Are you looking for a reputable Apollo Beach wrongful death lawyer? This post will tell you what you need to consider when choosing a reliable wrongful death attorney to handle your case. An attorney understands the legal process and helps you save time and money than trying to do it yourself. Read on to learn why you should work with a qualified injury law firm in Apollo Beach when you have a wrongful death claim.
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How Is Wrongful Death Defined In The State Of Florida?
Wrongful death is defined by a published statute in FL. Florida’s Wrongful Death Act says that an individual could file a lawsuit against the responsible party when death has been caused by any wrongful act such as default, negligence, and breach of contract or warranty. This includes:
- Intentional acts such as hitting someone with a hammer with the intent of harming the person
- Negligent acts such as hitting someone with a hammer by accident
- Having a duty towards someone and breaching that duty
- Breach of warranty; such as product defects
Many circumstances could lead to a wrongful death lawsuit. Here are some of the most common reasons for filing wrongful death claims in Florida:
- Criminal behavior that leads to murder
- All kinds of accidents include automobile, plane, pedestrian, train, and bicycles
- Medical malpractice
- Death during a supervised activity
- Exposure to hazardous substances or conditions as a part of one’s occupation
Who Is Qualified To File A Wrongful Death Claim In Florida?
Wrongful death law requires that a personal representative of the deceased person’s estate file the claim. The representative may be named in the estate plan or will of the deceased individual. When the deceased person doesn’t have an estate plan or will, the representative will be named by the court. The personal representative of the deceased person should list every survivor who has an interest in the wrongful death case. The deceased’s spouse, kids, parents, and any sibling or blood relative who is partly or wholly dependent on the deceased person for support can recover damages in a wrongful death lawsuit in Apollo Beach, Florida.
What Types Of Damages Are Recoverable In A Wrongful Death Lawsuit In Florida?
When your loved one has passed away due to an automobile accident, medical malpractice, workplace accident, by using a defect product, or any other traumatic event, you have legal rights in Florida. You can seek compensation from the party who is responsible for the wrongful death of your loved one. You should file a wrongful death claim with the help of a qualified and experienced wrongful death lawyer in Apollo Beach FL.
Florida’s Wrongful Death Act permits the recovery of two major types of damages such as damages awarded to the survivors of the deceased for their emotional losses and damages awarded for medical expenses, funeral expenses, and loss of net accumulations. Under wrongful death law in FL, survivors are defined as the deceased spouse, kids, parents, or any other dependent such as a blood relative or an adoptive brother or sister. Net accumulations represent the loss of savings the deceased should have accumulated had the wrongful death not occurred.
Survivors of the deceased are entitled under the law to recover the loss of support and services, loss of protection, mental anguish and suffering, and any medical or funeral costs paid on behalf of the deceased.
Damages Available To The Deceased’s Estate
The deceased’s estate can recover damages for the loss of net accumulations, lost earnings as well as medical and funeral expenses. Loss of income capacity or net accumulations relies on the determination of what the deceased would have left in an estate if his/her life wasn’t ended prematurely.
How Is Negligence Proven In A Wrongful Death Case In FL?
The plaintiff in a Florida wrongful death case should prove four basic elements to win the case and receive adequate compensation for his/her loss.
Duty Of Care
The plaintiff should prove that the defendant had a duty of care to the deceased person. For example, in an auto accident case, the drive – when behind the wheel – has a responsibility to drive carefully by following all the rules of the road.
Breach Of Duty Of Care
First, the plaintiff showed that a duty of care exists. Now the plaintiff needs to prove that the defendant breached the duty of care. In the auto accident example, the driver may have been speeding or drove drunk when he or she breached that duty of care.
The plaintiff needs to prove that the defendant’s breach of duty directly resulted in the death of his/her loved one.
Finally, the plaintiff should prove that death resulted from the defendant’s actions and not some other cause. For example, even if the defendant was speeding at the time of the accident, he or she isn’t responsible for the wrongful death if a mechanical issue of the vehicle caused the death. If the death was caused by a defective part of the vehicle, the manufacturer of that part might be able to be held liable.
How Do You Start A Wrongful Death Claim In Florida?
Florida’s Statute of Limitations regarding wrongful death gives the plaintiff two years from the date of the death to file a wrongful death claim. If your claim is due to medical malpractice, there is a time period for the matter to be investigated. A notice of intent to file a claim should be sent to the potential defendant before a medical malpractice case could be filed. Filing a wrongful death lawsuit is quite complex and will begin with the designation of a personal representative for the estate. That’s why you need to hire a qualified and experienced wrongful death lawyer in Apollo Beach Florida when filing a wrongful death claim.
Have you lost a loved one due to the negligence of the other party? If so, you should hire the best wrongful death lawyer in Apollo Beach to handle your case. A wrongful death attorney understands the legal process and helps you save time and money than trying to do it yourself. Call a personal injury lawyer in Apollo Beach today to handle your lawsuit!