The loss of a loved one can be very traumatizing. It hurts more when the death was caused by the carelessness, negligence, or intentional acts of another party. Legal action may not be the first thing that crosses the minds of people who’ve lost a loved one.
However, it is very crucial for you to seek assistance from a Riverview wrongful death lawyer. Your family has to deal with the grief of losing one of their own. They also have to deal with the ups and downs of their lives after the death of a loved one. Still, there may be accrued medical bills that need to be settled by the family. The financial support of the deceased is also lost. Our personal injury attorneys can help you deal with these financial uncertainties.
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What Is Wrongful Death?
In Florida, the wrongdoing or careless acts by an individual can cause loss of life. Such deaths are termed as wrongful deaths. For you to get justice in the event of wrongful death, you require the help of a wrongful death lawyer in Riverview, Florida. A lawyer will ensure you get the justice you deserve. He or she will not rest until the perpetrators are held responsible for their actions.
Various legal grounds warrant individuals to file wrongful death claims in Florida. They include:
- Criminal actions such as intentional homicide
- Medical malpractice including surgical mistakes, medication errors, misdiagnosis, or medical injury
- Malpractice in the engineering and construction industry
- Neglect or abuse in nursing homes
- Pedestrian accident deaths
- Defective products including medical devices, appliances, drugs, electronics, and vehicles can lead to wrongful deaths.
- Accidents while at work such as construction accidents
- Issues with sanitation and food contamination in commercial premises
- Slip and fall accidents that makeup premise liability issues
- Deaths caused by driving under the influence of alcohol or illicit drugs
- Illegal or unprofessional service such as when a bartender continues to serve liquor to an individual who is obviously intoxicated
Who Is Qualified to File a Wrongful Death Claim in Florida?
A member of the family or beneficiary is legally entitled to file a wrongful death claim in Florida. Still, an appointed individual to represent the party making the claim can file a wrongful death claim. It is wise to speak to a Florida wrongful death lawyer before making a claim. A lawyer can advise you on whether you meet the qualifications to file a claim. Still, an attorney can offer you a roadmap on the procedures that you need to implement while making a claim.
You can file a claim on behalf of your loved one if you are interested in becoming a representative. A representative is also known as an executor or administrator. You are eligible to become a representative in the event of a wrongful death claim if your relationship with the deceased was as a:
- Dependent parent
- An heiress or heir
- An appointed beneficiary
You should contact a lawyer experienced in wrongful death matters to find out whether you are eligible to file a claim.
What Types of Damages Can You Recover from a Wrongful Death Claim in Florida?
Lots of different determinants need to be considered when settling for the amount of compensation that will be awarded to a family in the event of a wrongful death claim. The parties constituted in the claim, the needs of the family that the deceased left behind, as well as matters regarding the case, need to be considered when the claim is being determined.
Persons, companies, and government agencies could be held liable if their actions lead to wrongful deaths in Florida. You can recover damages for the wrongful death of a loved one in Florida. This depends on the details of the case. You can recover the following damages:
The treatment of your loved one’s injuries could be costly. You may be forced to settle his or her medical expenses. Regrettably, you still end up losing your loved one after meeting these bills. The parties at fault should be held responsible and forced to pay these bills.
Future Loss of Earnings
The death of a loved one comes with the loss of future earnings. The left-behind family will never enjoy the earnings of the lost loved one. He or she isn’t around anymore to earn money for the family. An estimate of what the individual would have earned in his or her lifetime is determined for appropriate compensation to be made.
Expenses and Costs of the Funeral
In the US, the expenses and costs of funerals are typically high. These damages can be recovered when a family makes a wrongful death claim.
Putting a price on the value of companionship is difficult. Still, damages for lost companionship can go a long way in compensating family members. You lose an important relationship when you lose a loved one. A partner losing his or her spouse, parents losing their child, or children losing their parents can be very devastating.
How Is Negligence Proved in a Wrongful Death Case in Florida?
In order to prove a wrongful death claim in Florida you need to establish these four elements:
Proof of negligence should be provided, showing that the responsible party had a “duty of care” obligation to your loved one. This implies that actions could have been taken that would have prevented the occurrence of the accident. The courts will consider the actions that a “reasonable person” would have taken in the same incident. This is key in determining duty.
Breach of Duty
Then, it’s critical to show that the at-fault party breached or violated the duty of care. An action or inaction by the involved party can demonstrate this breach.
It is easier to think of causation as a fault. Negligence in the case is as a result of the defendant breaching his duty. This, in turn, led to death.
The wrongful death caused losses to survivors. Such losses could include loss of companionship and funeral expenses for example.
You can successfully prove that the defendant caused the death of your loved one when these elements are satisfied. This translates to a successful claim.
How Do You Start Filing a Wrongful Death Claim in Florida?
A statute of limitations exists in Florida for filing wrongful death claims. For this reason, you need to act promptly. Mostly, this limit is two years from the day your loved one lost his or her life. The statute of limitations can be modified under special circumstances. It is necessary to speak to a Florida wrongful death lawyer before filing a wrongful death claim.
Reach out to your lawyer if you’ve lost a loved one through wrongful death. You aren’t in the best emotional state after a devastating loss. You may also have financial troubles.
Schedule a Free Consultation With a Riverview Wrongful Death Lawyer
It hits really hard when you realize you’ll never see your loved one anymore. Talk to a Riverview, Florida wrongful death lawyer today at Winters & Yonker if the death of a loved one was caused by another party’s wrongdoing or negligent acts. This will put you on the right trajectory to get compensation for the death.