Dealing with the sudden loss of a family member is a source of great trauma, even before any additional practicalities are considered.
Here at The Law Place, we understand that the pain of grief is only one aspect of dealing with a case of wrongful death. There will no doubt be a huge feeling of paralysis that comes the with instability and uncertainty of changing circumstances. You may have lost a main contributor to your household income, leaving you unsure of your financial future. There are also various costs involved with your loss, from funeral and burial costs to the expense of any medical bills which may have been incurred along the way. You deserve the peace of mind to be safe in the knowledge that your grieving process will be as uncomplicated by outside factors as possible.
The Law Place can help you achieve the compensation your family deserve in order to lighten your load along this difficult journey. Our lawyers have over 75 years of combined experience to provide you with the sensitivity and knowledge to support you as you move forward. Unlike most other law firms, we operate as a collective team. This means you are able to rely on the combined knowledge and empathy of a whole varied team.
If you are considering claiming for the wrongful death of a beloved member of your family, do not hesitate to contact us. The Law Place provides free consultation and honest evaluations of your case at no obligation. While it may be the last thing you want to do right now, our law firm will be able to help you shoulder the weight of your situation. Please get in touch with a member of our team. Our phone lines are open 24 hours a day, seven days a week. Start the journey towards proper closure today. Call us right now on (941)444-4444.
Who Can Sue for a Wrongful Death?
A wrongful death lawsuit cannot be filed by just anyone. The state allows only the deceased’s personal representative to file a lawsuit following a wrongful death action.
Only the victim’s spouse, children, and parents are automatically eligible for the role of personal representative. This means that not all family members can file a wrongful death lawsuit. However, if the deceased had a sibling or other blood relative designated as their dependent, they would also be able to fill this role.
The personal representative will typically be the person named in the will of the deceased. If the deceased had not yet created a will or the will failed to name a specific person, the court may usually designate the spouse as the victim’s personal representative. In cases where the deceased was unmarried, the decision may be given to the family members.
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How Much Compensation Can I Expect From My Wrongful Death Claim?
Here at The Law Place, we understand that there is no way to put a price tag on the wrongful death of your loved one. However, your personal injury lawyer will help you to maximize the compensation, as we know how helpful this can be for a family in mourning. If your life has been disrupted by lost wages, medical expenses or changed circumstances, the last thing you need is financial peril to further complicate your mourning process.
The amount you receive for your wrongful death claim is based on numerous factors, these include:
- Your relationship with your lost loved one.
- The value of your loved one’s income to the household.
- The emotional distress on yourself, as well as any family members, such as children you may have.
On average, a wrongful death lawsuit achieves a compensation payout of around $500,000. However, this number may vary greatly from claim to claim.
In order to find out how much you may be entitled to if you file a wrongful death claim, get in touch with our team today.
Who Pays for a Wrongful Death Lawsuit?
Taking action to file a wrongful death lawsuit may feel as highly pressurized as accusing someone of murder. While this may be your personal feeling, the wrongful death lawsuit will not be quite so dramatic. This is good news, as it means that your personal injury lawyer will not need to prove that the defendant intended to cause harm to your loved one.
A wrongful death claim is not a criminal charge, but a civil lawsuit. The fault is expressed entirely in monetary terms, with the court ordering the defendant to compensate the surviving family members of the deceased should the case be successful.
What Constitutes a Wrongful Death?
Wrongful death may seem like a broad, nebulous term. However, the definition is quite straightforward. The Legal Information Institute defines a wrongful death as:
“A death caused by the wrongful act of another, either accidentally or intentionally.”
A non-exhaustive list of common examples could include:
- Medical malpractice.
- Car accidents.
- Death from a negligence injury.
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How Difficult Is It to Prove a Wrongful Death?
When you make the decision to file a wrongful death claim, there are three main elements which your personal injury lawyer will need to prove in order for the claim to be straightforward.
The first element is what’s known as the duty of care. The plaintiff must prove that the defendant had a duty of care to the victim. While this may sound like a large stumbling block, the duty of care is quite a flexible term. For example, a driver causing a death due to negligence would be violating their duty of care by failing to follow the rules of the road.
The second element is proving that the wrongful death action or injury leading to the victim’s death represented a breach of that duty of care. To extend the above example, the plaintiff must prove the way in which the defendant was driving dangerously.
The final element considered in a wrongful death claim is causation. Continuing with the above example, the plaintiff must prove that it was the dangerous driving which led to the injury causing the victim’s death, and not a complicating factor such as a problem with the victim’s vehicle.
When you file a wrongful death claim, you want to be sure that you are getting the right representation to navigate the complexities of the process. The Law Place has over 75 years of combined experience in these areas, so you can be safe in the knowledge that our experience will guide you through the difficult process of reclaiming your deserved compensation.
Contact The Law Place Today
If you were thinking of taking the action to file a wrongful death claim, The Law Place can help. We will review the facts, collect statements and evidence, and build you a strong case to achieve the justice your beloved deserves.
Navigating the complicated laws of Florida and dealing with the cold reality of the courtroom can be a traumatic affair in itself. When you’re grieving, things like this may feel insurmountable. With The Law Place, you don’t have to face them alone. We are here to support your family.
Our lawyers have a proud track record of going above and beyond to achieve the best results possible for our clients. We will devote ourselves to the pursuit of justice on your behalf, while remaining calm, compassionate and understanding with your grieving family. When choosing a law firm, it is of paramount importance that you be safe in the knowledge of your respectful and ethical treatment. At The Law Place, we promise to give you the honest and unbiased advice you deserve concerning which legal options are right for your situation.
We are available for free consultations at any time, to work around your schedule. Call us 24 hours a day, seven days a week on (941)444-4444.