The untimely demise of a family member can have lasting implications, and the situation will anger the family if it was a wrongful death attributed to someone else’s actions. That someone can be a manufacture, company, or person. Such a sudden death often leaves the decedent’s family struggling financially and emotionally.
When a family primary provider or caregiver dies, they are robbed of guidance, care, love, support, and comfort the person provided. It is a void that might be hard to fill. Furthermore, the money awarded to the surviving beneficiaries will not be enough to compensate for their loss. This is something our Ruskin wrongful death lawyers fully understand even as we dedicate our expertise and resources to helping the bereaved family pursue a wrongful death lawsuit to ensure those responsible for their loved one’s death are held accountable.
Our personal injury lawyers can help you prepare your claim and ensure you are awarded fair compensation for your loss, pain, and suffering after your loved one’s untimely demise. At Winters and Yonker, we have highly experienced and reputable law professionals that can fight for your departed’s rights. Call (888) 373-7770 today to speak to our Ruskin, FL, wrongful death lawyer and schedule a free case evaluation.
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How Do Florida State Laws Define Wrongful Death?
Anyone who loses a relative in a wrongful death attributed to the negligent, deliberate, or indifferent someone else’s actions can sue those responsible and seek compensation for losing their loved one. According to the Florida State’s Wrongful Death ACT, such acts that cause the death of another person include:
- Breach of warranty and contract (like when regarding product/service defects)
- Intentional act (like regarding a case involving premeditated murder)
- Negligent/reckless (like when dealing with fatal drunk driving accidents)
Who Qualifies To File A Wrongful Death Claim In Florida?
Under Florida State laws, those with direct relations with the deceased, and designated personal representatives, qualify to file a wrongful death lawsuit. However, the said person must also be listed in the decedent’s estate plan or will. Nevertheless, the court can appoint a representative on the family’s behalf if their late loved one had not stated in the estate plan to oversee such legal matters.
We shall fill the claim on behalf of the departed’s estate and the designated beneficiaries. The deceased’s appointed estate’s representative is legally required to list everyone with vested interests in the wrongful death claim and the fair disbarment of the awarded compensation and estate’s entirety.
What Types Of Damages Are Recoverable?
According to State laws in Florida, the decedent’s family and estate can recover damages by filing a wrongful death lawsuit seeking compensation for the following:
- Expenses the family incurred due to the departed’s medical and funeral/burial expenses.
- Lost protection, care, guidance, love, and companionship that the dead family member provided.
- Emotional anguish the family endures because of the unexpected demise of their loved one.
- The financial safety and support the departed provided to the family. It also will include the family’s lost income source
How Does A Ruskin Wrongful Death Lawyer Prove Negligence?
Your lawyer will strive to prove in the wrongful death case that your loved one’s unexpected demise was due to another’s actions, highlighting the accused’s recklessness, negligence, or intent to harm the departed. The four elements we must prove are:
- Duty: The duty of care the plaintiff owed the decedent.
- Breach: The plaintiff breached the said duty of care.
- Causation: The plaintiff’s actions are directly responsible for your loved one’s death.
- Damage: The departed’s untimely demise brought about unexpected, quantifiable losses, such as treatment and medical costs, lost wages, funeral/burial expenses, lost income source for the family, and lost comfort and companionship.
How Do You Start a Wrongful Death Lawsuit in Florida?
Given the complexities of wrongful death claims, it is best to find reliable, professional legal representation from an experienced lawyer. At winters and Yonker, we have a highly qualified and dedicated attorney that will represent you and your departed family member.
The lawyer handling your case will conduct thorough investigations, gathering enough evidence to support your claim. The process has numerous legal challenges that our legal team must surmount to ensure you have the best chances of winning the maximum compensation even before filing the claim in a civil court.
Once we start the legal process, the plaintiff’s side will request information regarding the charges leveled against them, as we also shall request them to share the information they have regarding the same. This will be the discovery stage that results in a date set for the trial’s hearing. Please note that the complexities of the facts surrounding your case and the jury/judge’s availability will influence how long the trial will last.
What Is The Difference Between Estate Claims And Wrongful Death Claims?
Wrongful death claims and estate claims are interlinked, having ties to the same event. However, the distinction between the two arises from; (1.) the claimant’s relationship to the deceased and (2.) the damages pursued in the lawsuit.
Under Florida State laws, only the relatives or beneficiaries listed in the decedent’s estate plan are eligible to file a wrongful death claim, suing those responsible for their loved one’s death.
Conversely, the departed’s estate has the right to recover incurred losses like medical costs and funeral/burial expenses, which can be pursued through an estate claim. The damages can also include pain and anguish attributed to the demise of their family member.
Hire Dependable Legal Counsel From Winters And Yonker And Get Dedicated Representation
The sudden loss of a family member can be traumatic, especially when the decease is the primary breadwinner. Although no amount of money suffices to fill the void left and compensate for the lost life, we believe that you can get fair compensation to help the family move on and be financially stable.
But pursuing a wrongful death claim in Ruskin, Florida, is never an easy undertaking. It requires adequate knowledge of the various legal hurdles to overcome, hence hiring the best lawyers in town. At Winters and Yonker, we have highly professional and accomplished attorneys that can help you fight for your late loved one’s rights. Call our personal injury law firm today at (888) 373-7770 to speak to our Ruskin, FL, wrongful death lawyer and get the ball rolling. The lawyer will schedule a non-obligatory case review to determine what your case is worth and advise you on what you must do going forward.