inches of water. Very often drowning in pools and other bodies of water is the result of negligence.Boating AccidentsWhileWhile not as common as car accidents, boating accidents still occur quite often every year; around 700 fatalities according to the United States Coast Guard (USCG). The common causes of boat accidents are alcohol, careless and

Medical MalpracticeThe occurrence of medical mistakes or misdiagnoses each year are many and unfortunately these mistakes made by doctors or nurses sometimes result in serious injuries or even death. Cases of medical malpractice or negligence resulting in death can be the ground of a wrongful death lawsuit.CarCar AccidentsThose are the most common causes of wrongful death. The National Highway Traffic Safety Administration (NHTSA) estimates that nearly 35.000 people are killed on the highways of the United States each year. Defective vehicles and negligent behavior such as driving under the influence of alcohol are the lead cause of automobile accidents.Product LiabilityProduct LiabilityTheThe area of law that holds responsible manufactures, distributors, suppliers and retailers for their products, wether these are design defects, manufacturing defects or a failure to warn consumers of defects. When claiming a wrongful death lawsuit that involves product liability, the plaintiff must prove that a duty is owed to him/her by the defendant and that the defendant breached this duty of care.

he causes of wrongful death are many, from car accidents to defective products and drugs or medical malpractice.T

Wrongful Death Causes

Even though both a wrongful death case and a criminal homicide case involve the death of a

person, while a wrongful death case the plaintiff pursues the claim in a civil court to recover

damages caused by wrongful death; in a criminal homicide case, the state prosecutes the

case in a criminal court and seeks a jail or prison sentence.

Difference between wrongful death and criminal homicideEven though both a wrongful death case and a criminal homicide case involve the death of a

person, while a wrongful death case the plaintiff pursues the claim in a civil court to recover

damages caused by wrongful death; in a criminal homicide case, the state prosecutes the

case in a criminal court and seeks a jail or prison sentence.

Difference between wrongful death and criminal homicide

Call: 305.416.9805THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

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Protecting the rights of injured victims and their families

Exceptions to the law

n exception to this rule has been applied to the family members of the victim.The doctrine is known as “family immunity”. This rule was implemented toA

promote family harmony and to prevent family members from conspiring to defraud insurance companies. However, its strict application prevented children from collecting insurance money. Therefore many states have quit applying the strict rule of “family immunity” even though some limitations have been retained, such as allowing an adult child to sue a parent but not a minor child.WWrongful death actions can be brought against state or local government only if the state has waived its Sovereign Immunity (a doctrine that prevented the government or its related subdivisions and agencies from being sued without its consent). However, in those states that allow wrongful death lawsuits to be filed against government and its entities there is a strict notice requirement. The time period may be as short as 30,30, 60 or 90 days. Failure to do it in this time range makes it impossible to file a wrongful death lawsuit.

IN THE ABSENCE OF A LEGAL EXCEPTION, THE BENEFICIARIES MAY SUE ANY PERSON WHO CAUSED THE INJURIES THAT LEAD TO THE DEATH OF THE VICTIM. WHO MAY BE IMMUNE FROM A WRONGFUL DEATH LAWSUIT VARIES FROM STATE TO STATE.

parental support and companionship. In some states the plaintiffs can also request punitive damages if the defendant’s actions were reckless and heinous. The punitive damages are meant to punish the defendant for his actions and are awarded at the discretiondiscretion of the jury. In some states the amount of money that can be recovered in a wrongful death lawsuit is limited.

The amount of damages recoverable by the estate of the deceased varies from state to state. Compensatory damages are the most common damages awarded in a wrongful death lawsuit, which are intended to make restitution for the money lost, such as medical and funeral expenses, deceased’s pain and suffering prior to death, the amount of economic support they would’ve received if the decedentdecedent had lived, compensation may also be awarded for issues affecting the family members like emotional distress,

Compensation for wrongful death

THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

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Call: 305.416.9805

that about 5000 emergency room visits per year are caused by amusement park rides and many of these injuries results in death•• Every year about 1000 children die in swimming related accidents and another 6000 receive emergency room care

• Young drivers are 4 times more likely to die in a car accident than middle age drivers• 40% of car accident fatalities are related to DUI, 30% to speeding and about 30% to a car going off the road • About 4000 people die every year from Mesothelioma, a rare cancer caused by asbestos exposure•• About 200.000 Americans die every year from prescription drugs reactions• With a percentage as high as 15%, slip and fall accidents are the second major cause of wrongful death • There are more fatalities caused by falls than any other construction site activity•• More than 80% of motorcycle accidents result in injury or death according to the United States Census Bureau• The Consumer Protection Safety Commission estimates

Wrongful deathfacts and statisticsin the United States

As a highly skilled and regarded wrongful death lawyer, Mr. Cleary understands that in cases of wrongful death, not only the results matter, but also the treatment the family recieves throughout the litigation process.

The Law Offices of Sean M. Cleary, P.A

ASK SEAN A QUESTIONGET IMMEDIATE LEGAL HELP FROM A LAWYER!

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THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

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Determine if youhave a case

Injured?What to do next?

19 West Flagler Street #618, Miami, FL 33130

Sean M. Cleary

the title of Juris Doctor. Mr. Cleary obtained his Florida Bar admission the same year and started practicing at a well-known and respected law firm, Stroock & Stroock & Lavan, handling complex commercial litigation cases. In 2005 after leaving one of Florida’s most recognized trial firms, Mr. Cleary founded his solo practice The Law Offices of Sean M. Cleary, P.A. Throughout the years he obtained substantial verdictsverdicts and settlements for his clients. Mr. Cleary has also received multiple awards and nominations acclaiming his skills as a Miami personal injury lawyer. Attorney Sean M. Cleary continues to fight fiercely for the victims of personal injury, medical malpractice, auto accidents and defective products in state of Florida in order for them to receive the just compensation they deserve.

ttorney Sean M. Cleary began his legal career when he enrolled to the University Of Miami School Of Law, which he completed in 1998 with honors receiving A

About Sean M. Cleary

Florida. The sole purpose of the Law Offices of Sean M. Cleary, P.A. is to offer an exceptional legal aid and representation for those who suffered physical or psychological injuries due to careless, reckless and negligent actions of other parties. Our law firm specializes in personal injury, medical malpractice, wrongful death and commercial litigation claims and has never failed to represent our clients andand to achieve the desired result. With our vast experience and knowledge, we are dedicated to protecting the rights and interests of those who have endured pain and suffering. If you or your loved ones have been recently injured and you’re looking for an attorney to represent you or you just seek legal advice, don’t hesitate to contact us.

ounded in 2005 by attorney Sean M. Cleary with an already proven and established reputation as a highly skilled and experience lawyer in the Court Houses of F

About Our Law Firm

seeking legal advice from Mr. Cleary can discuss every matter regarding the often painful personal injuries they have suffered. The Law Offices of Sean M. Cleary, P.A has always offered a free consultation and always will, Mr. Cleary will personally review your case and will provide you legal and professional advice.

ur law office is located conveniently in downtown Miami and while being a solo practice law firm, the office provides a calm environment where thoseO

Located in Miami, FL