No one likes to see their loved ones die. But if your loved one dies due to someone else’s negligence, you have every right to file a wrongful death claim. However, you need a specialist to handle your case. You need an experienced Sarasota wrongful death lawyer who knows how to pursue these claims and squeeze every penny from the offender. This requires not only experience but also the ability to judge the defense’s every step.
Your team needs to stay a step ahead of the defense to win the case. And Winters and Yonker is the best injury law firm serving Sarasota, FL, which has a record percentage of wins in these lawsuits. Therefore, if you feel helpless after the death of your loved one, and you want to file a wrongful death claim, call us at (888) 373-7770 for immediate help.
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How is Wrongful Death Defined in the State of Florida?
According to the Florida Statutes Section 768.19, anyone who dies due to someone else’s negligence, wrongful act, or breach of contract, is a wrongful death. The estate, guardian, or partner of the deceased person may file a civil lawsuit in the Florida court and seek a legal remedy for the death and the causes leading to it.
A wrongful death claim isn’t the same as homicide, manslaughter, or murder cases. These cases go under the criminal court and not civil court. The primary objective of a wrongful death claim or wrongful death lawsuit is not to put the defendant in jail or ask the court to punish him severely. Instead, it’s a lawsuit to ask for compensation for the deceased’s surviving loved ones for their losses.
Who is Qualified to File a Wrongful Death Claim in Florida?
A personal representative or a wrongful death lawyer should initiate the official complaint. It is best if you leave this part to us. Our lawyers know when and where to submit the legal documents in Sarasota, FL. Sending a personal representative makes the duration of the case length. The representative should come under the estate plan of the deceased. Alternatively, it can be someone appointed by the court. The representative then needs to file the wrongful death claim on behalf of the deceased’s family members suffering due to their loved one’s death.
You don’t need to go through so many legal procedures if you hire us. Our certified lawyers will start working on the case as soon as you appoint us with your case. You don’t need to go through so many legal procedures if you hire us. Our certified lawyers will start working on the case as soon as you appoint us with your case.
Here are some of the people who can file a wrongful death claim in Florida:
- The deceased’s parents.
- The deceased’s children (minors under the age of 25 are eligible for higher damages than adult children).
- The deceased’s spouse.
- Relatives who were dependent on the deceased financially may also be eligible, but only after the above beneficiaries get a chance to file their claims.
What Types of Damages Are Recoverable?
As already mentioned, the civil court handles wrongful death claims. This means the deceased’s estate brings the case to court and not the government. Your lawyer will express your wrongful death claim in terms of financial damages. Here are some of the damages recoverable under wrongful death claims:
- The value of services and support provided by the deceased to its family members.
- The loss of protection, companionship, and guidance offered by the deceased.
- Emotional pain and mental trauma due to the loss of a child.
- Medical bills and funeral expenses to the surviving family members of the deceased.
What if the deceased was the only bread-earner of the family? In that case, the deceased’s estate can claim for the following:
Lost wages, other earnings, and any financial benefits that the deceased received before dying. Our lawyer will calculate the amount the deceased used to make every month and prepare a lawsuit to receive damages extending for years until one of the family members becomes the next bread-earner.
Lost prospective net accumulations or the value of the estate’s earnings if the deceased had lived. Again, our lawyer will calculate everything in detail and come up with a figure that suffices your living cost.
Medical bills and funeral expenses that the estate paid directly.
How is Negligence Proven in a Wrongful Death Case?
Here is a four-fold pattern that we follow to prove the negligence of the offender in a wrongful death case:
- Duty – Our lawyers will show how the defendant owed the deceased a duty of care and could not fulfill his duties.
- Breach – Your lawyer will also prove how your opponent violated or breached his duty of care. It can be due to intentional negligence or through specific actions where another responsible person wouldn’t do the same thing or act inappropriately.
- Damage – The lawyer will explain how the defendant’s violation of duty led to the death of the deceased.
- Causation – Your lawyer will prove step by step how the negligence of the defendant resulted in the death of the deceased.
How do you start a wrongful death claim in Florida?
There Are Two Ways to Start a Wrongful Death Claim in Florida
First, if you hire a wrongful death lawyer. Winters and Yonker is one of the leading law firms in Sarasota, FL, offering this type of service for years. We know the legal procedures and can handle your case and win it on your behalf.
Second, you need a personal representative to file the wrongful death claim. However, the personal representative’s name should be present in the deceased’s estate plan or will. The court will appoint a personal representative if the deceased doesn’t have a will or estate plan.
Schedule a Free Consultation With a Sarasota Wrongful Death Lawyer?
A wrongful death claim allows the estate to get compensation for the death of the loved one. This may include lost wages and other earnings. On the other hand, an estate claim offers damage compensation that the deceased could have recovered had he recovered.
If you need any help regarding wrongful death claims in Sarasota, FL, don’t hesitate to call our personal injury lawyers at (888) 373-7770. We will come to your rescue right away.