Losing a loved one because of an accident, especially if someone was careless, acting intentionally in a wrongful way or negligence can be tough on anyone. Once you have lost a family member, you are left behind with grief. Even worse, you will be worried about your financial future especially when handling the medical bills as well as the financial support your loved one provided before their death.
At Winters and Yonker, our Plant City wrongful death lawyers are ready to help. We understand that we can’t make the grief of losing a loved one go away. We know that you need to be practical after your loved one has passed. That’s why you need to do everything possible to make sure that your financial future is safe. Our personal injury lawyers are here to protect your legal rights. We will make sure that you receive full and fair compensation after your loved one has passed.
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Damages For A Wrongful Death Claim
The law mandates that companies, individuals or government entities causing the death of someone because of their negligent and careless behavior should be held responsible legally. After a wrongful death case, close family members such as minor children, spouses, or parents of minors who were killed wrongfully can file a claim in court. They can be awarded compensation in the terms of:
- Medical bills for treating the injuries sustained by the deceased prior to their untimely passing
- Funeral expenses
- Lost wages/income that the deceased would have earned in their lifetime and the support they would have provided if their untimely death did not happen
- Loss of companionship to compensate the surviving family members for losing an important person in their life
Determining the exact amount for wrongful death can be quite tough especially evaluating all the options above. That’s where actuarial experts and other expert witnesses provide important information about life expectancy and the deceased’s earning potential.
However, you need the services of a wrongful death lawyer like Winters & Yonker P.A. We will help you build a strong case and ensure you receive the full compensation you need after your loved one has passed because of a wrongful death situation.
Proving a Wrongful Death Claim in Florida
Once you have decided to file a wrongful death suit on behalf of the estate of the deceased, you need the best Plant City wrongful death attorney. Winters & Yonker P.A will assist in providing the legal elements of the claim such as;
Duty Of Care
When proving negligence in a Plant City wrongful death case, we will show that the party at fault owed the deceased duty of care as mandated by the law. Take the instance of a motor vehicle accident. A defendant driver owes the plaintiff (a motorcyclist) and other drivers on the road a duty of driving in a prudent and careful manner. As such, the driver has a duty to operate the vehicle reasonably just like any other driver in the same circumstances.
Breach Of Duty Of Care
When proving negligence, we will show that the defendant violated the standard of care the deceased deserved under the circumstances. In the event of a motor vehicle accident, if the driver ran a stop sign or red light and ended up colliding with a motorcyclist in the traffic intersection causing the death of the deceased, it will be viewed as negligence from the driver.
For the deceased’s estate to be recovered in a wrongful death action in Plant City, we will prove that the negligent act of the defendant resulted in the death of the deceased. As such, the estate should prove that the death of the deceased was foreseeable and it would not have happened if the defendant was not negligent.
Plant City’s Wrongful Death Statute Of Limitations
A statute of limitations is in place to ensure that lawsuits and claims are filed in a timely manner. If the cases take too long before being filed, evidence will become stale and the potential trial witnesses will become unavailable. As such, by imposing deadlines for filing a lawsuit allows the trial evidence to remain fresh and for cases to be resolved in a timely manner.
In Plant City, the statute of limitations for wrongful death is 2 years from the death of the deceased. In some circumstances, it’s a hard and fast deadline. It means that if the claim or lawsuit is not filed in the applicable time period, the estate is barred from filing a claim or lawsuit forever. Also, they can’t seek any monetary recovery in the future.
Time is very important in a wrongful death case. If you are the personal representative of the deceased’s estate, you should not delay in taking the necessary legal action. With the help of the best Plant City wrongful death attorneys at Winters & Yonker P.A, you can file your lawsuits or claims for wrongful death on time.
Review Your Claim With Our Plant City Wrongful Death Lawyers
Wrongful death claims are very complicated and involve a lot of significant factors. That’s why you need to get help from the best attorney to get guidance and answers. We have offered assistance for wrongful death cases in Plant City for a long time and we are here to help. Call one of our offices today to get the best and most professional help regarding your case.
We understand what you are going through and know this is the toughest time for you. However, if you don’t act soon, you will miss out on the statute of limitations for wrongful death cases. Call us now and we will get started on your case immediately.