After a tragedy, a Florida wrongful death attorney can help you recover compensation to offset the financial fallout of losing a loved one.
Summary
- Wrongful death occurs when someone’s carelessness causes another person’s death. Spouses, children, parents, and dependents may be eligible to file a claim.
- Common causes include car accidents, medical malpractice, and defective products.
- Recoverable damages include medical expenses, lost wages, and emotional distress.
- A Florida wrongful death lawyer can help navigate the legal process and fight for fair compensation.
In the wake of a loved one’s unexpected passing, navigating legal matters can feel overwhelming. If their death resulted from someone else’s negligence, you may be entitled to file a wrongful death claim. A wrongful death claim allows surviving family members to seek compensation for the loss of their loved one.
At Werner, Hoffman, Greig & Garcia, we want to help family members of wrongful death victims seek justice. Our team of wrongful death lawyers is ready to build a strong case and win the compensation you deserve. To get started, you can contact us online or call us at (800) 320-4357.
Understanding Wrongful Death in Florida
In legal terms, a wrongful death occurs when someone’s carelessness, recklessness, or intentional act causes the death of another person. In other words, a wrongful death is when a person’s death wouldn’t have happened if not for the actions or inaction of another individual or entity.
According to Florida’s Wrongful Death Act, certain family members are able to pursue compensation for the losses they’ve suffered after the death of their loved one. Spouses, children, parents of a deceased minor child, and dependents of the deceased may be eligible to file a wrongful death claim. Claims take priority in that order. An experienced Florida wrongful death lawyer can help you determine if you qualify.
Common Causes of Wrongful Death
Many situations can lead to a wrongful death claim, including:
- Car accidents: Drunk driving, distracted driving, and reckless driving are all common causes of wrongful death accidents.
- Medical malpractice: When a medical professional’s negligence leads to a patient’s death, it may be considered wrongful death.
- Workplace accidents: Unsafe work environments or employer negligence can result in workplace fatalities.
- Defective products: Faulty products that don’t meet safety standards can cause serious injuries or deaths.
- Other negligent actions: Wrongful death claims can also arise from other situations where negligence leads to a fatality, such as slip-and-fall accidents or drownings.
Damages Recoverable in a Wrongful Death Claim
When a loved one is lost due to wrongful death, surviving family members can seek compensation for two main categories of personal injury damages: economic and non-economic.
Economic damages are the financial losses directly tied to your loved one’s death. They aim to replace the financial support and resources they would have provided if not for the wrongful death. Economic damages can include:
- Medical expenses: This covers costs associated with the accident, final illness, and any treatment your loved one received before passing.
- Lost wages: This compensates for the income your loved one was earning and would have continued to earn if not for their death. Future earning potential can also be factored in.
- Loss of future earning capacity: If your loved one was young or had a promising career path, an attorney can estimate their future earnings and include that in the damages.
- Funeral and burial costs: Reimbursement for funeral and burial expenses related to your loved one’s passing.
Florida Wrongful Death Claims Offer Compensation for Emotional Losses
Non-economic damages are the intangible losses resulting from the emotional impact of losing a loved one. They are more subjective than economic losses, but are still very significant damages that deserve recognition and compensation. Non-economic damages can include:
- Pain and suffering of the deceased: In specific situations, compensation may be available for the conscious pain and suffering your loved one endured before passing.
- Loss of companionship: This covers the emotional loss of companionship, love, and support you would have received from your loved one.
- Loss of guidance: Spouses and children may be entitled to compensation for the loss of guidance and mentorship they would have received from the deceased.
- Mental anguish: The emotional and psychological distress caused by your loved one’s death.
The extent of the damages awarded can vary depending on the specific facts of your case. An experienced wrongful death attorney can help you determine the full extent of damages you may be entitled to claim.
The Florida Wrongful Death Claims Process
The wrongful death claim process can feel overwhelming, but with an experienced personal injury attorney by your side, it can be made smoother. Here’s a breakdown of the typical steps involved:
- Consultation with a Wrongful Death Attorney: Discussing your case with an attorney will help you understand your options and determine the best course of action.
- Investigation of the Accident: Your Florida wrongful death lawyer will investigate the cause of death and gather evidence to support your claim.
- Identifying Liable Parties: This involves determining who is responsible for your loved one’s death.
- Negotiating a Settlement: In many cases, a settlement can be reached with the at-fault party’s insurance company.
- Filing a Lawsuit (if necessary): If a settlement isn’t reached, your personal injury attorney will file a personal injury lawsuit to pursue compensation in court.
This is a general outline, and the specific steps may vary depending on your unique situation. It’s always best to consult with a Florida wrongful death attorney for personalized advice regarding your case.
Why You Need a Florida Wrongful Death Lawyer After Losing a Loved One
After a devastating loss, the last thing you want to deal with is a complex legal matter that can feel like an extra burden on top of your grief. With the help of a wrongful death lawyer, you can focus on grieving and honoring your deceased loved one, knowing that they are still pursuing justice on your behalf.
A knowledgeable Florida wrongful death lawyer can:
- Help you understand complex legal issues: Wrongful death laws can be intricate. A Florida personal injury attorney can explain the legal aspects of your case and ensure you understand your rights.
- Gather evidence and build a case: Building a solid case requires experience and knowledge. Your attorney will collect evidence to prove negligence and maximize your potential compensation.
- Negotiate for fair compensation: Wrongful death settlements can be substantial. Your attorney will negotiate with the insurance company to ensure you receive fair compensation for your loss.
- Provide support: This is a challenging time, and your attorney can offer support and guidance throughout the legal process.
Find the Legal Support You Need With the Florida Wrongful Death Lawyers of WHG
If you’ve lost a loved one due to someone else’s negligence, you deserve to be compensated for your loss. It’s not just about receiving the financial compensation you need to survive. You also deserve the recognition that your loved one was wrongfully taken from you.
Contact the Florida wrongful death lawyers at Werner, Hoffman, Greig & Garcia. We can help you understand your legal options and navigate the path towards justice. You can contact us online or call us at (800) 320-4357 to schedule a free consultation.
Frequently Asked Questions
What if I’m not sure if I have a wrongful death claim?
Generally, wrongful death claims involve situations where someone’s carelessness, recklessness, or intentional act caused your loved one’s death. Examples include car accidents due to drunk driving, medical malpractice that leads to death, or unsafe work environments that result in fatal accidents.
If you’re unsure whether your loved one’s death qualifies for a wrongful death claim, get in touch with an experienced Florida wrongful death attorney right away. They can review the details of your situation and advise you on your legal options.
How long do I have to file a wrongful death claim in Florida?
In Florida, the statute of limitations for wrongful death claims is two years from the date of your loved one’s passing. This means you have two years to file a wrongful death lawsuit. It’s a good idea to contact a Florida wrongful death lawyer as soon as possible after your loss. This allows them ample time to investigate the case, gather evidence, and build a strong foundation for your claim.
What is the burden of proof in a Florida wrongful death claim?
Just like in any other type of personal injury claim, the plaintiff has the burden of proof. This is the responsibility of proving the other party failed to fulfill the duty of care they owed and that their negligence caused the plaintiff’s injuries and ensuing damages. The plaintiff must convince the deciding party that their argument is more likely than not to be true based on a preponderance of the evidence.
