A loved one’s unnecessary death is one of the most tragic and traumatic events many people will ever encounter. A wrongful death may happen through a person’s – or a manufacturer or company’s – complete inaction, wrongful actions, or negligence in a crisis. The term “wrongful death” basically refers to the resulting fatality. Wrongful deaths might leave families suffering, both financially and emotionally, because of the loss of future financial support. You need a skilled Tarpon Springs Wrongful Death Lawyer on your side.
In case a parent is killed because of another individual’s negligence, then his or her kids have forever lost financial support, as well as parental care and guidance. On the other hand, a surviving spouse has also lost the comfort and love of a husband or wife.
Undoubtedly, no amount of money will ever compensate for the loss of a dear one. Nonetheless, economic damages obtained through a civil action might relieve the financial devastation endured by the surviving family members. A professional Tarpon Springs wrongful death lawyer would be necessary for such a situation.
Don’t hesitate to call our Tarpon Springs lawyers at (888) 373-7770.
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How Is Wrongful Death Defined in the State of Florida?
A Tarpon Springs Wrongful Death Lawyer at Winters & Yonker understands that they need to carefully take into account the definition of wrongful death in Florida before filing suit. Generally, the definition makes it clear which actions can constitute wrongful death and those that don’t.
According to the Florida Wrongful Death Act, wrongful death is the death of an individual caused by the wrongful acts or negligence of another party. Furthermore, deaths resulting from the failure of someone to respond when they had an obligation or duty to do so fall within this definition of wrongful deaths. Typically, wrongful deaths might be brought if the victim would have rightfully deserved to sue for damages.
Who Is Qualified to File a Wrongful Death Claim in Tarpon Springs, FL?
You might be wondering who has the legal standing when it comes to filing a wrongful death claim in Florida? You must be the deceased person’s family member to file a wrongful death claim in Tarpon Springs, FL.
In case you decide to pursue legal action, then your lawyer will investigate the death and the cause of that particular accident. They will also establish the negligent party (parties), and secure your family’s rights throughout the entire legal process.
At Winters and Yonker, we’ve acquired extensive experience in negotiating and advocating vigorously on behalf of families. We always dedicate ourselves to achieve your rightful justice and the compensation your family requires and deserves.
What Types of Damages are Recoverable?
Apart from your family’s compensation, Florida courts might order the compensation of punitive damages. This is meant to punish the defendant and prevent a similar negligent behavior later on.
In case you accidentally lose a spouse, parent, or child, it may be hard to think of anything but your grief. However, you should reach out immediately to an experienced Tarpon Spring wrongful death lawyer who will define your family’s rights. They will also inform you how the law works in your wrongful death case.
As you already know, danger is lurking almost everywhere. Your smartphone or cigarette lighter might explode for no reason at all and without warning. Simply going out to dinner might put you in a tragic traffic accident or even put you at risk for medical malpractice or food poisoning.
In case you’ve lost a family member to wrongful death, you will be dealing with financial, emotional, and legal matters all at the same time. A professional wrongful death lawyer may help your family obtain the compensation that you might require and your rightful justice.
How Do You Prove Negligence in Your Wrongful Death Case?
There are four key elements to consider when proving negligence in a wrongful death case. These include:
The plaintiff must show the court that the defendant owed the decedent a duty of care in that particular circumstance.
The plaintiff must prove how the defendant violated/breached that duty of care. This can be through a particular action or inaction when another reasonable individual in a similar situation would have acted appropriately.
The plaintiff must be able to prove that the death resulted from the defendant’s actions and not some other cause.
The defendant’s breach of duty directly resulted in the death in question.
How Do You Start a Wrongful Death Claim in Florida?
Filing a claim because of the wrongful death of your loved one involves a lengthy and tedious process. In case you choose to file by yourself, you will be dealing with compiling paperwork. What’s more, you will negotiate with the at-fault party, and research the wrongful death law. Needless to say, you’ll be trying to grieve the loss of your family member at the same time.
You should also work out the amount of your potential award, since any miscalculation may cost the family members left behind the money they rightfully deserve. Fortunately, a Tarpon Springs wrongful death lawyer can accurately determine the cost of your loved one’s economic and non-economic contributions to the family. Your lawyers can accurately determine the future income/ pension income your dear one may have contributed in case they had survived.
What’s more, a wrongful death lawyer can also ensure that your case is filed promptly, fully complies with all state-mandated regulations, and adheres to all legal guidelines. Because of these reasons, a Tarpon Springs wrongful death lawyer might prove worthy in your wrongful death case.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
An estate claim is usually brought by the victim’s estate to pursue compensation for the financial damages related to the victim’s death. A wrongful death claim, on the other hand, is a civil claim that’s made by surviving family members to obtain punitive damages and compensation for the value of their family member’s life.
Contact A Tarpon Springs Wrongful Death Lawyer at Winters & Yonker
Wrongful death claims are often complex and demand a strong insight into Florida law. In case you have questions or feel like you might have a wrongful death case, you should call one of our Tarpon Springs lawyers at Winters and Yonker. We can provide you with legal advice and more information on your case.
Call us today at (888) 373-7770.