Dealing with the death of your loved one is difficult. It is even more difficult to deal with the death if the cause of the death was due to the negligent actions of someone else. Fortunately, Florida law allows you to bring a lawsuit against the negligent party. You can file a wrongful death claim to redress the untimely death of your loved one.
We recommend you hire our North Port wrongful death lawyers. We understand the legal process and can help you avoid making mistakes that can harm your wrongful death case. We will evaluate the potential value of your claim. And we will save you time.
Having skilled and trustworthy North Port personal injury lawyers on your side is comforting because you know someone has your back. It gives you time to grieve your loved one. Here at Winters and Yonker, we have worked on several wrongful death cases. We will ensure you are not taken advantage of. Give us a call today at (888) 373-7770 for a FREE case evaluation.
Table of Contents
How is Wrongful Death Defined in the State of Florida?
You will find the definition of wrongful death in Florida’s Wrongful Death Act. It states that a person can file a wrongful death lawsuit against the person at fault if the cause of the death was because of breach of contract or warranty, default, negligence, or wrongful act.
Who is Qualified to File A Wrongful Death Claim in Florida?
The person qualified to file a wrongful death claim in Florida is the personal representative of the dead person’s estate. The personal representative can be named in the estate plan or the will of the dead person. The court appoints the personal representative if there is no estate plan or will.
The personal representative files a wrongful death claim on behalf of any surviving family members and the estate of the dead person. That is why the personal representative must list the names of any survivors who have an interest in the wrongful death case.
What Types of Damages are Recoverable?
Wrongful death is a civil claim because the government does not bring it to court, but the estate of the dead person brings it to court. The law expresses liability in wrongful death cases in terms of money damages. The following are the recoverable damages that the surviving family members and the estate:
- Loss of protection, guidance, and companionship provided by the dead person,
- Value of services and support the dead person was providing the surviving family members,
- Mental and emotional pain and suffering because of the loss of a child,
- Lost benefits, wages, and other earnings, which include the value of lost earnings that the dead person could have made if he or she had survived,
- Medical or funeral expenses the surviving family members have paid for the dead person,
- Lost of the value of earnings the estate reasonably expected to have collected if the dead person had survived,
- Medical and funeral expenses that the estate paid directly.
How Do I Prove Negligence in a Wrongful Death Case?
The court of law requires the plaintiff to prove that the defendant was negligent. The court of law can dismiss a wrongful death case if the plaintiff fails to prove negligence. Therefore, the plaintiff needs to prove the following four factors to show that defendant was negligent.
It is a must for the plaintiff to prove that the defendant owed a legal duty to the plaintiff in a wrongful death case.
The plaintiff must prove that the actions of the defendant or lack of actions breached that duty.
The plaintiff must prove that the actions of the defendant directly or indirectly led to the wrongful death in question.
The plaintiff must prove that the death in question arose because of the actions of the defendants.
How Do I Start a Wrongful Death Claim in Florida?
There must be a legally supportable reason to start your wrongful death claim in Florida. As a surviving family member, you must prove that the deceased loved one lost their life because of an intentional act or negligent actions of someone else.
You must also prove that your family was directly affected emotionally and financially because of the death of your loved one. That is why you need to establish these two things to start a wrongful death claim.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim is a civil lawsuit that a person can bring to court when a wrongful act or negligence of someone else causes the death of someone else. The estate of the dead person can seek compensation for that death and the losses from that death by bringing a civil lawsuit in courts in North Port, Florida.
An estate claim is for recovering damages on behalf of the deceased. It is about the pain and suffering and the loss that the deceased suffered before death. The damages from an estate claim are paid directly to the estate. They are not paid directly to the surviving family members.
Schedule a Free Consultation With Our North Port Wrongful Death Lawyers
A person can face felony criminal charges and a long prison sentence if they take someone else life, whether intentionally or as a result of negligence. However, it is difficult for the loved ones of the deceased person to deal with the loss. The surviving family members of the deceased person can file a wrongful death lawsuit against the party responsible for the death of their loved one.
Do not face the loss of one of your family members alone. We encourage you to hire a wrongful death lawyer to help you get the compensation your family rightfully deserves. Wrongful death lawyers work on contingency, meaning you will not pay a fee or retainer upfront. Therefore, it is more affordable to hire a wrongful death to represent you.
Do you want to file a wrongful death claim in North Port, Florida? We recommend you schedule a consultation with our skilled and experienced wrongful death lawyers in North Port, Florida. You can ask our lawyers any questions you may have because they are here to help you. Our personal injury firm is available 24/7. And we are ready to help you achieve justice, so call Winters and Yonker today at (888) 373-7770.