It’s a devastating experience when you lose someone close to you. The experience turns even more painful when you come to know that you lost someone due to someone else’s negligence, carelessness, or intentionally wrongful conduct. Typically, a family that has just lost a loved one does not want to consider taking legal action but it is extremely important.
The family not only has to cope with the grief of losing a loved one but they might also have to worry about their finances. It could be due to the medical bills that they still have to pay. It could also be due to sudden loss of income which was being brought in by the deceased. If you have lost a loved one due to another party’s negligence contact the personal injury lawyers at Winters and Yonker at (888) 373-7770 for a free consultation.
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How Does Florida Classify Wrongful Deaths?
In the state of Florida, wrongful death is defined as someone losing their life due to the wrongdoing or careless actions of others. An experienced wrongful death attorney in Lithia, FL will ensure that the party responsible for the accident is held legally responsible and justice is served.
There are a number of legal grounds that can lead to a wrongful death claim in Florida. Here are a few:
- Engineering malpractice and faulty construction
- Various criminal actions including intentional homicide
- Medical malpractice cases including surgical errors, misdiagnosis, medical injury, or medication errors
- Wrongful death due to the use of defective products such as electronics, vehicles, appliances, drugs, or medical devices
- Fatality in pedestrian accidents
- Neglect or abuse at a nursing home
- Workplace accidents such as construction site accidents
- Accidents at a shop or premises involving slip and fall
- Sanitation issues or food contamination issues in commercial establishments
- Driving under the influence
- Illegal or improper service such as serving alcohol to a clearly intoxicated person
Who Can File a Wrongful Death Claim in Florida?
The legal right of filing the wrongful death claim in Florida lies with the beneficiary or a family member, or a representative of the person who is making a wrongful death claim. It is important to get in touch with a wrongful death attorney in Florida such as the lawyers at Winters & Yonker to determine whether you have a case or not. Our team of experienced attorneys will offer you expert advice on the things you need to do in order to make a claim.
If you are a representative (also known as Executor or Administrator), you have the legal right to file a claim on behalf of the deceased. You are legally allowed to file a wrongful death claim in case you have a certain relationship with the individual who has passed away. This relationship could be a spouse, child, chosen beneficiary, heiress, or heir, as well as a dependent parent.
In case you have any doubts, you should get in touch with experienced attorneys specializing in wrongful death cases at Winters & Yonker.
Damages That Can Be Recovered in Florida Wrongful Death Claims
As far as the amount of compensation a family can get for a wrongful death claim is concerned, it depends on a variety of factors. These factors might include the needs of the family left behind, parties involved in the case as well as other factors in the case.
In the State of Florida, government entities, companies as well as individuals can be legally held responsible in case their actions led to the wrongful death of your loved one. Here is a list of the factors that will cover the financial compensation that can be claimed in a wrongful death case:
These refer to the medical expenses the family had to pay for the treatment of injuries before the deceased passed away. As you are aware, it’s expensive to get medical care and in case of a wrongful death claim, the medical expenses need to be covered by the at-fault party.
Loss of Future Wages
The family that lost a loved one will also have to deal with the loss of income as they won’t get the income that would have been brought in by the deceased. This calculation is based on the amount of money the deceased person would have earned during their lifetime in case they kept working and brought in the income.
Expenses Related to the Funeral
Funeral costs a lot of money in the US, and a family is allowed to recover these expenses in a wrongful death claim.
Loss of Companionship
Loss of companionship cannot be measured in dollars but financial compensation can help a bit. An important relationship has been lost by the surviving family members. The children have lost the parents, the parents have lost a child and a spouse has to live with the loss of their partner.
How do You Prove Negligence in a Wrongful Death Claim in Florida?
When filing a wrongful death claim you need to prove the following elements:
Duty of Care
In order to prove negligence, it needs to be demonstrated that the at-fault party had a duty of care for the deceased. It simply means that the at-fault party should have acted in a manner to prevent death. In order to determine the scope of duty, the courts look at the response of a reasonable person in that particular situation.
Breach of Duty
In this step, it needs to be demonstrated that the at-fault party breached or violated the duty of care. It could be due to a particular action or lack of action by the defendant.
Lack of action or a certain action on part of the defendant led to the death of an individual. It should be relatively easy to prove as certain actions led to the loss of life.
Think of causation as a fault. In order to determine the negligence of a person, it needs to be proven that their breach of duty led to death.
On meeting these conditions, the courts are going to hold the defendant liable for the death, and it means that your wrongful death claim is successful.
The Process of Florida Wrongful Death Claims
In the State of Florida, the statute of limitations applies when it comes to filing claims for wrongful death. This is why you need to act quickly. In most such cases, the limit is two years from the day of the death of your loved one. There are also some exceptions to this.
In case you have any doubts, you should get in touch with an experienced wrongful death attorney at Winters & Yonker in Lithia, Florida before taking any action. It is the best option for you when you lose someone as you might be suffering emotionally as well as financially.
Let Our Lithia Wrongful Death Lawyers Help You
It is one of the hardest things to bear when you lose a loved one as you have to continue to live your life without them. If your loved one lost their life due to someone else’s wrongdoing or negligence, you should immediately get in touch with an experienced wrongful death attorney in Lithia, Florida to get fair compensation for your loss.