It is very devastating to lose a loved one, and it can be even more painful when their death was caused by negligence or carelessness of someone else. After losing a loved one, many people don’t think about legal action because they want to focus on giving their loved one a send-off, but it is important. The family has to deal with losing a loved one and at the same time worrying about how they are going to live now that they have lost their loved one. Maybe there were medical bills left behind that the family has to pay. There is also the financial support the family was getting from the deceased.
An Egypt Lake-Leto wrongful death lawyer at Winters & Yonker can help you build a strong case and recover the compensation that you deserve. Contact us today for a free consultation with a personal injury attorney.
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What Is Wrongful Death
In the state of Florida, it is a death that results from the wrongdoing or carelessness from someone else. When you work with a wrongful death attorney, they make your case a priority and will do everything to make sure your case has been heard and the person who caused the death is held responsible.
There are different situations that can warrant a wrongful death claim in Egypt Lake-Leto Florida, with some of them being;
- Criminal actions, including intentional homicides
- Medical malpractice, such as medical injury, surgical errors, medication errors, or misdiagnosis
- Nursing home abuse or neglect
- Defective products. Defective products such as appliances, drugs, medical devices, electronics, or vehicles can cause wrongful death.
- Engineering malpractice and faulty construction
- Work accidents such as construction accidents
- Pedestrian accidents
- Driving under the influence of alcohol and other illicit drugs
- Food contamination in commercial establishments
- Premise liability e.g. slip and fall accidents
- Illegal or improper service, for example, a bartender serving more alcohol to a person who is clearly intoxicated.
Who Can File a Wrongful Death Claim in Florida?
The family members or beneficiaries of the deceased have the right to file for a wrongful death claim. Also, a person who has been appointed to represent the person making the claim can be allowed to file. It is a good idea to talk with a Florida wrongful death attorney because they will help you determine whether you can make a wrongful death claim or not. You will be advised on what to do.
If you are looking to become a representative (also known as Executor or Administrator), you can file on behalf of your loved one. You have the legal right to file for a claim if you had the following relationship with the deceased:
- An heir or heiress
- Dependent parent
- Chosen beneficiary
You need to talk to an attorney because it is a sure way of knowing whether you can file for a wrongful death claim. You need to talk to an attorney dealing with wrongful death cases.
What Damages Can You Recover from a Florida Wrongful Death Claim?
There are many factors that are going to be considered when determining what the family is going to get from the wrongful death claim. Some of these factors include the parties involved with the case, the needs of the family of the deceased, and factors surrounding the case.
Individuals, government entities, and companies can be held responsible for wrongful death in Florida if their actions resulted in the death of a person.
Below are some of the damages you can recover from a wrongful death claim in Florida, but this is going to be determined by the details of the case:
This refers to the expenses that the family has to meet when their loved one was getting treated before their death. Medical care in the country is very expensive, and this is why the at-fault party needs to cover the costs.
Future Lost Wages
When a family loses a loved one, they will have lost the wages because their loved one can not bring in income. When calculating this amount, the courts look at how much the deceased would have made in their life had they not lost their life.
The U.S. has high funeral costs and expenses, which is why the family has the ability to recover these expenses from the claim.
It is impossible to put an exact value of companionship, but damages can help. When a family loses a loved one, they lose an important relationship. A child loses a parent, a spouse loses a partner, and the parent loses their child.
How Can a Wrongful Death Case Be Proved in Florida?
There are four elements to prove in a wrongful death claim:
You will need to show that the part-at-fault owed your loved one a “duty of care” when proving negligence. What this means is that the at-fault party needed to have acted in a given way that would have prevented the death from happening. The court is going to look at what a “reasonable person” would have done in such a situation.
Breach of Duty
The next step will be to demonstrate that the at-fault party breached or violated the duty of care. This can be because of the defendant’s action or inaction.
An easy way of seeing causation is a fault. For the defendant to be found negligent, their breach of duty must have caused the death.
The wrongful death caused damages to your family. Damages could be funeral expenses, medical bills, or emotional trauma.
How Do You Get Started with Filing a Wrongful Death Claim in Florida?
Florida has a statute of limitations for wrongful death claims, and this is why you need to do it as soon as possible. The statute of limitations in most cases is two years from the day of the death. The statute of limitations can be modified under some circumstances, but the best thing you can do is talk to an attorney who has specialized in wrongful death cases. They will provide you with accurate information and make sure everything is done right.
After losing a loved one, you suffer both emotionally and financially. Talk to an attorney who will advise you on your next step.
Contact an Egypt Lake-Leto Wrongful Death Lawyer
One of the hardest things in this world is losing a loved one, and the worse part is you have to keep living a life without them. If their death was a result of wrongdoing or negligence of another party, then talk to an attorney in Egypt Lake-Leto, Florida. A personal injury lawyer at Winters & Yonker will help you in getting the compensation you and your family deserve.