If you have lost a loved one due to someone’s careless or wrongful actions, you are entitled to recover compensation as per Florida law. However, proving the negligence of the other party in a wrongful death case isn’t that easy. You should always hire an experienced and skilled attorney to handle your case.
At Winters & Yonker, we employ some of the best Seffner wrongful death lawyers and have won millions of dollars in compensation on behalf of clients. We will be happy to speak with you and offer a free case review. Contact our personal injury lawyers in Seffner today by calling (888) 373-7770.
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How is Wrongful Death Defined in the State of Florida?
Florida’s Wrongful Death Act states that a person can file a wrongful death against the responsible party when a death is caused by negligence, a wrongful act, default, or breach of contract or warranty. It’s important that your lawyer establish that your case satisfies the wrongful death definition before filing a lawsuit. He or she should establish the following elements or the case will be dismissed:
- Conduct that amounts to negligence, a wrongful act, or breach of contract or warranty
- The conduct on which the lawsuit is based should have caused the death of your family member
- The conduct would have entitled the person injured to file a case and recover damages if he or she had not died
Proving a wrongful death case can be difficult. There are many factors to consider when proving that your loved one died as a direct result of the negligence of the at-fault party and not due to any other reason. There has to be sufficient evidence to prove the death was caused by negligence. Only then will the justice system will compensate the surviving family members. This is why it’s important to have an experienced Dover wrongful death lawyer handle your case.
Who is Qualified to File A Wrongful Death Claim in Florida?
In Florida, the personal representative of the deceased is the one who can initiate a wrongful death claim. They should list all surviving family members who may have an interest in the lawsuit. These family members may include:
- The spouse of the deceased
- The children of the deceased – minor children or those who are under 25 years of age are entitled to higher damages compared to adult children.
- The parents of the deceased
What Types of Damages are Recoverable?
The surviving family members of the deceased can receive compensation for all the expenses related to the wrongful death. Medical bills, funeral expenses, lost income, benefits, and other earnings are some of the damages you can recover in Florida. In fact, damages will be awarded to the surviving family members of the deceased based on the amount that the deceased would have contributed during his/her lifetime.
If your case involves the loss of a child due to the negligence of another party, financial assistance is given to the parents or surviving family members for mental and emotional suffering. Spouses would also receive compensation for loss of protection and companionship. If the deceased family member contributed to the education of another family member, compensation will be awarded for this too.
How is Negligence Proved in a Wrongful Death Case?
If you want to seek compensation in a wrongful death claim, four basic elements of negligence should be proved. These elements include:
- The party at-fault owed a duty of care to the deceased. The at-fault party had a legal duty to act reasonably to prevent any injuries being caused to the deceased. Duty of care will be decided by a jury or judge compared to how a reasonable person would behave in a similar situation.
- The at-fault party should have breached his or her duty of care. The breach occurs when the responsible party defies the duty of care.
- The actions of the at-fault party were directly responsible for the death of the deceased family member. Your lawyer will prove that the breach of duty of care led to the death of your family member.
- Damages resulted from the actions of the at-fault party. You should prove that your family member’s death caused damages to you and your family.
How Do You Start a Wrongful Death Claim in Florida?
Starting a wrongful death case is quite a complex process. Such a case is usually started by a representative of the estate of the deceased family member. You need to hire a professional and experienced wrongful death lawyer to prepare and file the lawsuit. Your lawyer knows how to collect evidence by interviewing expert witnesses in order to prove your case. Here at Winters & Yonker, we have some of the best wrongful death lawyers in Seffner, FL to handle your case.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
The main difference is who files the claim and the damages included. In an estate claim, the deceased’s estate will try to recoup expenses such as funeral and burial costs. It may also include medical expenses, pain, and suffering experienced by the deceased family member for the period of time the person lived.
Contact our Seffner Wrongful Death Lawyers Today
After a wrongful death, families often must deal with funeral expenses and medical bills in addition to terrible grief. Nothing can take away the pain of your loss, but a wrongful death lawsuit can ease the financial burden. If your loved one’s death was caused by someone’s negligence or wrongful actions, you are entitled to claim damages from the responsible party.