Losing a loved one is very devastating, and it can be even more painful when you know that the death was a result of someone else’s carelessness, negligence, or intentional wrongdoing. Legal action might not seem like a top priority for a family that just lost their loved one, but it is very important. The family is left to cope with the grief, but they are also worried about their lives after losing a loved one. There might have been medical bills that the family had to pay or still owe. The family has to deal with the absence of financial support they were getting from the loved one.
An experienced Bartow wrongful death lawyer at Winters & Yonker will fight to help secure the compensation your family deserves. They will work to negotiate a fair settlement that helps you to recover financially from the loss of your loved one. Contact our office for a free case review with a personal injury attorney.
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What Is Wrongful Death?
In Florida, wrongful death is a death resulting from the careless actions or wrongdoing by someone else. A wrongful death attorney in Bartow will make your case a priority to make sure justice has been served by holding responsible the party that caused the accident.
There are different legal grounds that call for a wrongful death claim in Florida. Some of them include:
- Medical malpractice, such as medication errors, surgical errors, medical injury, or misdiagnosis
- Criminals actions, which includes intentional homicide
- Faulty construction and engineering malpractice
- Defective products. Wrongful death can be caused by defective products such as medical devices, drugs, appliances, vehicles, or electronics
- Nursing home neglect or abuse
- Pedestrian accident fatalities
- Work accidents like construction accidents
- Premise liability like accidents involving slip and falls
- Contamination of food or sanitation issues in commercial establishments
- Driving under the influence of illicit drugs and alcohol
- Improper or illegal service, e.g. when a bartender keeps on serving alcohol when the person is clearly intoxicated.
Who Is Qualified to File a Wrongful Death Claim in Florida?
A family member or beneficiary has the legal right of filing for a wrongful death claim or someone who has been appointed to represent the one making a wrongful death claim. Talking to a Florida wrongful death attorney is a good idea because they help in determining whether you are qualified to make a claim or not. They will also guide you on what needs to be done at what point.
If you want to be a representative (also referred to as Administrator or Executor), then you can file from the claim on behalf of your loved one. You can file for a wrongful death claim if you have the following relationship with the deceased;
- An heir or heiress
- Chosen beneficiary
- Dependent parent
The best way of knowing whether you can file is by talking to an attorney who has specialized in wrongful death cases.
What Types of Damages Can You Recover From a Wrongful Death Claim in Florida?
Many different factors are going to be at play when determining the amount the family is entitled to from the wrongful death claim. Some of the factors include the parties involved in the claim, the needs of the family who have been left behind, and the factors surrounding the case.
In Florida, individuals, companies, and government entities causing wrongful death can be held responsible for their actions leading to the death of a loved one.
Depending on the details of the wrongful death claim, you can recover damages for:
These are expenses that the family had to cover after the treatment of injuries before the death of the loved one. Medical care is very expensive, and the at-fault party needs to cover them.
Future Lost Wages
After losing a loved one, the family that depended on them will have lost wages because their loved can no longer work and bring in income. This is going to look at the amount the deceased would have earned in their life if they did not lose their life.
Funeral Costs and Expenses
Funeral costs and expenses are very high in the US, and this is why a family can recover these damages from a wrongful death claim.
It is hard to put a price on companionship, but the damages can help a little bit. The surviving family members have lost an important relationship. A spouse has lost their partner, the parents have lost their child, and the children have lost their parents.
How Is Negligence Proved in a Wrongful Death Case in Florida?
The following elements must be shown when proving negligence for a wrongful death claim in Florida:
When proving negligence, you will need to show that the at-fault party owed a “duty of care” for your loved one. This is means that the party should have acted in a way that would have prevented the eath from happening. When determining duty, the courts will look at what a “reasonable person” would have done if they were in such a situation.
Breach of Duty
The next step is demonstrating that the defendant violated or breached the duty of care. This can be because of any action or inaction by the defendant.
An easier way to think about causation is a fault. The breach of duty must have caused the death for them to be found negligent.
This means proving you suffered losses because of the wrongful death, such as funeral expenses or loss of income.
When these elements are met, the defendant is going to be held liable for the death of your loved one, and this means the claim will be successful.
How Do You Start Filing a Wrongful Death Claim in Florida?
There is a statute of limitations for filing wrongful death claims, which is why you need to act fast. In most cases, it is two years from the day of death. Some circumstances can lead to modification of the statute of limitations, but it is important to talk to a Florida wrongful death attorney before doing anything.
Get Help From a Bartow Wrongful Death Lawyer at Winters & Yonker
Losing a loved one is one of the hardest things because you are forced to continue living without them. If their death was caused by the negligence or wrongdoing of another party, contact a Bartow wrongful death attorney at Winters & Yonker to get the compensation you deserve. Our initial consultation is free, and you pay nothing unless we win your case!