The loss of a family member results in significant life changes that can have a financial or emotional impact. If their death was due to the reckless actions or inactions of someone else, you might be eligible to file a wrongful death claim.
Get in touch with a reputable Town n’ Country wrongful death lawyer who can help you get justice for your deceased loved one and rightful compensation. Reach out to the personal injury firm of Winters and Yonker P.A. at (888) 373-7770 and book a free consultation.
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What Should I Expect From a Wrongful Death Claim?
It would be best if you considered working with experienced lawyers to help you navigate the process from start to finish. They will advise you and help you understand what to expect and is required of you.
Keep in mind that cause must meet specific criteria for it to qualify as a matter handled as wrongful death. Florida law requires the affected to give proof of negligence on the part of the parties at fault for the case to be a wrongful death claim.
For instance, if a person drives while intoxicated and causes an accident resulting in fatalities, this incident is most likely to constitute wrongful death.
Who Can File a Wrongful Death Claim?
While you might know or have been associated with the deceased, only a personal representative can file the wrongful death claim. Some of the individuals or parties who qualify to benefit from the claim include:
- Children (biological and legally adopted)
- Dependent Parents
- Listed beneficiaries or heirs and heiresses
- Any biological or legally adopted relatives might be eligible
When Should I File the Wrongful Death Claim?
The laws of Florida place a statute of limitations on when you can file a wrongful death claim – a maximum of two years from the date of the death. That means you are required to take the necessary legal actions within the stipulated two years or risk forfeiting the right to recover damages. Nevertheless, some factors or circumstances might allow for an extension of the statute of limitations, but they are rare.
Given this fact, you must consult an experienced attorney to know your options early in the process. Your attorney will help protect your rights and interests as you seek justice.
What Damages Are Recoverable in the Wrongful Death Claim?
In our years of offering legal services to different individuals seeking justice for wrongful death, we have come to understand the magnitude of the emotional and financial impact their loss has on their lives. Hence, we are always committed to helping them get maximum compensation to ease their burden. Florida law specifies the types of damages that beneficiaries are eligible to collect from a wrongful death claim. And note that they also depend on the recipient.
A surviving spouse may qualify to receive any of the following damages:
- Medical expenses
- Lost companionship and protection
- Lost support and services
- Emotional pain and suffering
- Lost wages and the families earning capacity (probable net income)
A surviving child or kids can be entitled to the following damages:
- Lost parental influence like guidance, companionship, provisions, and instruction (applicable only to minor children with no surviving parent)
- Emotional anguish
Parents of a Minor Decedent
The parents of a deceased minor child/children might be entitled to damages for emotional pain and suffering.
The Decedent’s Estate
The deceased’s representatives can recover the lost wages of their dead loved ones from the date of their injury to their death.
How We Can Assist With Your Wrongful Death Case
At Winters & Yonkers P.A., we are committed to helping our clients seek justice for their lost loved ones and receive compensation. We guarantee that you shall enjoy the following from our legal services:
Confidential and Complimentary Consultation
Confidentiality is an essential aspect of how we do things when handling wrongful death cases. Our confidential and complimentary consultation is our way of helping you to know more about our team of compassionate and experienced Town n’ Country wrongful death lawyers and what to expect from them. The discussion also helps you learn different factors about your case, your family, and the legal steps you must take.
For the death of an individual to be considered wrongful in the state of Florida, it should be due to another person’s recklessness, negligence, or intentional actions. Examples of such conduct that could lead to a wrongful death claim include:
- Work-related accidents
- Driving under the influence
- Medical malpractice
- Distracted driving
While the above information is not a complete list, claiming wrongful death will be valid in any situation where there is proof of negligence. We will investigate the matter to collect the evidence needed to determine the defendant owed your loved one a duty of care, and it was breached via careless or wrongful actions.
Prove Your Damages
Besides proving liability, demonstrating the significant life changes likely to impact the family after the untimely death of their loved one is also vital. Our team of Town n’ Country wrongful death attorneys shall assist you in collecting the evidence needed to establish a loss of income or financial support. The evidence could include crucial documents that include tax filings, mortgage loans, income statements, and witness statements and reports from experts and other viable individuals.
Evaluate Complex Cases
We know that all cases are unique and that wrongful death lawsuits can get a bit complicated. Unmarried parents and adoptive families are some of the unclear familial dynamics that complicate things further. Moreover, concerns regarding the statute of limitations also cannot be overlooked. We are a legal firm that is familiar with the laws of Florida, thus, we can help you make the right choices when seeking justice.
Negotiate a Settlement
Ideally, you will get a settlement offer from the party responsible or their insurance provider. It is a route worth considering since settlements offer a faster payout, and you avoid spending a long in court and the associated fees. However, we are equally prepared to take the matter to trial if you and your family feel that the settlement does not adequately cover your losses.
Call Our Town N’ Country Wrongful Death Lawyers Today
We cannot fully comprehend the impact the void created by the death of a loved one has on you and your family, especially when you depend on that person for emotional and financial support.
We at Winters & Yonker P.A. are more than glad to offer you the legal guidance and assistance you need when seeking compensation for your losses. Call our law offices today at (888) 373-7770 to schedule a free consultation and learn more about how we can help.