Losing someone close to you can be heartbreaking and can affect you both financially and emotionally. If someone’s negligence caused the death of a close relative, then you can file a wrongful death lawsuit or claim. With the help of a Bradenton wrongful death lawyer, you can get full compensation by following the legal process.
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What You Can Expect After Filing a Wrongful Death Claim
Even though our legal team plays the role of handling your case from the beginning to the end, it is vital that you understand what it is that you should expect.
For your case to qualify as a wrongful death claim, it must meet specific criteria. According to Florida law, there must be proof of an act of negligence for a case to be established as a wrongful death claim. For example, if a drunk driver caused an accident that resulted in the death of your loved one, then this can be established as wrongful death.
A wrongful death lawsuit or claim can only be filed by a personal representative. Below are examples of parties who can file for a wrongful death claim and benefit from it:
- Surviving spouses
- Children (both biological and legally adopted)
- The decedent’s estate
- Additionally, legally adopted or biological relatives.
Deadline for Filing a Wrongful Death Claim
According to the statute of limitations in Florida, a wrongful death claim should be filed within two years from the date of the death of the deceased. Therefore, you must make sure that you file the lawsuit within this period or risk losing the entire compensation.
Because of this reason, it is vital that you consult a wrongful death attorney in Bradenton and find out what your legal options are as soon as possible.
Damages That Can Be Recovered After a Wrongful Death Claim
We understand that losing someone who is close to you affects you both emotionally and financially. That is why we play the role of making sure that our clients get compensation to ease this burden. Moreover, the law in Florida is very specific about the damages that can be compensated for a wrongful death lawsuit.
These damages also depend on a deceased’s estate.
The following can be recovered by a spouse who is left behind by the deceased:
- Loss of protection and companionship
- Loss of services and support
- Emotional suffering and pain
- Lost wages
- Medical expenses
- Lost ability to earn
The following is entitled to the children of the deceased:
- Lost guidance, parental companionship, and instructions (this only applies to minors who do not have a surviving parent or guardian)
- Emotional suffering and pain
- Parents or guardian of a minor decedent
- Parents or guardians of a minor who lost his or her life as a result of wrongful death are entitled to emotional suffering and pain.
The Deceased’s Estate
The deceased’s lost income or wages can be recovered by a personal representative from the day the injury was sustained until the day the deceased passed away.
How Can Our Legal Team Help You With Your Wrongful Death Claim
Here at Winters & Yonkers, we have been helping victims in personal injury and wrongful death cases for more than 20 years.
Complimentary and Confidential Consultation
As experienced lawyers, we understand the importance of confidentiality when dealing with wrongful death claims. A free consultation is a convenient way of learning more about our services and what to expect once you file a wrongful death claim. This also gives us an opportunity to learn more about your case and the family of the deceased.
Florida law requires a wrongful death to be a result of someone else’s negligence. Below are examples of act of negligence that result in a wrongful death claim:
- Medical malpractice cases
- Distracted driving
- Work-related accidents
You need to understand that this is just an example of wrongful death claims that are valid. As part of our duty, we always try and collect more evidence that can be used as proof of violating the standard of duty of care.
Prove Your Losses And Damages
We also play the role of showing the significant changes that take part in one’s life as a result of wrongful death. We will help you gather all the necessary documentation needed to prove your loss of income. Some of these important documents are tax filings, mortgage loans, reports from expert witnesses, and income statements.
Evaluate Cases That Are Complicated
Wrongful death cases are never the same. Some are easy to solve while others take time because of a long, complicated process. Moreover, there are other factors that can cause wrongful death cases to be more confusing such as unmarried couples and adoptive families. Other factors that can cause further delay in dealing with such cases is the statute of limitations.
Negotiation for Fair Settlement
When dealing with a wrongful death case, you will be tempted to receive an offer as a settlement for your loss. This settlement is usually issued by the party at fault by their insurance providers. Such offers come with various advantages such as faster payout, not wastage of time in court, and avoid unnecessary court fees. However, if the settlement offered to you is not fair, then you can always pursue the matter to court.
Contact a Bradenton Wrongful Death Lawyer
Losing someone who is close to you can be shocking, especially if you were relying on that person for emotional and financial support. By contacting our legal team at Winters & Yonker P.A, we can make sure that you get fair compensation. Call us today at (888) 373-7770 for a free consultation with a Bradenton wrongful death attorney.