Are you searching for a highly regarded wrongful death lawyer in Florida? This article will inform you what needs to be taken into consideration when selecting a dependable Gibsonton wrongful death lawyer to deal with your case. A wrongful death lawyer knows the legal process’s ins and outs and will assist you to save money and time compared to if you were to try it yourself. Continue reading to find out why you should consider working with a qualified injury attorney when faced with a wrongful death claim.
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How Is Wrongful Death Defined In The State Of Florida?
As per Florida’s Wrongful Death Act, a person can file a suit against the party responsible when death has resulted from a wrongful act like negligence, default, and breach of warranty or contract. This includes:
- Intentional actions like hitting somebody with a hammer with the sole intent of bringing harm to the person
- Negligent actions like striking somebody with a hammer accidentally
- Having an obligation towards somebody and later on breaching that responsibility
- Breach of warranty like product defects
There are a plethora of scenarios that can result in a wrongful death suit. In Florida, some of the regular reasons for wrongful death claims are filed include:
- Criminal behavior that results in murder
- All types of accidents including plane, automobile, pedestrian, bicycles, and train
- Medical malpractice
- Death during a supervised activity
- Exposure to hazardous conditions or substances or conditions as part of a person’s occupation
Who Is Qualified To File A Wrongful Death Claim In Florida?
Florida’s wrongful death statutes mandate that the deceased person’s representative should be the one to file the claim. The representative might be stated in the will or estate plan of the deceased person. In the event the deceased loved one doesn’t have a will or estate plan, the court has jurisdiction to name the representative. The deceased person’s representative should make a list of each survivor laying a stake in the wrongful death claim. The deceased’s parents, siblings, kids, spouse, or blood relative who wholly or partly dependent on the deceased individual for support can claim damages in a wrongful death suit in Florida.
What Types Of Damages Are Recoverable In A Wrongful Death Lawsuit In Florida?
In case a loved one has kicked the bucket as a result of an automobile accident, workplace accident, defective product, medical malpractice, or any other horrifying event, you have legal precedent in the State of Florida. You can pursue reimbursement from the party at-fault for the loved one’s unfortunate demise. Consider filing a wrongful death claim with the assistance of an experienced and qualified wrongful death attorney in Gibsonton, FL.
Florida’s Wrongful Death Act sanctions the reimbursement of two primary types of damages, like damages given to the deceased’s survivors for their emotional loss and damages given for funeral costs, medical costs, and net accumulations loss. As per wrongful death regulations in FL, survivors are the deceased parents, kids, spouse, or any dependent person like an adopted sister or brother or blood relative. Net accumulations refer to the loss of the deceased person’s savings that S/he would have otherwise accumulated if they didn’t die because of wrongful death.
Under the law, the deceased person’s survivors have merit to pursue compensation for the loss of protection, loss of services and support, psychological anguish and suffering, and any funeral or medical expenses paid on the deceased person’s behalf.
Damages Available To The Estate Of The Deceased
The estate of the deceased can seek damages for net accumulations loss, loss of earnings, medical expenses, and funeral expenses. Loss of net accumulations of income capacity depends on the determination of what would have been left by the deceased in the estate if S/he didn’t die prematurely.
How Is Negligence Proven In A Wrongful Death Case?
In a Florida wrongful death claim, the plaintiff should definitely prove four standard elements to win the claim and get sufficient reimbursement for his/her loss.
Duty Of Care
He or she should be able to prove that the defendant was at fault for not adhering to the deceased person’s duty of care. For instance, in a car accident case, the driver behind the wheel has the mandate to drive responsibly and follow all the road regulations and rules.
Breach Of Duty Of Care
After duty of care has been proven by the plaintiff, S/he has to show evidence that the defendant in question was in breach of the duty of care. In the car accident example mentioned above, the driver may have been driving drunk or speeding when S/he was in breach of that duty of care.
The plaintiff must show proof that the death was caused by the actions of the defendant and not anything else. For instance, even if the driver was speeding in the moments leading to the incident, they are not liable for the wrongful death if it was a mechanical problem that resulted in death. If the resulting death was due to a defective vehicle part, the manufacturer might be held accountable.
From there, the plaintiff has to prove that the wrongful death caused damages to the survivors. Damages can include emotional trauma, funeral expenses, medical bills, and loss of earnings.
How Do You File A Wrongful Death Claim In Florida?
According to the Statute of Limitations in Florida concerning a wrongful death case, the plaintiff has two years following the death date to file a claim. In case your claim is because of medical malpractice, there’s a time window for the issue to get investigated. Before a medical malpractice claim is filed, a notice of intent should be sent to the would-be defendant. A wrongful death suit is quite intricate and will start with the estate’s personal representative appointment. That’s why to hire an experienced and qualified wrongful death attorney in Gibsonton, Florida.
Discuss Your Claim with Our Our Gibsonton Wrongful Death Lawyers
Have you or a person you know lost a loved one due to another party’s negligence? If that’s the case, you should enlist the top wrongful death attorney Gibsonton Florida to deal with your claim. A wrongful death lawyer knows the legal procedures and will assist you in saving money and time. Contact Gibsonton Florida Wrongful Death Lawyers now to deal with your case!