If you are in Florida, and you are trying to find an attorney for a wrongful death case, you can find many reputable attorneys that will be able to help you. However, it is imperative that you do background research on the law firms that offer these services, plus determine whether or not they have been successful in the past.
Choosing a Palmetto wrongful death lawyer to help you may take some time, or you could simply call one of the best law firms in the state of Florida. If you are searching for a law office that handles wrongful death cases, you should certainly consider scheduling an appointment with the Winters and Yonker law firm. You can do this by contacting our personal injury lawyers at (888) 373-7770.
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How Is Wrongful Death Defined In The State Of Florida
Wrongful death is defined by Florida’s Wrongful Death Act. It states that someone is able to file a lawsuit against an individual that could be potentially responsible for negligence, a wrongful act, or a breach of contract or warranty. Examples of this would be someone purposefully striking another person with an object with the intent to inflict harm. In the event that this person dies, they would regard this conduct as something that could lead to a lawsuit pursue damages. However, the person filing the lawsuit must still qualify in the eyes of the court as someone that has the ability to file a claim.
Who Can File A Wrongful Death Claim In Florida
In the state of Florida, representatives of the deceased person, and their estate, may have the ability to file a wrongful death claim. This representative must be an individual that is in the estate plan or the will of that person, or it could be someone appointed by the court. It can also be filed by immediate family members. This may include children, spouses, adopted children, or even the parents of unmarried children. Likewise, domestic or life partners, distant family members, and financial dependence who are suffering due to their death financially may also have the right to file a wrongful death claim.
What Types Of Damages Are Recoverable?
The types of damages that are recoverable as a result of this civil action will fall into two distinct categories. The first category involves what has occurred in between the time of the malicious act and the time that they pass on due to complications associated with what has happened.
An example of this would be a car crash, and if the person is found guilty of committing a wrongful death act, they would be responsible for all of the medical bills up until the point the person dies. The second category is much broader, covering losses that can be attributed to family members that have suffered from financial losses.
How Is Negligence Proved In A Wrongful Death Case?
To prove that someone else’s negligence resulted in the death of a loved one and that compensation should be paid to those that remain, you must show that financial hardship will occur as a result of their death, and this is often presented via four elements referring to their negligence. These four elements or pillars include owed duty of care to the victim, breached duty of care, and that the responsible party was directly associated with their death. The fourth element refers to damages that have resulted through the actions of the party at fault.
For example, a breached duty of care could be someone that has ignored traffic signals or signs that led to them ending the life of this person. To prove that the duty of care was breached, accident reports, medical records, and other types of documentation will be shown in court to prove that they were responsible. The damages will only be awarded once this is proven which may include loss of earnings, medical expenses, and funeral costs. The court may also order that money for pain-and-suffering, or emotional trauma, be included in the final settlement.
How To Start A Wrongful Death Claim In Florida
A wrongful death claim in Palmetto, Florida, can be started by a personal representative of the deceased person and their estate. The paperwork for filing a wrongful death claim, you have just 2 years of the date of their death to file this claim. The statute of limitations in the state of Florida has set this limit. This is most easily accomplished when working with a law firm that specializes in wrongful death cases. They will know exactly what to do, as well as how to build your case to prove that the perpetrator is truly responsible for the death of a loved one.
The Difference Between A Wrongful Death Claim And An Estate Claim In Florida
A wrongful death civil suit can be brought before the Florida court to prove a wrongful act, or even negligence, on the part of one party that has led to the death of a person. An estate claim represents a claim against the deceased person’s estate, seeking money that is owed. This designation will be easily determined and understood by a law firm that files both types of claims in the state of Florida. Therefore, to avoid filing the wrong paperwork, it would be advantageous to work with a reputable injury law firm that serves Palmetto, Florida.
Schedule a Free Consultation With a Palmetto Wrongful Death Lawyer
If a loved one has recently died, and this is the result of negligence on the part of another person, filing a wrongful death lawsuit might be in your best interest. To determine if this is something that you can file, you can speak with law firms that are in the Palmetto area of Florida. If you want to work with the best attorneys, contact the law firm of Winters and Yonker today. They will be more than happy to this into your case, and decide whether or not they will be able to help you file this claim. For more information, please call (888) 373-7770 or complete our online contact form!