Wrongful Death Attorneys Lawyers Florida
Wrongful Death Attorneys
Why Hire A Wrongful Death Lawyer?
While taking legal action might not be a top priority for those who have lost a loved one, but it is important for survivors of the decedent to think about retaining a wrongful death lawyer as soon as they possibly can. In addition to the significant emotional trauma of losing a loved one, families may also face considerable financial problems without the support of the deceased.
The compensation received by a wrongful death lawsuit can help take stress off of this financial burden. Our wrongful death attorneys have a very long past of recovering compensation for those who have been left to struggle in financial situations after losing a loved one.
What Can Wrongful Death Lawyers Do?
Wrongful death claims are civil actions formed by the survivors of an individual who has passed away because of the negligence or misconduct of another. In these cases, the law lets the family members of the decedent (called “distributees”) file a wrongful death suit looking for monetary damages. The wrongful death action is created to provide compensation for family members who relied upon the deceased for emotional and financial support.
Wrongful Death Case Key Elements
Wrongful death happens when negligence, recklessness, or deliberate behavior results in a fatality. Negligence refers to the failure of an individual to act how a reasonably cautious person would have acted under similar circumstances. To base that a wrongful death occurred, an attorney must then prove that the individual had a duty of care to the departed, their act failed that standard of attention, their wrongful actions were the direct cause of the injury or death of the decedent, and damages caused.
The most common of rightful death causes include:
- Birth Injuries
- Car accidents
- Medical malpractice
- Wrongful Death Damages
- Truck accidents
- Workplace accidents
The court will then contemplate various factors when determining the total amount damages that are to be awarded to the survivors of the one who passed. These factors include the amount of the deceased’s net income available to the survivor, the life expectancy of all parties, the relationship between the survivor and the deceased, the replacement value of the deceased’s services. The relationship the individual has to the decedent may entitle them to certain benefits, as described below.
Spouse: A spouse who survives may recover compensation for the loss of the decedent’s protection and companionship, and for suffering and mental pain resulting from the date of the injury.
Children: Minor children may seek compensation for lost parental guidance, instruction, and companionship and mental pain and suffering resulting from the day of the injury,
Parent: Each parent of a deceased minor child may recover compensation extreme pain and suffering from the day the injury happened. Every parent of an adult child may retrieve compensation for mental pain and suffering if there are no other survivors from the accident.
All: Each and every survivor may recover the value of lost services and support from the day of the decedent’s injury to his or her death, with future loss of support and interest, and services from the day of the death, reduced to present value. Medical or funeral expenses due to the decedent’s injury or death may be retrieved by the survivor who has paid them, also.
Furthermore to the aforementioned compensatory damages, a court may also decide to impose disciplinary costs. Punitive damages are suitable in situations where a party’s reckless, intentional or grossly irresponsible actions result in a wrongful death. These damages suffice to punish the offending party, as well as discourage others from behaving in the same way sometime in the future.
Our attorneys understand the hardships a family deals with after a wrongful death and are devoted to seeking equitable compensation for these individuals. Our attorneys always here to aid you in your wrongful death situation, and we will make sure you receive the most out of your claim.
How Can Our Wrongful Death Lawyer Help You?
When a loved one passes away, it can be a hard moment to deal with regardless of the situation leading up to the death. However, if you feel that someone else is to blame or is responsible for this death, it can make the grieving process much more difficult.
If your loved one passed away due to negligence or wrongdoing, you may not see an end to your grieving process. To make sense of this situation, you may find it helpful to find an attorney that is experienced in wrongful death.
When you find an attorney that is willing to help you sort of your feelings and help you get to the bottom of what went wrong, you will be able to finally find closure and be able to take a step forward towards the future. You may even be entitled to monetary compensation due to damages that you are experiencing from this situation.
How Can Wrongful Deaths Occur?
As mentioned above, wrongful deaths happen when someone’s life was taken due to the negligence or misconduct of another. If the loved one that you lost was a person that you depended on financially or were their beneficiary, you might be owed monetary compensation for damages. The only way to know what you are entitled to be to contact a lawyer experienced in wrongful death.
There are statutes in place to encourage doctors, hospitals, and similar organizations to act by the recognized standard of care. Even with the statutes in place, wrongful deaths still occur in certain situations such as:
- Malpractice in emergency rooms. This means that if doctors, nurses or hospital staff act negligently in the emergency room, they can be held responsible for a patient’s death
- Malpractice with anesthesia-if an anesthesiologist administers a lethal dose of anesthesia; they can be held liable
- Vehicle Accidents including a defective vehicle- In this case, the automobile company can be held responsible.
- Vehicle accidents including a truck driver- In this case, if a trucker does not follow trucking regulations, the trucking company can be held accountable.
- By knowing how a wrongful death can occur, it can help you make better sense of your current situation, and it can help you not feel so alone.
How Can You Be Compensated For Wrongful Death Of A Loved One?
While money can never completely heal the pain of a loss, it can help you be prepared financially for the future. When it comes to determining how you can be compensated in your particular case, the court will look at multiple factors such as:
- How much money the deceased individual earned
- The survivors (you) loss of companionship
- The savings that the deceased had
- How dependent the survivors (you and your family) were on the deceased
- The medical and funeral expenses that were incurred due to the wrongful death
The money will never make up for the loss of a loved one knowing that your family and you can be secure financially along with receiving justice will allow you to have a sense of closure.
Finding a lawyer that will stand by your side and give you and your case the attention that it deserves for your wrongful death claim will make all the difference.
Finding a lawyer that is compassionate and will get to know you and take a personal approach to your case. If you are entitled to damages; let our wrongful death attorneys be the ones to help you receive it.