When a loved one dies, it’s sure that life will never be the same again, both financially and emotionally. In case the demise of your loved one was due to the negligent actions of another party, you may have legal standing to make a wrongful death claim. A Brandon wrongful death lawyer can assist you in navigating this difficult process.
Get in touch with Winters & Yonker P.A. to get a free case evaluation. Learn how our personal injury lawyers can help you at (888) 373-7770.
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What to Expect From a Florida Wrongful Death Claim
Although our lawyers will deal with everything about your claim from beginning to finish, it would be prudent if you knew what to expect. For wrongful death to be established, Florida law needs evidence of negligent actions.
For instance, if somebody were driving while intoxicated, an action which resulted in him or her causing the accident that perished your loved one, then that would be classified as wrongful death.
Who Can File a Wrongful Death Claim in Florida?
A personal representative is the only one that can bring forward a wrongful death claim. These parties stand to benefit from the claim:
- Surviving spouses
- Children (both biological and legally adopted)
- Legally adopted or biological relatives
- The estate of the decedent
How Long Do You Have to File a Wrongful Death Claim in Florida?
According to the Florida statute of limitations for wrongful death, you must file a claim within two years following the death or otherwise risk the compensation being voided. There are situations when this general statute of limitations is extended, but those circumstances are scarce.
Make sure you have discussed your legal options early enough to safeguard your right to seek reimbursement.
Who Can Recover Damages From a Wrongful Death Claim
We know that losing a loved one can take a toll on you both emotionally and financially. We will help you in pursuing reimbursement to help alleviate the burden a bit. Florida is very stringent on the types of damages that a beneficiary stands to collect when it comes to a wrongful death claim.
The types of damages are contingent on the beneficiary.
A surviving spouse can get compensation for any of the following:
- Loss of services and support
- Loss of protection and companionship
- Emotional pain and suffering
- Medical expenses
- Lost wages
- Lost capacity of earning (referred to as probable net income)
Children are entitled to:
- Lost parental and guidance, companionship, and instructions (applies to minor children unless there is no surviving parent)
- Emotional pain and suffering
- Parents of a Minor Decedent
- Parents of a wrongful death child may be entitled to pain and suffering they have suffered emotionally.
The Decedent’s Estate
A personal representative stands to recoup the lost wages of the decedent starting the final date of injury to death.
How We Can Help With Your Wrongful Death Claim
A lawyer can help your wrongful death case through:
Confidential and Complimentary Consultation
We totally get the need for confidentiality when it comes to a wrongful death case. A complimentary and confidential consultation is an excellent way you can get to know more about our empathetic legal representatives and find out more regarding the road that lies ahead in a wrongful death lawsuit. This consultation will also enable us to find out more concerning your family and your case. This will help us take the required legal steps.
Florida state needs death to have been caused by the intentional act or negligence of another party for it to be considered wrongful. Some instances of negligence that may result in wrongful death include:
- Distracted driving
- Driving under the influence
- Work-related accidents
- Medical malpractice cases
However, this isn’t a complete representation; wrongful death claims may be merited in any scenario where negligence happened. We’ll work towards collecting the requisite evidence showing that duty of care was in play, and that wrongdoing happened. This is among the most integral steps in a wrongful death legal proceeding.
Prove Your Damages
On top of proving liability, it is crucial that we show the massive life changes that are likely to happen from a wrongful death. We will help you collect the requisite supporting documentation necessary to ascertain that a loss of support or income happened. Essential documents may include tax filings, income statements, mortgage loans, expert witness reports, and personal witness statements.
Assess Complex Cases
Each case is unique, and this makes the wrongful death suit procedure complex. Uncertain familial dynamics such as unmarried parents and adoptive families can further complicate matters. Moreover, there is a statute of limitations looming. Our lawyers are conversant with the laws and regulations in Brandon, FL, and can help you take appropriate measures when filing a claim.
In most scenarios, you will get a settlement deal from the insurance provider or the negligent party. Settlements have numerous benefits, including a faster payout, minimal court time, and reduced administrative fees. But if you feel the settlement is matching up to your standards, we are more than ready to go to trial.
Reach Out to Our Brandon Wrongful Death Lawyers
It’s never easy losing somebody you love. And if you’re relying on that individual for emotional and financial support, it becomes even more challenging dealing with the loss. Reach out to our injury lawyers at Winters & Yonker P.A. at (888) 373-7770.