The loss of a loved one is devastating, and the pain is exasperated when you know their untimely demise was due to the negligent, reckless, or intentional actions of someone else. Taking legal steps might not be the first thing that comes to mind after losing a family member, but it is worth considering. The family is left distraught, grieving, and wondering how their lives will change with their loved one gone. Moreover, the financial burden of unpaid medical bills and the reduced income stream is another issue the family will contend with as they seek answers and justice for their dead loved ones. Review your claim with our personal injury lawyers today, call (888) 373-7770.
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What Is Wrongful Death
According to Florida laws, wrongful death is caused by the wrongdoing (careless, intentional, or negligent) actions of someone else. It would be best if you hired an experienced and reputable wrongful death attorney in Hudson, Florida, who prioritizes your case, ensuring that justice is served and those responsible are brought to book.
Some of the different legal grounds qualifying you to file a wrongful death claim in Florida include:
- Defective products such as drugs, machinery, vehicles, electronics, or medical devices lead to death during or after use.
- Medical malpractice, whereby there are issues like misdiagnosis, surgical error, medication errors, and medical injury.
- Criminal acts that include intentional homicide (premeditated murder)
- Engineering malpractice and faulty construction
- In-home and nursing home abuse or neglect
- Work accidents and premise liabilities like slip & fall accidents or injuries when working in construction.
- Pedestrian accident fatalities
- DUI (Driving Under the Influence of a substance)
- Illegal or improver service, as is where bartenders keep serving alcohol to a patron that is evidently drunk or intoxicated.
- Food contamination or sanitary misconduct in commercial establishments
Who is Able to File a Wrongful Death Claim in Florida?
If you are related to the deceased or are a beneficiary, you can file for a wrongful death claim. You also qualify to do the same if you are appointed to represent the dead or the party, making a claim. It is best to consult a Florida wrongful death lawyer to help determine if any factors might disqualify you from taking such an action. The attorney will guide you on what to do, how, and at what point.
If you are acting as a representative (Executor or Administrator), you are legally approved to file the claim on behalf of the dead loved one or their family. You can do this if you have the following relationship with the deceased:
- Married (spouse)
- Dependent parent
- An heir or heiress
Talk with a lawyer that specializes in wrongful death cases to know if you can file the matter.
Damages You Can Get From a Wrongful Death Claim
Several factors will be at play when determining the compensation, the family, relative, or beneficiary is entitled to the wrongful death claim. The party responsible for causing the wrongful death could be held liable for their actions, whether they are individuals, government entities, or companies.
In Florida, you can recover the following damages, but this also depends on the details surrounding your wrongful death claim:
It will cover the expenses incurred when treating the loved one’s injuries and during any recovery phase before their demise. As legal experts with years of experience in dealing with such matters, we are aware of how expensive medical care can be, that is why we push to ensure those responsible are legally required to cover the costs.
Future Lost Wages
The family or dependent of the loved one, who was their source of financial resources, will struggle to cater to their daily expenses since nobody is bringing in income. As such, this will cater to the amount that the deceased would have earned if they had lived and continued working.
Funeral Costs And Expenses
Funeral and burial costs in American tend to be high. Therefore, the family or beneficiary of the deceased can recover these damages when they file a wrongful death claim.
While it’s hard to place a monetary value on companionship, but the impact of the void created by the death of a loved one is undeniable. The surviving members will have lost a significant relationship that adds insurmountable elements to their lives. Having lost a partner, parent, child, or spouse, is a weight matter that you can seek compensation for through legal avenues.
How Do You Prove a Wrongful Death Claim in Florida?
A successful wrongful death claim in Florida needs to prove the following four elements:
You must show or prove that those responsible owed a “duty of care” for your dead loved one. The accused individuals should have acted in a manner that would prevent the death of a family member. Determining duty will be something that the court’s conclusions by weighing and considering how a “responsible person” would have acted in such a situation.
Breach Of Duty
Once a duty of care is determined, the next thing is to demonstrate that the party at fault violated or breached their duty of care, and your loved one died due to their actions or inactions.
The inaction or action of the party at fault resulted in the death of a loved one. Proving this is not that difficult because the “damage” in the matter is the demise of a family member.
With causation, proven liability (fault) is the primary factor; the breach of dust must be the reason for the death and sets grounds for their wrongful conduct. Where this is proven, the defendant will be held responsible for the demise of your loved one, and this will validate your claim making it successful.
How Do You File A Wrongful Death Claim In Florida?
The statute of limitations for filing a wrongful death claim is why you act as soon as possible if you want to secure your case and be able to get compensation. The law gives you two years from the date of the death of your loved one to file the claim. However, there are exceptions to this, depending on individual circumstances. Nevertheless, it would be best to consult a Florida wrongful death lawyer before taking any legal steps.
Contact our Hudson Wrongful Death Lawyers Today
The attorney will help you seek compensation for your financial and emotional damages incurred after losing your loved one. We at Winters and Yonker Law Firm have successfully handled numerous wrongful death claim cases. We have the professionals and resources needed to ensure you get justice for your dead loved one. Contact our law offices today and speak to our experienced Hudson Florida Wrongful Death attorney to know more about how we can assist you.