In recent years, wrongful deaths have multiplied rapidly. These types of deaths are brought by negligence from one party which leads to the death of another person. In these types of cases, a person has to bring a case against the defendant in a court of law, most of the times the people do this are close relatives of the deceased. These types of deaths can be brought by many malpractices. For instance, wrongful deaths can be brought by unsafe products, wrong medical reports, amongst other negligent acts.
These cases can be quite difficult to solve and come to a conclusion given the strict laws that govern such cases. Winters And Yonker’s East Lake wrongful death lawyers specialize in such cases and could be the surest way to begin your claim and be guaranteed to get the right compensation for your loved one. Contact us today and get our skilled and qualified personal injury lawyers to handle all your matters and improve your chances of getting compensation.
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How Does Florida Define Wrongful Death?
According to the state of Florida, Wrongful Death Act, a person is at liberty to proceed with a lawsuit against any person’s acts that lead to any wrongful death, may it result from ignorance, warranty, or even violation of a contract. The above indeed is legal grounds for one to file a wrongful death claim here in Florida.
Deaths resulting from wrong or not well-labeled products, like, for instance, one taking wrongly labeled drugs. Electronics, home appliances, and even unlabeled medical devices can result in product liability claims.
Another scenario that can lead to wrongful death claims here in Florida is medical malpractice. This category includes but not limited to; errors during surgery, wrong diagnosis as well as misdiagnosis.
Moving on, another thing that can lead to wrongful death claims here in Florida is malpractices when it comes to engineering and construction. Additionally, acts of crime which includes planned homicides, auto accidents which occur due to driving or operating machines while under the influence, gruesome pedestrian accidents, sanitation problems that could lead to food poisoning in public eateries, and of course poor handling of alcohol by a bartender by continuously serving alcohol to an already drunk person. If anyone is affected by one of the above, then they are at liberty to seek a wrongful death claim.
What Is the Qualification for One to File a Wrongful Death Claim in Florida?
A wrongful death claim here in Florida can be filed by the deceased’s next of kin or the person who has been named in their will. If there is no written document directing anyone to take the case up, the court automatically appoints one to take the matters on behalf of the family of the deceased. For any claim, the court representative will indicate any member who has a keen interest in the case.
Under the governing laws of the wrongful death act here in Florida, the deceased person’s guardian, spouse, and even the children can file for the claim. It is also important to note that close relatives and adopted siblings who fully depended on the deceased or a child sired out of wedlock may as well come and demand a wrongful death claim.
The Types of Damages Recoverable
More often than never wrongful death claims are compensated by giving money to the deceased person’s people. The damages are divided into two, one category is for those damages for the estate to recover and for the deceased person’s relatives/beneficiaries (survivors) to recover.
The damages that a survivor can recover are for:
- The value of services or any support the deceased was providing.
- The emotional pain and stress caused by the suffering of losing a loved one.
- Loss of protection or any companionship that the deceased provided.
- Any expenses paid for by the survivors e.g medical and funeral bills.
- he estate of the deceased can recover the damages for the following;
- Any earnings/wages that the deceased would have been expected to make if they were alive
- The value that the estate would have gotten from the deceased’s earnings
- Any expenses paid for by the estate i.e medical, funeral, etc
How Do You Establish Proof of Negligence in Wrongful Death Cases?
In Florida, the elements you need to prove are:
This means the plaintiff should show that the defendant was expected by law to give care to the deceased.
The plaintiff is required to prove that the defendant violated the duty of caring for the deceased either through action or inaction. They are allowed to show whether any lucid person would have acted in a manner different than what the defendant did.
The plaintiff must prove that death was the result of the defendant’s breaching their duty of care.
The plaintiff must prove that the wrongful death has caused losses, such as the loss of support and funeral expenses for example.
How to Start a Wrongful Death Claim in the State of Florida
The law in the state of Florida requires that a wrongful death claim be filed by a representative of the deceased’s relatives within two years of the death. The shock and emotional strain that comes after the death of a loved one is tremendous and one may not automatically think about getting an attorney. However, having an attorney file for a wrongful death claim right away increases the chances of winning the claim.
An attorney that specializes in wrongful death claims is advantageous because they understand the law better and can take you through the process while explaining any statements that you do not understand. An experienced lawyer can help you build a great case and get the necessary documents organized. With this, you have a better chance of getting compensation.
File Your Claim With Our East Lake Wrongful Death Lawyers
We are experienced and qualified to handle even the most complex cases because we know what to look for. Numerous laws govern wrongful death claim cases, so having reliable attorneys is a great first step to getting what you deserve. Our wrongful death attorneys at Winters & Yonker can help you understand what the case requires.
We understand that grief is a difficult process which is why we strive to offer the best services. Call us today to get a free consultation.