The loss of a loved one is never easy. Nothing hurts more than the death of your mum, son, or spouse due to the negligence or recklessness of another party. This can be devastating as you are left behind coping with the loss of your loved one.
At Winters and Yonker, we understand how tragic this matter is for you and your family. No amount of money can bring back your loved one. Nonetheless, the negligence party shouldn’t go unpunished. Our experienced Oldsmar wrongful death lawyers can help you get the justice you deserve for the loss of your loved one. We will go above and beyond, exhausting all our resources to help you secure your financial future.
Call Winters and Yonker today at (888) 373-7770 to start your claim process. Our aim is to help you get maximum compensation for your loved one’s death while protecting your legal rights. Remember, our personal injury lawyers operate on a contingency basis. You don’t pay anything unless we win!
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How is Wrongful Death Defined in the State of Florida?
In Florida, wrongful death is defined as the loss of an individual’s life as a result of wrongful acts, default, negligence, or breach of contract. Wrongful death occurs when a person passes on due to someone else’s willful or negligent actions.
At Winters and Yonker, our legal team is ready to help you prove fault in your wrongful death claim. Various legal grounds warrant you to file a wrongful death lawsuit in the state of Florida, including:
- Medical malpractice such as misdiagnosis, prescription mishaps, and surgical errors
- Defective products including electronics, appliances, and vehicles
- Motor vehicle accidents, including distracted driving and hit-and-run collisions
- Slip and fall accidents
- Workplace accidents, including those within the construction and engineering industry
- Negligent supervision in nursing homes
- Defective drugs or medical devices
Has a drunk driver hit your loved one? Did a surgeon leave surgical equipment inside your family member’s chest cavity? There are lots of situations that can result in wrongful death in Oldsmar, FL. You require the legal counsel of a seasoned Oldsmar wrongful death lawyer to get justice for the death of your loved one during such challenging times.
Who is Qualified to File A Wrongful Death Claim in Florida?
You may be wondering, “Can I file a wrongful death claim in Florida?” The state of Florida explicitly specifics individuals who can file wrongful death claims. You have the legal right to file such a claim in Oldsmar, FL, if your family member has passed on due to the recklessness or negligence of another party.
You are only eligible to file a wrongful death claim in Florida if you are a close relative. The deceased’s estate is left behind to beneficiaries. The personal representative of the deceased’s estate is the first party that qualifies to file an Oldsmar wrongful death claim. This can be done on behalf of the estate’s beneficiaries or survivors of the deceased.
Under the Wrongful Death Act, the State of Florida lists the following parties as survivors:
- The spouse of the decedent
- The children of the decedent
- The parents of the decedent
- Any blood relatives that depended on the support of the decedent. This also includes adoptive siblings
Contact an experienced Oldsmar wrongful death attorney today if you are unsure whether you are qualified to file a claim.
What Types of Damages are Recoverable?
You may be entitled to recover compensation for your loved one’s wrongful death in Oldsmar, FL. Various factors affect the settlement of a claim, including the dependants’ needs, the parties filing the claim, and the particulars of the wrongful death case.
The types of damages recoverable in an Oldsmar wrongful death claim are split into damages recoverable by survivors and those recoverable by the estate.
Survivors in a wrongful death claim can recover damages for:
- Pain and suffering
- Loss of guidance, companionship, and protection
- Loss of support
- Medical expenses if they were catered to by the survivors
On the other hand, the estate can recover damages for:
- Lost earnings
- Lost income
- Medical expenses
How is Negligence Proven in a Wrongful Death Case?
Florida applies the pure comparative negligence system to determine fault. The following four key elements are required to prove fault:
At Winters and Yonker, our reputable Oldsmar wrongful death lawyers will prove the defendant had a “duty of care” responsibility, be it a doctor, a chef, or a driver.
Breach of Duty
An experienced wrongful death attorney in Oldsmar, FL, will then demonstrate how the defendant failed to act as a “reasonable person” in the given circumstances, thereby violating their duty of care.
In a wrongful death claim, damage is easy to prove since it is the wrongful death of your loved one.
At Winters and Yonker, we will thoroughly go through your loved one’s medical records, accident reports, and other related documents to directly link the defendant’s negligence to your loved one’s death.
How Do You Start a Wrongful Death Claim in Oldsmar, Florida?
If your loved one has succumbed due to another party’s negligence, contact us as soon as possible. We will conduct investigations to unearth what happened and prove negligence.
We will go through all the evidence, including the autopsy report, to build a strong case. Winters and Yonker will ensure that your claim is filed before the two-year time limit for wrongful death cases in Florida elapses.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
During a wrongful death lawsuit in Florida, an estate claim and a wrongful death claim may arise. Damages and the parties responsible for bringing these claims are the significant differences between these claims.
A wrongful death claim can be filed by the surviving spouse, the decedent’s parents and minor children to recover damages like loss of parental guidance and companionship loss.
On the other hand, an estate claim is filed to recover any financial expenses incurred due to wrongful death, including medical bills and funeral and expenses.
Review Your Wrongful Death Claim With Our Attorneys
No amount of money can bring back your loved one. Still, any party responsible for the death of your loved one should pay. They should be held accountable whether it is an individual, a company, or a government agency.
You require the help of a knowledgeable Oldsmar wrongful death attorney on your side throughout your claim. At Winters and Yonker, our legal experts are ready to aggressively negotiate with insurers to secure the best compensation.
Please call our personal injury firm at (888) 373-7770 today to speak to one of our lawyers to schedule a free case review. We will answer any questions that you may have. Let us help you get the justice your family deserves.