When you lose someone close to you, it can bring about significant emotional and financial changes to your life. If you lost a loved one due to the negligent actions of another party, you are legally eligible to file a claim for wrongful death. An experienced personal injury lawyer specializing in wrongful death cases in Florida can guide you through this difficult process.
Get in touch with the Wesley Chapel wrongful death lawyers at Winters & Yonker P.A. for a free consultation: (888) 373 – 7770.
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Wrongful Death Claim – Expectations
Our team of experienced attorneys will take care of your wrongful death claim from beginning to end but you should be clear about what to expect.
The Wesley Chapel law needs the claimant to establish negligent actions on part of the defendant for making a wrongful death claim. For instance, someone driving under influence causes an accident leading to the death of a loved one. Such a case would satisfy the criteria of a wrongful death claim.
Who Can File a Wrongful Death Claim in Florida?
Under the Wesley Chapel law, not everyone is eligible to file a wrongful death claim. Here’s a list of the parties that can file such a claim:
- Parents of the deceased
- Children of the deceased – biological and legally adopted
- Surviving spouses of the deceased
- Estate of the deceased
- Other legally adopted or biological relatives might be eligible
Wrongful Death Statute of Limitations in Florida
A statute of limitations applies when it comes to wrongful death claims. The time limit is two years after the day you lost your loved one. Simply put, you need to file a lawsuit within two years of the date of the death of your loved one, or you might lose the right to recover compensation forever. There are exceptions to this statute of limitations but those apply in rare circumstances.
Therefore, it is important to discuss the legal options available to you with an experienced attorney, as early as possible, in order to safeguard your rights to recover compensation.
Types of Damages You Can Get For a Wrongful Death Claim
Losing a loved one has both emotional and financial consequences for the surviving family members. Here at Winters & Yonker P.A., we are determined to help you get fair competition for your loss. It will help ease the burden. When it comes to the type of damages that can be recovered by a beneficiary in a wrongful death claim, there are some specific criteria that need to be met.
Recovery of damages depends on the relationship of the beneficiary with the deceased.
A surviving spouse is legally eligible to recover competition for medical expenses, loss of wages, loss of earning capacity (probable net income), suffering as well as the loss of companionship, loss of protection, loss of services, and loss of support.
Children are legally eligible to recover compensation for their suffering as well as the loss of parental companionship and instruction. For minor children with no surviving parents, they can also recover compensation for lost guidance.
The personal representative or estate of the deceased can recover compensation for loss of wages calculated from the date of injury to the date of death.
Parents of a Minor Deceased
If a child suffered a wrongful death, his/her parents might be able to recover compensation for emotional pain and suffering.
How Can a Lawyer Help a Wrongful Death Claim?
When filing a claim for a wrongful death an attorney can help with:
Confidentiality is extremely important in a case involving wrongful death. We offer a complimentary consultation to give you time to meet our compassionate team of legal experts with the assurance that everything you discuss is completely confidential. This complimentary consultation also gives you an opportunity to find out what you can expect from a wrongful death claim. It also gives you an opportunity to know important facts about your case and to learn the next legal steps you need to take.
The Wesley Chapel law requires proof that another party’s intentional act or negligence led to the death of your loved one, in order to legally classify it as wrongful. Here are a few examples where negligence leads to death and it meets the criteria of wrongful death claim:
- Cases involving medical malpractice
- Accidents at work
- Driving under influence
- Distracted driver
It’s not an exhaustive list. If it can be proven that someone’s negligence led to the death, a wrongful death claim might be successfully pursued in such situations. Our team of expert lawyers will work to collect necessary proof that wrongdoing led to the death of your loved one. It is one of the most crucial steps when it comes to the legal process involving wrongful death.
Proof of Damages
While proving liability is essential, it is also important for lawyers to demonstrate that the wrongful death has led to significant life changes for the surviving family members. Our team of lawyers will work to collect the required documentation to establish the loss of support or loss of income. Some of these important documents might include mortgage loan statements, personal witness statements, reports of expert witnesses, tax filings as well as income statements.
Evaluation of Complex Cases
Every wrongful death claim is unique and this makes the whole process complicated. Some familial dynamics such as unmarried parents or adoptive families can also add to the complications. The statute of limitations also comes into play at times. Our expert team of attorneys at Winters & Yonker P.A. is familiar with the Wesley Chapel laws and can help you take the right steps when filing a lawsuit.
In many such cases, the negligent party or their insurance company will try to sell you a settlement offer. There are a number of advantages associated with settlements such as reduced court fees, quick payout, and less time in court. However, not all the settlement offers are fair. It’s entirely possible that the settlement offer you receive doesn’t cover your losses. If you feel that the offer of settlement isn’t appropriate, we will take the case to trial.
Get in Touch With Our Wesley Chapel Wrongful Death Lawyers
It’s not easy to deal with the loss of a loved one. It is especially challenging when you are dependent on the deceased for emotional and financial support. Our team of wrongful death lawyers are determined to help you recover the compensation you rightfully deserve.
Get in touch with wrongful death lawyers at Winters & Yonker P.A. at (888) 373 – 7770 for a complimentary consultation.