How Should I Approach the Insurance Company? Who Can File a Wrongful Death Claim in Florida? Speaking with expert witnesses and specialists. In Florida, a Wrongful Death lawsuit can be based on simple negligence like a car accident or pedestrian accident, or something more complicated, like nursing home abuse or medical error and Type of Case is a Wrongful Death? Our Team of Wrongful Death Attorneys Can Help.
In any situation where a negligent action costs a victim their life, the surviving family members may be able to pursue a wrongful death case. Intentionally harmful actions, such as assault and battery. According to OSHA, workplace fatalities may happen because of the following: - Transportation accidents.
However, the longer you wait to seek financial compensation, the harder it may get. The easiest way to describe a Wrongful Death lawsuit is that it is just like any other civil lawsuit with one unique fact, the actions of the defendant caused a death, not just personal injury or common damages. The proof must be solid and unmistakable. Our Attorney will File Your Wrongful Death Claim in a Timely Manner. In Florida, you have less time to file a wrongful death lawsuit than a personal injury lawsuit. How Long Do I Have to File a Wrongful Death Claim in Florida? Construction accidents.
It is important to have a legal representative by your side as early in your case as possible. You must prepare to receive a large amount of money and decide how you will manage it. If you wait too long, and the statute of limitations expires, the court will most likely dismiss your case. The court could appoint one if the deceased did not name an executor. How Does Morgan & Morgan Handle Payment of Attorneys' Fees? Those walking on foot or cycling lack the protection of an automobile in case of an accident with a careless motorist. Types of Compensation. The criminal trial jury determined that the prosecution did not prove it beyond a reasonable doubt. Fires and explosions. In other words, their death wasn't instantaneous. If victims survive horrific accidents, pedestrians and cyclists may have to deal with the long-term consequences of their wounds. The grieving process after a wrongful death is typically long and agonizing. Recoverable Damages in a Wrongful Death Case. The term for legal repayments for the losses that victims experience is "damages. "
Family members of the decedent might be able to recover wrongful death damages related to medical and funeral expenses; household services and support; companionship and protection; mental pain and suffering; lost earnings; and lost value of the estate. Parents of minor children. In a wrongful death lawsuit, beneficiaries may include—but are not limited to—the following parties: - The decedent's surviving spouse. Wrongful death actions can arise as a result of: - Car accidents. If your loved one passed away due to any of the accidents mentioned above, you might be eligible to file a wrongful death claim and financial compensation. Your family member may have lost their lives in an accident on the property of a store or business. Sometimes, negligence is clear, as in the case of a vehicle accident caused by a drunk driver. In many cases, wrongful death lawsuits occur alongside criminal homicide or murder charges. Gather the evidence that can prove someone else's fault and entitle you to financial compensation. We can do most of the talking and fight for fair compensation for your losses. Premises liability can include a slip and fall accident, negligent security, an unsafe swimming pool, and more.
Wrongful Death Lawsuits Cover the Family's Damages. We'll handle every aspect of your legal case so that you have time to grieve. There is also a time limit to file a wrongful death lawsuit. Surviving minor children. This is especially true when the death was the result of another person's negligence. Therefore, we return calls to our clients within 24 hours. The Estate makes the decisions on where to allocate any proceeds collected or held by the Estate. In a wrongful death lawsuit, the family is the plaintiff. Types of Gainesville Wrongful Death Accidents.
The executor can seek damages on behalf of the deceased's estate and their surviving spouse, biological or adopted children, and parents. Mental pain and suffering experienced by the surviving beneficiary. Defective consumer goods. What Are General Damages? It is also common that the Probate Court will be involved in this matter as Do I Do Next? Family members who depended on the deceased person for support or services (in whole or part). You may be eligible for many other damages depending on the accident your loved one suffered. When the insurance claims adjuster asks you questions, it's important to refrain from saying anything that may invalidate your right to a fair settlement. When you contact the skilled legal team at Morgan & Morgan, we will manage all of the logistical requirements of your wrongful death claim.
Loss of Parental Guidance. If we accept your case, you will pay no fees or costs until you receive a financial recovery for your case. Wrongful death lawsuits also help hold negligent parties accountable for their actions, preventing similar acts in the future. You can't prepare for the unexpected. How does wrongful death differ from a violent crime? These are known as "special" and "general" damages. According to Florida law, surviving family members can file a wrongful death suit against a liable party or parties if their deceased loved one would have been entitled to recover damages in a personal injury suit had they lived. That includes the spouse, children, and parents. Consult with crash reconstruction specialists, medical professionals, and other experts about your case. A wrongful death lawsuit is substantially the same as a personal injury lawsuit, except that it's filed by the survivor of a person who died as a result of a person's or entity's negligence. The consultation is free. " You will receive a team of attorneys, who are committed to your success. Damages Available in Gainesville Wrongful Death Matters.
So, for the same reasons that beneficiaries, survivors, children, wives, girlfriends, etc. W suggest beginning with legal action from the start. When someone dies because of the carelessness or recklessness of another, their family will face many challenges. Are you struggling with the untimely and unexpected loss of a loved one after an accident in Gainesville, FL? The Law Offices of Whittel & Melton are poised and ready to defend your family during the most trying of times. The court system is designed to make a plaintiff whole, or to restore you to the financial situation you'd be in if the accident hadn't happened. In addition, the personal representative may also sue to recover the damages that the deceased suffered between their injury and death, including: - Their lost income. Although placing a price on death is difficult, the following damages can potentially be recovered: - Loss of wages. Defendants and their insurance companies often do not get serious about settling a lawsuit until the date of the trial gets closer or the exact extent of their liability comes into view.
Loss of companionship or guidance. Sometimes, it's an accident and does not lead to criminal charges. If this happens, you will not be able to pursue compensation for your damages. Building a case to prove negligence caused the death. Filing litigation if negotiations are unsuccessful. Your family should not have to oversee the complexities of a legal claim in addition to other personal and financial challenges.