According to Florida State laws, you have the right to sue those responsible for the untimely demise of your loved one through their negligent, deliberate, or indifferent actions. The lawsuit will be a legal process in which you can seek compensation for the death of your loved one.
Wrongful death cases are handled in court, where a judge or jury will determine fault and a compensatory amount awarded to the aggrieved family. At Winters and Yonker, we have highly experienced and reputable Dover wrongful death lawyers that can help you and your family seek justice for your late loved one. Get in touch with our injury law firm serving Dover, Florida, to speak to our wrongful death lawyer and be advised on the best way forward. The sooner we start the legal process, the better your chances of getting the maximum compensation for your losses.
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How Is Wrongful Death Defined In The State Of Florida?
Under Florida State laws, you can sue parties responsible for a family member’s death, which might not have occurred if the accused had not acted recklessly, indifferently, or negligently. While we know that deaths might befall people under different circumstances, determining if the incident amounts to a wrongful death will mean that your legal team must consider any of the following instances:
- Use defective products like medical devices, machinery, tools, drugs, vehicles, electronics, and processed foods.
- Medical malpractices where misdiagnosis, wrong medicine prescription, and surgical mistakes lead to a patient’s death
- Criminal acts that result in death (such as murder)
- Workplace accidents and premise liabilities
- Road accidents like intoxicated driving and hit-and-run accidents that result in fatalities
Who Is Qualified To File A Wrongful Death Claim In Florida?
While you might be associated or related to the deceased somehow, not everyone qualifies to file a wrongful death claim. some of the individuals who might be eligible to pursue the lawsuit and benefit for the compensation claim include:
- Biological and legally adopted children
- Dependent Parents
- Listed beneficiaries (heirs and heiresses)
- In some situations, a biological or legally adopted relative mighty be eligible
If there is a designated personal representative, they are legally considered the estate overseers and are expected to manage the transfer of awarded damages to the respective beneficiaries. Your wrongful death lawyer will work closely with the personal representative to ensure your deceased loved one’s wishes regarding the disbursement of the estate’s entirety are met.
How are Damages Determined in a Wrongful Death Claim?
According to Florida Wrongful Death Act, beneficiaries might be entitled to specific damages. However, what is awarded depends on who the recipient is (association with the deceased).
The surviving spouse might be eligible to receive damages like medical expenses, lost support and services, lost protection and companionship, emotional pain and suffering, and lost wages (the family’s income source).
The deceased kids are entitled to damages such as lost parental influence (companionship, provisions, and guidance) and emotional pain and suffering of losing a parent.
Parents of a Minor Departed
If the surviving parent may also be entitled to damages for emotional pain and suffering attributed to a co-parent and loved one’s wrongful death.
The Deceased’s Estate
The decedent’s representatives could recover their late loved one’s lost wages, which will be calculated from the date of their accident and injuries to their untimely demise.
How Is Negligence Proved In A Wrongful Death Case?
Your attorney will show the court that the defendant acted negligently, intently, or indifferently and their actions resulted in your loved one’s unexpected demise. The legal team representing you will demonstrate the following when providing negligence and determining fault:
The Duty of Care
The accused owed the decedent a duty of care. We can use a car accident lawsuit as an example. The plaintiff must show how the defendant was obligated to observe road safety protocols and be attentive when driving.
Breach of Duty of Care
The defendant did not honor the duty of care owed to the deceased. Using the same example (car accident), the personal representative or claim beneficiary must prove that the accused did not adhere to traffic rules – like speeding, running a red light – and such an act result in the accident that killed the plaintiff’s a loved one.
Your lawyer will prove the accused’s actions were criminal, but this might not be enough to guarantee a win and ensure you are awarded fair compensation. Therefore, your attorney will also prove the defendant’s conduct played a role in the wrongful death. A valid example of a causation issue in a wrongful death lawsuit is when the accused ran a red light while speeding and hit the deceased’s vehicle, which could have mechanical problems like faulty brakes.
How To Start Your Wrongful Death Lawsuit In Dover, FL?
We highly recommend consulting with a reputable and experienced personal injury attorney when you believe that you have a wrongful death claim worth pursuing. At Winters and Yonker, we have a team of seasoned legal experts that will ensure justice is served for your departed family member. The sooner you get in touch with us and review your claims and determine if the case is worth pursuing, the sooner we can start the legal processes. Your lawyer shall start with helping you or the personal representative craft a will or estate plan if your dearly departed had not drafted one. We shall make sure all eligible beneficiaries are considered for compensation and fair disbarment of the decedent’s estate.
Your wrongful death attorney will investigate the circumstances surrounding the departed’s death to determine the merits of filing a lawsuit against the liable parties. Keep in mind that it is a complex legal process that takes time, but we will do our best to expedite things so that we file your wrongful death claim within the stipulated period.
What Is The Difference Between Wrongful Death Claim And Estate Claim?
When seeking compensation for wrongful death in Dover, Florida, you can file two types of claims.
Wrongful death claims will seek compensation for the “decedent’s full value of life,” which is what the departed’s relatives or beneficiaries will file on behalf of their dead family member. We shall be pursuing monetary compensation for the losses, pain, and suffering in such a situation. It means we can seek compensation for damages such as lost work-related benefits, loss of consortium, and lost intangible benefits like companionship, love, household obligations, and parental responsibilities.
It is filed seeking recovery of the family’s financial losses attributed to their loved one’s unexpected demise. The beneficiaries (the claimant) will be considered as the deceased’s estate as you pursue full reimbursement for losses and damages associated with your relative’s death. The damages can include treatment expenses, funeral and burial costs, and the pain and anguish endured before and after the loved one’s demise.
Call Our Dover Wrongful Death Lawyer Today To Get Expert Representation
If you believe that your relative’s death is due to another person or entity’s negligent or intentional actions, you might be eligible to file a wrongful death claim. However, it is a legal process subject to different hurdles that make it wise to consider hiring a reputable and experienced attorney to represent you and your family.
At Winters and Yonker law office in Dover, Florida, we have a team of personal injury lawyers that will investigate your claim to determine if you have a case worth pursuing. Call us today at (888) 373-7770 to speak to a wrongful death lawyer, schedule a free case evaluation, and be advised on the best way forward.