A wrongful death is when someone is killed due to the negligence, or the willful misconduct of another person or entity. While there may be a criminal proceeding in relation to the incident, the wrongful death lawsuit itself is considered to be a civil action separate from criminal charges. Just because someone is found guilty in a criminal lawsuit won’t necessarily give you the compensation that you deserve. Typically a wrongful death is considered in the case of a car wreck, truck wreck, defective product or service, malpractice in the medical field, aviation accident, pedestrian accident, work-related incident, or any other incident wherein the fault could lie with someone else who was involved with the situation.
Most people hope that they never have to file a lawsuit, rather, they’re simply seeking compensation to continue living in the fashion in which they’ve become accustomed. They’re attempting to keep the bills paid and remain in their homes and provide for their children just as they had been doing prior to the death of their loved one.
It’s important that you not sign anything without first checking with a Winter Haven wrongful death lawyer, if you do sign something you may be signing away all rights to a wrongful death lawsuit. Give us a call at Winters And Yonker (888) 373-7770 and let us help you to navigate the potential for a wrongful death lawsuit. The other party’s insurance company will do anything to get you to sign away your rights. Don’t let this happen. Let our personal injury attorneys help you determine if you could be compensated for your loss.
Table of Contents
How is Wrongful Death Defined in the State of Florida?
Per the statutes in the state of Florida, wrongful death is the willful act of another to kill or severely injure someone and they later die due to the injuries. The conduct may include negligence, willful actions that may cause death, or some other specifics. For example, if someone ran someone over with a car and the person dies a week later but not due to the car incident it may not qualify as wrongful death unless the incident with the car led to the fact that the person died.
Who is Qualified to File A Wrongful Death Claim in Florida?
In Winter Haven, Florida, the personal representative as appointed by a will or the courts may file a wrongful death lawsuit. Wrongful death lawsuits may also be filed by family members, life partners, and financial dependents of the decedent.
What Types of Damages are Recoverable?
Of course, you can’t put a dollar amount on the loss of a loved one, however, when you’re facing final expenses, lost wages, and medical bills you will want to come out on top. You can typically recover lost wages, medical bills, final expenses, and other monetary amounts associated with the decedent. If there are young children at home there may be more compensation to help raise those children to adulthood. It’s all dependent upon the situation at hand and the particular circumstances.
How is Negligence Proved in a Wrongful Death Case?
In order to show negligence, the plaintiff must show the court of law that the defendant owed the decedent a duty of care per the given situation. The plaintiff must then demonstrate how the defendant breached or violated said duty of care. It may be via a specific action or inaction that the person lost their life. They will then seek damages that were caused by the breach of conduct that resulted directly in the death of the decedent. Finally, the plaintiff must prove, beyond a shadow of a doubt, that the death was a direct result of the defendant’s actions and not due to another cause.
How Do You Start a Wrongful Death Claim in Florida?
In the state of Florida, you’ll have two years from the death of the decedent in which to file your claim. Contact us here at Winters And Yonker (888) 373-7770 to get your death claim started as soon as possible after the death of a loved one. It’s important to not sign anything without first contacting your attorney. The other party’s insurance company is going to press you to sign away your rights as quickly as possible. If you want to start a wrongful death lawsuit, the sooner you call us the better.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
In a wrongful death claim, the decedent’s family members may file a claim against the defendant for the wrongful death. An estate claim, on the other hand, is a filing wherein the estate will pay for monies that the decedent owed. At Winters And Yonker, we can help you to determine which type of claim you should file for your personal situation. Give us a call at (888) 373-7770 and let us help you to determine which claim you should file for your specific circumstances.
Most people hope that they never have to file such a lawsuit, but, when something happens and someone dies, you still have to support a family. A wrongful death lawsuit may provide you with the financial relief that you need to bury your loved one and continue to provide for your family during this difficult time.
Contact Our Winter Haven Wrongful Death Lawyers
We at Winters And Yonker understand that this is a difficult time for you and we know that you’re confused on which way to turn. Give us a call at (888) 373-7770 and let us help you through this difficult time. We can go over the specifics of your case and help to determine if a wrongful death lawsuit is for you.
Please, don’t sign anything without first giving us a call. You may be signing away all of your rights to a wrongful death lawsuit. The other party’s insurance company may attempt to get you to sign anything to keep you from filing this lawsuit. Don’t let that happen, call us at (888) 373-7770 first and let us help you to navigate these waters during this difficult time. You won’t’ have to pay us anything unless you win in a court of law.