Nothing in life hurts as much as death does. It snatches our loved ones away, creates a sudden dead end without a possible way of reversing it, and above all, leaves misery behind. Death leaves children without their parents, it takes away breadwinners and leaves an unprecedented kind of grief. It’s even worse when death is sudden, and as a result of someone else’s negligence, carelessness, or malice. This is why if you are a victim of the wrongful death of a loved one, you should contact a qualified attorney to handle your case.
If you have suddenly lost a close family member, life will definitely be different. More so if the deceased was the sole breadwinner. Other times, death may not have been sudden but may have been a direct result of an accident, which results in injury. These then cost thousands of dollars to attend to, only to lose your beloved to death. The silver lining is that our Clearwater Beach wrongful death lawyers at Winter & Yonker P.A, have handled hundreds of such cases and will aggressively pursue the compensation you deserve. Contact us for a free consultation with a personal injury attorney.
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Why Hire an Attorney
We understand that no one is capable of soothing the pain of death, and we can only promise to offer our commitment to acquiring rightful compensation for your family. This way, you will at least let go of the financial burden from medical bills and your financial future. We know that you would give anything to have your loved one but in dire situations such as these, the best anyone can do is seek justice. This way, the responsible party will pay for their negligence or acts of malice, and though this will not heal the sore, it will take care of you financially.
Amidst the untimely death, take time to protect your legal right by getting full compensation for your loss. This way, life can move on better than it would with financial struggle. Hire a proficient lawyer from Winter & Yonker P.A.
Damages for a Wrongful Death Claim
When a person dies before his time due to someone else’s negligence, the defendant is legally liable under the law. The close family members like parents of minors, spouses, and even children are allowed to seek compensation on behalf of their loved one for the following damages:
- Cost of medical care from injuries that ultimately led to the death of the deceased
- Funeral costs and expenses
- The lost wages or income that the deceased would have brought home to his family over his/her lifetime had the death not occurred
- Emotional trauma
- The loss of a companion as an important person in the family’s life
The exact amount that a wrongful death costs your family can be hard to determine. This is especially the case for situations where wages, income, and loss of companionship have to be evaluated. Such details require the expertise of financial experts like actuaries as well as expert witnesses to provide credible information on the same. With our experienced lawyers, the process can be made easier, and a very strong case will be built to ensure that you get the composition you deserve for you and your family.
Filing a Wrongful Death Lawsuit in Clearwater Beach
The process of filing a wrongful death lawsuit on behalf of the deceased’s estate involves a few legal elements such as:
Duty of Care
This is the first element in filing a wrongful death lawsuit. You have to prove that the accused party was at fault because he/she owed the deceased duty of care under the law. In a motor vehicle accident, for example, a defendant driver owes a plaintiff motorcyclist an affirmative duty to conduct himself responsibly to safeguard all road users. That said, the driver is legally liable for acting in an irresponsible way.
Breach of the Applicable Duty of Care
to prove that the defendant(s) breached his duty to care, the plaintiff, who in this case is you or a close family member, would have to show that indeed the defendant violated a set of laws set in place to protect the deceased. Take a car accident that happened due to violated red traffic lights. The driver who violated the law is held liable due to his breach of the law in failing to obey traffic rules.
The deceased estate has to prove that the defendant was directly responsible for the wrongful death. This means that they have to show that the death was foreseeable, in the sense that had something been done or rectified by the defendant, the death would not have occurred. It proves negligence on the part of the defendant.
Clearwater Beach’s Wrongful Death Statute of Limitations
As with all compensation cases, there is a statute of limitations for wrongful death cases. As per Florida’s laws, this limitation is set at two years from the time of death. This way, cases are filed on time, meaning evidence stays valid, and witnesses remember the state of events articulately. Additionally, cases are resolved on time, since details stay fresh.
That said, you cannot afford to delay or dilly dally when it comes to claiming compensation for wrongful death. If a wrongful death claim or a lawsuit is not filed within the applicable time period, the estate may be forever barred from filing a claim or lawsuit—or from seeking monetary recovery—at any point in the future. Take legal action by calling on the very knowledgeable and time-conscious wrongful death attorneys at Winters & Yonker P.A.
Contact a Clearwater Beach Wrongful Death Lawyer
Death is not a simple matter. This makes wrongful deaths claims some of the most complex cases in the legal world. With our qualified attorneys, we will offer you guidance, walk with you through every step of the way, and answer all questions that you may have. We have built an extensive resume and have been the go-to option for many clients in Clearwater Beach. Let us restore the resources you deserve amidst the turmoil. Call Winters & Yonker at (888) 373-7770 or contact us on our website for a free consultation!