You may face financial and emotional life changes when a loved one passes away. It may be possible to file a claim for wrongful death if your loved one passed as a result of someone else being negligent. Facing the legal process can be easier with a Dunedin wrongful death lawyer. Upon calling (888) 373-7770, you can talk to someone at Winters & Yonker P.A. and receive a free consultation with our personal injury attorneys.
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Conditions That Make a Death Wrongful
In Dunedin, FL, you must give law proof of any negligent actions in order for a wrongful death claim to be made.
A common example of this would be a drunk driving incident, such as one where a loved one was killed by someone who was driving under the influence. The wrongful death classification would easily apply.
Wrongful Death Claims Can’t Be Filed By Everyone
Wrongful death claims can only be filed by personal representatives. Here are some examples of claim beneficiaries:
- Surviving spouses of the deceased
- Legally adopted and biological children
- Parents of the deceased
- Some legally adopted or biological relatives
- The decedent’s estate
Your Time To File A Claim For A Wrongful Death Is Limited
There’s a statute of limitations in Dunedin that is allowed for wrongful deaths. From the date of death, you are allowed two years to file a lawsuit. If you fail to file within this time, your right to be compensated is placed in jeopardy. There are some rare circumstances that can result in the statute being extended.
If you want to seek compensation, you should explore the legal options that are available to you as soon as possible.
Recoverable Damages From Wrongful Death Claims
The death of a loved one can be hard on your emotions and finances, and we realize this. In order to make things easier for you, we’ll do all we can to help you get compensation. For wrongful death claims, there are specific kinds of damages that can be collected by beneficiaries in Dunedin.
Different beneficiaries can recover different damage types.
The following can be recovered by a surviving spouse:
- Services and support that have been lost
- Protection and companionship that has been lost
- Suffering and emotional pain
- Medical expenses
- Wages that have been lost
- Probable net income, or earning capacity that has been lost
Children may recover:
- Parental companionship, guidance, and instruction that has been lost. Only minor children can recover guidance unless there is an
- absence of a surviving parent
- Suffering and emotional pain
Parents of a Minor Decedent
In the wrongful death of a child, parents can recover suffering and emotional pain.
The Estate of the Decedent
Lost wages that occur from the injury date to the death date can be recovered by a personal representative.
The Assistance We Can Provide You For Wrongful Death Cases
Our attorneys can help prove your wrongful death claim by:
Consultation That Is Complementary and Confidential
In wrongful death cases, confidentially is something that is often requested. The consultation that we provide is completely confidential and makes it possible for you to become better acquainted with our legal team, giving you the chance to see how much we care about wrongful death and filing a claim for you. We get the chance to see the full details of your case, meet and discuss matters with your family, and start the process of filing your claim.
In order for a death to be considered a wrongful death in Dunedin, the negligence or intentional actions of another party must be the cause of the death. Common forms of negligence that result in wrongful deaths are:
- Driving while distracted
- Driving while under the influence
- Accidents that happen at work
- Medical malpractice
This only represents a few of the causes of wrongful death, and as long as there is negligence, it is possible to have a valid wrongful death claim. In order to prove that there was wrongdoing and a presence of the duty of care, we’ll diligently work to find the proof you need. When going through the wrongful death process, this is a very important step.
Prove Your Damages
We have to show that your life will be changed as a result of the death while also proving liability. Documentation will be needed to show that support and income have been lost, and we will work with you to find these documents. Tax filings, income statements, mortgage loans, personal witness statements, and expert witness reports are all important documents that you’ll need.
Evaluate Complex Cases
There is a bit of complexity to wrongful death cases because of the difference between each case. There are some situations like parents that aren’t married or families with adopted children that can make things even more difficult. The statute of limitations may also come into play. The Dunedin laws can be tricky, but our lawyers know them inside and out and will be able to walk you through the entire lawsuit process.
Negotiating A Settlement
The negligent party or the company that insures them may offer you a settlement in most instances. You get a payout faster, have to pay less in court fees, and have to spend less time in court with a settlement. You may not feel that this is the proper coverage for your losses, and your family may feel the same. We can go to trial if you want.
Call A Dunedin Wrongful Death Lawyer Today
It’s hard to lose the ones we love. It can be even more devastating when these loved ones provide emotional and financial support. You can be properly compensated for your loss with our help. By calling (888) 373-7770, you can reach Winters & Yonker P.A., who can provide you with an attorney that will fight in your corner.