The death of a loved one is always difficult, especially when the accident was caused by the negligence of another person in Palmetto. It is completely understandable that the family members of the victim will have many questions and concerns in regard to the death of their loved one and the impact that it will have on their future.
If someone you love was killed as a result of someone else’s negligence or recklessness, then the surviving spouse and relatives could be entitled to file a civil lawsuit known as a wrongful death claim. The compensation that you will win in a wrongful death claim will help to cover funeral expenses, medical bills, and more following the passing of your loved one.
At The Law Place, we have over seventy-five years of collective experience when it comes to helping people to recover compensation in a wrongful death case in Palmetto and all over the State of Florida. Our law firm understands the challenging circumstances that you are in, and we want to help you win the full amount of compensation that you deserve for your loss. Pick up your phone to speak to a personal injury lawyer today. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a personal injury lawyer will secure the compensation that you are owed for a wrongful death case in Palmetto.
The Definition of Wrongful Death in Palmetto, FL.
The definition of wrongful death is when the negligent actions of a person or company are the legal cause of an injury that results in the death of a person that could have otherwise been avoidable.
It is also worth noting that wrongful death is not the same as murder. The definition of murder is when a person has an intention to kill, and the case has to go to criminal court. A wrongful death case is based on negligence like a car accident or a complicated situation like medical error and malpractice.
More information on wrongful death laws can be found in Florida Statute 768.21.
For a free legal consultation with a wrongful death lawyer serving Palmetto, call 941-444-4444
Types of Wrongful Death Cases in Palmetto, FL.
A death is considered wrongful death when a person was killed by an act of negligence, default, wrongful act, or breach of contract that would have entitled the person to recover compensation in the event that they did not die.
The most common causes of wrongful death include:
- Premise liability accidents – Premise liability refers to an accident that happens on another person’s property when they failed to maintain the safety of their property and warn other people of the hazardous condition. The most common type of premise liability accidents includes slip and falls, which are the second leading cause of death for people over the age of 65.
- Car accidents – A car accident is one of the most leading causes of deaths that are often caused by the negligence of another driver. Almost 3,000 deaths happened in car accidents in only a single year in the State of Florida. A driver could be held guilty of negligence in the event that they violate a traffic law or regulation such as speeding, failing to yield, or ignoring traffic signals.
- Pedestrian accidents – Over 6,000 pedestrians were killed in accidents in the year 2018. A car accident is not the only type of accident that results in fatalities on the road. A pedestrian accident is usually caused by the negligence of drivers.
- Workplace accidents – An employer has a responsibility to maintain safe working conditions for every employee. There were close to 300 work-related deaths in a single year in the State of Florida, according to the Bureau of Labor Statistics. The most common causes of workplace accidents happen to be slip and fall accidents and transportation incidents.
- Medical malpractice – A medical malpractice accident is the result of a medical provider that makes a negligent error that directly causes the death of a patient. Medical malpractice is the third leading cause of death, and almost 250,000 American citizens die from medical errors every single year.
- Product liability – A product that has not been properly manufactured or tested before it is released to the public can result in personal injury or even wrongful death. Product failure in food, medication, or cars has caused the death of many innocent people.
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People Who Are Eligible to File a Wrongful Death Claim in Palmetto, FL.
The representative of an estate, such as a person named in a will, a person determined by the court, or an heir to the deceased, could be eligible to file a wrongful death lawsuit to recover compensation following the death of a loved one in the State of Florida.
The usual people who are personal representatives of a deceased person’s estate include a surviving parent, a surviving sibling, a surviving spouse, or a surviving child. It could even come down to a relative who is closest in a geographical context or some other court-appointed responsible party.
Every surviving person who is closely related to the deceased might be able to seek compensation for the value of lost services and support – past, present, and future – from the date of their loved one’s death. In addition, the surviving wife or husband of the deceased could be able to claim compensation for the loss of their loved one’s companionship as well as pain and suffering since the date of the accident. Minor children might also be eligible to seek compensation for the loss of parental guidance and companionship, along with pain and suffering. Parents of a deceased child might be able to recover compensation for pain and suffering from the date of the accident in which their child was injured and subsequently died.
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The Definition of Negligence in Palmetto, FL.
Negligence is considered the failure of a person to behave with a certain level of care and safety. It is crucial for a personal injury attorney to prove negligence in a wrongful death claim. The main types of negligence include:
- A driver under the influence of alcohol or drugs.
- A medical provider who prescribed the incorrect medication.
- An employer who failed to provide appropriate safety equipment for their employees.
- A product manufacturer who failed to conduct safety testing before releasing their product.
- A business owner who failed to fix a hazard or notify their visitors of danger.
A wrongful death lawyer will have to conduct an extensive investigation and collect a wide array of evidence in order to establish negligence. In addition, they will evaluate the strength of a case and secure the right amount of evidence to support your claim in Palmetto.
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Proving Negligence in a Wrongful Death Case in Palmetto, FL.
If you decide that you want to file a wrongful death lawsuit on behalf of a deceased’s estate, then a wrongful death lawyer will assist you in proving negligence and handle all of the legal elements of the claim, including:
- Duty of care – The first step in proving negligence is to show that the at-fault party owed a duty of care to the deceased individual under Florida law. For example, a driver owes a duty of care to every other road user by operating their motor vehicle in a safe manner.
- Breach of duty of care – The at-fault party breached their duty of care that they owed to the deceased individual.
- Causation – The estate must prove that the negligent actions of the at-fault party caused the death of their loved one. In other words, the surviving spouse or surviving family member must be able to prove that their loved one’s death was foreseeable, and it otherwise would not have happened if it wasn’t for the negligence of the at-fault party.
- Damages – A wrongful death lawyer will have to calculate the losses of the deceased and the impact that their death has had on their surviving spouse or surviving family member in terms of damages. A list of available damages of the deceased estate that can be recovered in a wrongful death case includes economic damages and non-economic damages such as medical bills, funeral expenses, lost wages, loss of companionship, and more.
Compensation for a Wrongful Death Claim in Palmetto, FL.
The survivors of a deceased individual will face colossal financial burdens and bills in the aftermath of a loved one’s death. This means that they will need sufficient compensation to cover all of the relevant costs related to their death.
A list of the most common types of compensation in a wrongful death lawsuit include:
- Loss of support – A surviving spouse or family member can recover compensation for lost support and services that they otherwise would have received from the deceased individual from the time that they were injured until their death.
- Loss of companionship – A surviving spouse or family member can recover compensation for the loss of companionship and protection. Minor children might also be able to recover from the loss of paternal companionship, guidance, and instruction. In the event that there is no surviving spouse, adult children might also be able to recover compensation.
- Loss of income – A surviving spouse or family member can recover compensation for lost earnings of the deceased individual that happened between the date of the accident to the date of their death. It is possible that lost future earnings might also be recoverable in the event that a spouse or other descendants survive the decedent.
- Pain and suffering – A surviving spouse or family member can recover compensation for mental anguish and emotional trauma following the loss of their loved one.
- Medical and funeral expenses – A surviving spouse or family member can recover compensation for medical bills or funeral expenses that they have had to pay.
Statute of Limitations for Wrongful Death Cases in Palmetto, FL.
The statute of limitations dictates the length of time that a surviving spouse or surviving family member has to file a wrongful death claim in the State of Florida.
A surviving spouse or surviving relative typically has up to four years to file a wrongful death lawsuit. Furthermore, the length of time to file a wrongful death claim for medical malpractice is up to two years. It is possible that more time might be allowed to file a medical negligence wrongful death claim that includes fraud or intentional concealment by a health care provider that creates a delay when it comes to discovering the cause of death.
If you miss the time period to file a wrongful death claim, then the court will most likely dismiss your case.
Contact The Law Place Today in Palmetto, FL.
If you are suffering the loss of a loved one in a wrongful death accident, then you could be entitled to recover compensation in Palmetto. It is not easy to get back on your feet following the death of a loved one, and you should seek legal counsel with a personal injury attorney.
At The Law Place, we have over seventy-five years of combined experience when it comes to managing wrongful death claims in Palmetto and throughout the State of Florida. Our law firm covers a number of practice areas, including drunk driving accidents, drug crimes, white-collar crimes, wrongful death cases, and much more. We have a team of skilled personal injury lawyers that will explain the process of filing a wrongful death claim and guide you through the legal system in the State of Florida.
A Palmetto wrongful death lawyer will start your claim by investigating the circumstances surrounding your loved one’s death, collect facts and information, deal with paperwork, calculate the amount of compensation that you could be owed and file your wrongful death claim. Our law firm understands that you should not have to deal with the aftermath of a loved one’s death on your own, and we will be with you every step of the way.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a personal injury lawyer will secure the compensation that you are owed for a wrongful death case in Palmetto.
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