Losing a loved one due to someone else’s negligence can be an incredibly devastating experience. It’s essential to seek legal representation that understands your case’s unique and painful circumstances and will fight for the justice and closure you deserve. In this blog article, we’ll discuss wrongful death representation in South Florida and how it can help bring about the best possible outcome for your family.
What is Wrongful Death?
In Florida, as in every other state, there are certain types of death for which the survivors may bring a civil action for damages against the person or persons responsible. These are called “wrongful death” cases, allowing survivors to seek compensation for their losses.
Wrongful death cases arise when the death of a person is caused by the negligence or intentional wrongdoing of another person or entity. For example, suppose a drunk driver kills someone in a car accident. In that case, the victim’s survivors may bring a wrongful death action against the driver. Or if a defective product kills someone, the victim’s survivors may bring a criminal death action against the product manufacturer.
To succeed in a wrongful death case, the survivors must demonstrate that their loved one’s death resulted from the negligence or deliberate wrongdoing of another person or entity. If they can do this, they may be entitled to compensation for their losses.
- The loss of their loved one’s companionship and support;
- The loss of their loved one’s earnings and
- Their emotional distress.
How to Bring an Action for Wrongful Death You might be qualified to submit a wrongful death claim. These claims are complex, and it is essential to have an experienced wrongful death lawyer on your side.
There is a Statute of Limitations
In Florida, you have two years from your loved one’s death date to file a wrongful death claim. You won’t be able to receive any payment if you don’t meet this deadline.
You Must Prove Negligence
You must demonstrate that someone else’s negligence led to the death to succeed in a wrongful death lawsuit. It can be challenging to do. Therefore, it is crucial to have a knowledgeable lawyer who can assist in gathering proof and developing a compelling case.
You May Be Able To Recover Damages
If you win, you may be awarded damages that cover medical costs, funeral costs, lost wages, pain and suffering, and more. The actual damages available will depend on the circumstances of your case.
Who Can File a Wrongful Death Claim?
You might be able to make a wrongful death claim if your loved one died due to someone else’s negligence. The victim must have died due to the negligence, and you must be able to prove that the failure caused the death. To file a wrongful death claim, you must be the victim’s spouse, child, or parent.
If an accident claimed the life of a loved one, if the accident was the result of someone else’s negligence, you might be able to make a wrongful death claim. For example, if your loved one was killed in a car accident that a drunk driver caused, you may be able to file a wrongful death claim against the driver.
Suppose your loved one was killed in a workplace accident. If the business failed to provide a safe workplace in that situation, you might be able to bring a wrongful death claim against it.
You will need to hire an experienced wrongful death attorney to help you with your case. The attorney must investigate the death’s circumstances and gather evidence to support your claim. You may be awarded damages for your loss if you successfully prove your case.
What Can Losses Be Recovered in Cases of Wrongful Death?
In any personal injury claim, the recoverable damages will be based on the losses suffered by the victim. It is also true in wrongful death cases. The losses that could be compensated in a wrongful death claim will depend on the specific facts and circumstances of the case but can generally be divided into two broad categories: economic and non-economic damages.
Economic damages have a specific monetary value, such as medical expenses, funeral, and burial costs, lost wages and benefits, and loss of future earnings. Punitive damages, pain and suffering, emotional distress, loss of companionship or consortium, and other non-economic damages are harder to quantify.
Punitive damages are designed to punish wrongdoers for their actions and deter others from similar conduct in the future. They are usually only awarded in cases where the defendant’s conduct was particularly egregious or reckless. Punitive damages may occasionally be recoverable in a wrongful death case.
Suppose you lost a loved one due to another person’s carelessness or misconduct. In that case, a wrongful death claim could entitle you to compensation. You can fight for the justice you deserve with the aid of an accomplished personal injury lawyer who can assist you in understanding your legal rights and options.
How to Calculate the Value of a Wrongful Death Case?
No one can put a dollar amount on the loss of a loved one. However, suppose your loved one died due to another party’s carelessness. In that case, you might be entitled to compensation for your losses.
Wrongful death cases are civil cases, not criminal cases. That means the goal is to recover monetary damages, not to punish the person who caused the death. The economic damages are intended to compensate the family members for their losses.
Many factors go into calculating the value of a wrongful death case. Some of those factors include:
-The age of the deceased person
-The health of the deceased person before their death
-The income of the deceased person
-The relationship of the survivors to the deceased person
-The pain and suffering experienced by the survivors
-The loss of enjoyment of life experienced by the survivors
-The mental anguish experienced by the survivors
Legal Representation for Wrongful Death Cases in South Florida
A wrongful death claim might be possible if you lose a loved one due to someone else’s carelessness. These claims can be complicated, so you must have an accomplished lawyer.
Conclusion
Processing a loved one’s wrongful death can be incredibly challenging. You must seek experienced and qualified attorneys to help you get the justice your family deserves. The legal team at Dolan Dobrinsky Rosenblum Bluestein, LLP, is here to assist you in your wrongful death case, no matter where it takes place in South Florida.
Whether filing for compensation or simply obtaining answers about what happened, they have the resources and experience to ensure that justice is served for your family member’s demise.
