Whenever you lose a loved one it often causes major life changes, both financially and emotionally. If the negligent actions of another party caused your loved one’s death, you might have the right to file a wrongful death claim. A Valrico wrongful death attorney can help guide you through this very difficult and complex process.
When you are ready, give the personal injury lawyers at Winters & Yonkers P.A a call at (888) 373-7770.
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What You Can Expect in a Wrongful Death Claim
Although our lawyers will handle all of the aspects that are involved in your claim from the beginning to the end, it is always helpful to know what you can expect. In order to establish wrongful death, the law in Valrico requires negligent actions to be proven.
For instance, if someone drove a vehicle while they were intoxicated and caused a car accident that resulted in the death of your loved one, most likely that would constitute wrongful death.
A Wrongful Death Claim Can Only Be Filed By Certain Parties
A wrongful death claim can only be filed by a personal representative. The parties below can benefit from this type of claim:
- Surviving spouse
- Children (both biological and legally adopted)
- Other legally adopted or biological relatives might be eligible
- The decedent’s estate can benefit as well
There Is a Limited Amount of Time Available for Filing a Claim
The statute of limitations for filing a wrongful death claim in Valrico is two years state on the date of the deceased’s death. That means your lawsuit or claim needs to be filed within that two-year time frame or you run the risk of losing the right to receive compensation. There are certain circumstances that might extend the general statute of limitations. However, those are rare situations.
It is critical to discuss what legal options are available to you with a qualified attorney early in the process in order to protect your right to seek compensation.
Types of Damages That Can Be Recovered in Wrongful Death Claims
We truly understand the devastating emotional and financial effects that come with losing your loved one. We will help you seek compensation to ease this burn. Valrico has very specific types of damages that can be collected by a beneficiary in wrongful death claims.
The kinds of damages that can be recovered will depend on who the beneficiary is.
The following can be recovered by a surviving spouse:
- Loss of services and support
- Loss of protection and companionship
- Lost earning capacity (also called probable net income)
- Lost wages
- Medical expenses
- Emotional pain and suffering
Children can recover the following:
- Emotional pain and suffering
- Lost parental guidance, instruction, and companionship (for minor children only unless there is not a surviving parent)
A Minor Decedent’s Parents
The parents of a child who has sustained a wrongful death might be entitled to recover for their emotional pain and suffering.
A Decedent’s Estate
A personal representative of the decedent’s estate can recover the lost wages of the decedent from the date the decedent was injured to the date of their death.
How We Can Help Your Wrongful Death Case
Our attorneys can help your wrongful death claim in Valrico, Florida, by:
Provide You With a Complimentary and Confidential Consultation
We understand that a wrongful death case has a strong need for confidentiality. The complimentary and confidential consultation that we provide is an excellent way for you to start to get to know our compassionate and skilled team of legal professionals and to learn more about what you can expect when you file a wrongful death claim. Also, the consultation will allow us to learn more about your case and family so that we can take the necessary legal steps.
It is required under the law in Valrico for a death to be the result of another party’s intentional act or negligence for it to be considered wrongful. The following are some examples of negligence that would result in a wrongful death claim:
- Medical malpractice cases
- Work-related accidents
- Driving under the influence
- Distracted driving
However, this is not a comprehensive list. It is possible for a wrongful death claim to be valid in any circumstance where negligence has occurred. We will collect all of the evidence that is necessary to prove that a duty of care did exist and the wrongdoing took place. This is one of the most important steps in the legal process of proving a wrongful death.
Proving Your Damages
Along with proving liability, it also is critical to show that significant life changes are very likely to occur as a result of the wrongful death. We can help you collect all of the necessary supporting evidence and documents that are needed to establish that a loss of support or income has occurred. Some of the most important documentation can include personal witness statements, mortgage loans, expert witness reports, tax filings, and income statements.
Evaluate Complex Cases
Each case is different, and that can make a wrongful death legal process quite complex. Unclear familiar relationships such as unmarried parents and adoptive families can complicate the process even further. There also could be concerns regarding the statute of limitations. Our lawyers are thoroughly familiar with the laws in Valrico and can help you take the right steps that are necessary to file your lawsuit.
Negotiate a Settlement
The negligent party or their insurance company will often give you a settlement offer. There are many advantages to settlements, including reduced court fees, a faster payout, and having to spend less time at court. However, if your family and you do not think that the settlement covers your losses adequately, we are prepared to take a lawsuit to court.
Call a Valrico Wrongful Death Lawyer Today
It is never easy to lose a loved one. However, when you have relied on that individual for emotional and financial support, it can be even more challenging for you to overcome your loss. We can help you obtain the compensation that you need and deserve. Give our Winters & Yonkers P.A. injury attorneys a call at (888) 373-7770.