Bar patron electrocuted to death

Recently the Supreme Court held that a plaintiff was entitled to $450,000 in survival damages in a wrongful death and survival action against a utility company following a bar patron’s death from electrocution.  The bar owner and another witness testified that the patron began shaking after clutching a wire.  Nearly 8,000 volts of electricity flowing through the wire immediately transferred to the decedent’s body, causing his right hand to catch aflame and burn off as the electricity coursed through his body to exit out of his back.  The decedent then slumped down dead as a result of his contact with the wire.  A jury awarded $450,000 in survival damages in addition to wrongful death damages.

What is Wrongful Death?

Wrongful death action and survival action are two common actions that are available when a person dies due to the negligence of another.  In a survival action, the law grants the designated beneficiary a cause of action to recover the damages that a person suffered and would have been entitled to recover from a tortfeasor, if the person had lived.  The survival action permits recovery only for the damages suffered by the victim from the time of the injury to the moment of death.  The elements of damage for the survival action are pain and suffering, loss of earnings, and other damages sustained by the victim up to the moment of death.  Fright, fear, or mental anguish while an ordeal is in progress is also legally compensable.

In a wrongful death action, the law grants the designated beneficiaries a cause of action to recover when their family member dies as a result of a tortfeasor.  The elements of damage for wrongful death are loss of love and affection, loss of services, loss of support, medical expenses, and funeral expenses.

Do I have a case?

Wrongful death and survival actions often involve complicated legal and medical issues.  It is important to select a lawyer who is not only sensitive to your loss, but is also experienced in all aspects of pursuing these claims.  While it is impossible to replace the loss of a loved one, the Whaley Law Firm can see to it that the tortfeasor is held responsible.  If a loved one or a relative has died because of the fault of another then call us to receive the compensation you are entitled to.

Source:  Thompson v. Crawford 229 So. 3d 451