Losing a loved one is a difficult time for anyone and it can lead to a series of questions regarding the cause of death.
If you believe your loved one passed away due to a negligent act then it is time to understand what your legal options are in this type of situation. You can reach out to the Lutz wrongful death lawyers at Winters and Yonker to get started the right way.
We are well-trained, qualified, and will know how to help as soon as the process begins. To get started, call just our personal injury lawyers at (888) 373-7770 and begin working on fighting for your loved one.
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How is Wrongful Death Defined in the State of Florida?
Florida has a distinct Wrongful Death Act, which cites any death that was caused due to a breach in the duty of care, negligence, and/or other surrounding circumstances can be listed as wrongful death.
It is up to the representative to prove this is the case and the defendant is solely responsible for the deceased’s death.
As you are building the case, we believe it is best to have appropriate legal representation in Lutz. This is the best way to make sure you have a professional that has expertise in these types of cases alongside for the journey.
Who is Qualified to File A Wrongful Death Claim in Florida?
When it comes to claiming a wrongful death in Florida, it has to come from a personal representative that is cited in a will. If it is assumed there is no personal representative and/or will, the court can move forward with assigning the personal representative if it deems it necessary.
We realize this is a complicated process in comparison to other types of lawsuits, which is why we can help every step of the way. Give us a call to learn more at (888) 373-7770.
What Types of Damages are Recoverable?
You can recover both economic and non-economic damages as a wrongful death client.
In most cases, you are going to look towards economic damages, which means the idea is to focus on any costs that were incurred after the wrongful death (i.e. medical fees, burial costs).
It is also possible to move forward with non-economic damages that include stress, grief, PTSD, and anxiety to name a few.
These are just some of the damages that can be claimed when it is time to put together a comprehensive legal claim against the other party in Lutz.
How is Negligence Proved in a Wrongful Death Case?
Negligence is the heart of any wrongful death case and that is what you will have to prove when fighting your case in a court of law.
To prove negligence, you will have to go through the listed steps.
- Duty of Care – You will have to show the defendant was responsible for their actions that led to the death.
- Breach in Duty of Care – If the defendant didn’t follow through on their responsibility which caused the wrongful death.
- Damage – It is important to demonstrate the defendant’s breach of duty led to the wrongful death.
- Causation – It is important to demonstrate the defendant’s specific actions led to the death rather than surrounding causes.
Go through all of these details and then build your legal claim in Lutz.
We will be more than happy to help you with this process at Winter and Yonker.
How Do You Start a Wrongful Death Claim in Florida?
When it is time to move forward with this type of legal claim, you will have to focus on understanding what the regulations are in the state of Florida.
For wrongful death claims, you will have to provide evidence associated with the claim against the defendant. This will include citing why the other party is wrong and was negligent.
You will have to make sure the wrongful death claim comes within two years from the time of the incident. Please note, the clock doesn’t start ticking from when the individual passes away. Instead, it will count from when the specific accident occurred.
Keep this in mind and make sure to reach out to our law firm in Lutz, FL. We will be more than happy to discuss all of these details with you right away.
Call us at (888) 373-7770 for more information on what we can do for you in a wrongful death lawsuit.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
There are strict differences associated with the two legal terms and it’s essential to know what the differences are in advance.
A wrongful death claim refers to any lawsuit that is set up against a defendant that may have been negligent leading to death.
On the other hand, an estate claim is simply a lawsuit against the deceased based on unpaid debts and/or other grievances that can be paid out of the estate.
These are two different things and shouldn’t be associated with each other.
It is recommended to learn more about your legal options with the help of our law firm at Winters and Yonker. We realize this is a difficult time for you and there are several things to go through before filing a legal claim.
Due to this, we can set up a detailed consultation at Winters and Yonker once you call (888) 373-7770.
Review Your Claim With A Lutz Wrongful Death Lawyer
When it comes to wrongful death, there are several important details to go through. This includes understanding the legal nuances of building a strong case in Lutz, FL.
Since we represent thousands of clients each year and are home to a large team of professionals, our law firm can support you every step of the way. This is ideal for those who want to make sure their wrongful death lawsuit goes ahead as planned.
If you want to learn more about what our law firm can do for you, please give us a call at (888) 373-7770. We will take the time to go through the case details and also provide insight into what has to happen next.