In an ideal world, we would all live to be 90 years old and die of natural causes. Nobody would ever die in an accident and we would never have to bury our children. Unfortunately, we don’t live in an ideal world and the need for personal injury lawyers is a sad reality. People die in accidents every day and When it is someone else’s fault, we want justice. We want somebody to pay. This is only natural. When we lose a loved one in an accident, we are angry.
The problem is, at a time like this, the most important thing is to get our family through the grieving process. The last thing we want to do is think about lawsuits or claims. Sadly, this is a necessary part of a wrongful death claim. This is why you should retain the services of a compassionate lawyer. St Petersburg wrongful death attorney will work to get your family the compensation it deserves.
In most wrongful death cases, the accident was caused by somebody’s negligence. There are cases where people acted intentionally and meant to kill our loved ones. However, these are rare and are often dealt with in the criminal court system. Lawyers deal with the civil side of wrongful death cases. They set out to prove that a third party is responsible for your loved one’s death. They do this by proving negligence. If you’ve lost a loved one due to negligence, you need a wrongful death lawyer by your side.
If your family member is killed in an accident, you want to contact an aggressive attorney in Tampa at Winters and Yonker immediately. You are going to be dealing with a lot of emotions in the months to come. Don’t let the aggravation of a wrongful death lawsuit burden you. Rely on a St Petersburg wrongful death attorney to handle it for you.
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How can an Attorney in St. Petersburg Help You?
We hope that you never need to call a wrongful death lawyer. We would rather never hear from you than learn that your family member has died. However, if your loved one is the victim of wrongful death, an experienced St Petersburg wrongful death attorney can make the situation a little easier to get through. We know that people die – it happens every day. You can’t turn on the news without seeing reports of deadly car accidents.
The problem is, we always think it happens to someone else. We never expect to have it happen in our family. There are all sorts of things that can lead to a wrongful death case in Florida. Most wrongful death cases involve serious accidents – car accidents, explosions, and fires. The types of accidents that usually result in wrongful death in Florida include:
Serious car accidents often lead to wrongful deaths. Some of the most dangerous types of accidents include drunk driving, speeding and head-on collisions. Given the nature of these accidents, it’s not surprising that people die. If your loved one dies in a car accident, a wrongful death lawyer will fight to get you the compensation you deserve.
Truck accidents are deadlier than any other kind of accident. This is because trucks are so much larger and more powerful than a car or SUV. The extent and severity of the injuries sustained in a truck accident is enormous. A driver in a car or SUV doesn’t stand a chance against a tractor-trailer. There were more than 44,000 accidents in Florida last year involving commercial vehicles. In 2015, over 3,500 people In Florida died in truck accidents. Almost all of the people who died were driving the car or SUV. This is why it’s so important to contact a St Petersburg wrongful death attorney.
Motorcycle and bicycle accidents
The problem with motorcycle and bicycle accidents is that nothing stands between the rider and the road. When a car hits a cyclist, the impact is huge. The cyclist doesn’t stand a chance of survival when the only thing protecting them is a helmet. Wrongful death attorneys handle hundreds of these cases every year.
We expect doctors to make us well. We don’t expect them to hurt us. The problem is that doctors are human. They make mistakes. Some of these mistakes lead to the deaths of their patients. If your loved one is killed in a medical malpractice case, you need an experienced wrongful death lawyer. He will do what it takes to ensure the doctor and his insurance company pay.
As difficult as it may be to believe, manufacturers put products on the market that hurt people – even kill people. Some products have a design defect. Others are not made properly. Both of these defects can lead to serious injury and even death. Some of the most common types of products that lead to wrongful death cases include:
- Power tools and lawnmowers
- Children’s toys and games
- Dangerous drugs
We go to work expecting nothing but to make enough money to take care of our family. We don’t imagine that something could happen at work that will take our lives. When a work-related accident leads to the death of a loved one, you need a St Petersburg wrongful death attorney.
When these accidents happen, people get hurt and even die. If this happens to someone in your family, call a St Petersburg wrongful death attorney.
How Do You Prove Wrongful Death in Florida?
Obviously, the plaintiff in a wrongful death case is never the person who dies. The case is brought by a family member on behalf of the person who died. This person is almost always an immediate family member. The point of a wrongful death case is to seek compensation for the losses suffered when a loved one dies. In order to prove a wrongful death case, your lawyer needs to show the following:
- The plaintiff’s family member died because of the reckless, careless or negligent acts of the defendant
- The defendant owed the victim a duty of care.
- The defendant’s negligence caused your loved one’s death. The defendant may argue that the decedent was partially at fault for their death. However, even if this is true, the victim’s family may still have a viable wrongful death claim. A skilled St Petersburg wrongful death attorney will do what it takes to prove your claim.
- Your family member’s death must actually result in damages. Some damages are financial and others are in the form of pain and suffering.
A skilled wrongful death attorney will be compassionate and understanding. They understand that your mind is elsewhere and that your focus is on grieving. They’ll do what it takes to move your case along. They want you to take care of your family. They’ll work hard to get your family justice. They also will fight to get you the compensation you deserve.
Who Can File a Wrongful Death Claim in Florida?
Wrongful death plaintiffs are people related to the person who died. It’s usually a spouse or child who files a wrongful death claim. It may also be a parent or sibling. It depends on the circumstances of your case. Florida has strict laws on wrongful death. They only allow the following people to recover under a wrongful death action in Florida:
- The victim’s spouse, children or parents
- Any blood relative or adopted sibling who is either partly or wholly dependent financially on the deceased
If you meet these criteria, you may be able to file a wrongful death lawsuit. You will want to contact a St Petersburg wrongful death attorney right away. They can explain to you how the legal process works for a wrongful death case. They will try to resolve things with the insurance company so the matter isn’t dragged out.
What Damages Are You Entitled To?
In order to file a wrongful death suit, you have to actually suffer damages. As terrible as it sounds, when a young person dies, the damages are greater than they are for an older person. The same is true for people who are employed. A person with a lucrative career will lead to greater damages than a housewife. With that being said, you can’t file a wrongful death suit simply because somebody died. If you didn’t suffer damages, your case is not worth anything. Your wrongful death lawyer has to prove that the defendant caused your loved one’s death. He must also prove that you have suffered a loss.
There are two types of damages in a wrongful death case. The first type is meant to provide the family with compensation for what they would have enjoyed had the victim not passed away. The second type is designed to make up for the expenses directly related to the accident.
Under Florida law, your St Petersburg wrongful death attorney is allowed to demand the following:
- Value of support the deceased would have provided to surviving family members
- Loss of companionship and guidance
- Mental and emotional pain and suffering
- Medical and funeral expenses
- Lost wages, benefits, and earnings
- Lost prospective net accumulations of the decedent’s estate
Your wrongful death attorney will do everything he can to get you the compensation your family deserves. In order to prove damages, you have to provide your wrongful death lawyer with certain information. He is going to need the following:
- Tax records showing how much your loved one earned
- Investments that will no longer mature because of your family member’s death
- Funeral and medical expenses
- Any other relevant information related to damages.
Your wrongful death lawyer will present all the evidence to prove your damages. It is important that you keep in contact with him throughout the case. Insurance companies often deny wrongful death claims in whole or in part. They cannot stay in business by paying every claim that’s submitted to them. There could be many reasons for their denial. If they deny your claim, your wrongful death attorney will contact them and ask that they approve the claim. He will work hard to negotiate a settlement with the defendant’s insurance company. If they refuse to negotiate, he will have no choice but to file a lawsuit on your behalf.
Contact a Wrongful Death Attorney Today
If your loved one has died as a result of an accident, you need to contact a St. Petersburg wrongful death lawyer immediately. You will be dealing with funeral arrangements and estate matters. You aren’t going to have time to deal with insurance companies as well. Let a St. Petersburg wrongful death attorney handle all of this for you. Wrongful death attorneys have to file lawsuits from time to time.
Insurance companies don’t always do the right thing. Even in clear-cut negligence cases, they may deny the claim for an unknown reason. When push comes to shove, however, they would rather settle a case than end up in court. Some insurance companies settle wrongful death claims just to avoid negative publicity. Others understand that it can be more expensive to right a claim than it is to pay it. This is where your wrongful death lawyer comes into play.
He can negotiate with the insurance company to find a resolution that works for everyone. Whether it is an accident on someone’s property resulting in an injury and requiring the services of a premises liability lawyer, or worse yet, an accident resulting in wrongful death and requiring the services of a wrongful death attorney, you can be sure that Winters and Yonker has a personal injury lawyer that can help you.
Wrongful death lawyers understand how hard it is to deal with the death of a loved one. They also know how hard it can be to prove a wrongful death case. Thankfully, they also know how to convince a jury that you are entitled to damages. They understand that most jurors are very sympathetic to plaintiffs who have lost a loved one. Trials can lead to much higher awards than the insurance claim.
This is why insurance companies prefer to settle. If your loved has been killed due to negligence, you need to contact a St. Petersburg wrongful death lawyer today. The initial consultation is free and you pay nothing until you settle your case!