Accident victims can pursue a personal injury claim and obtain a fair and just compensation for the losses they have suffered as a natural consequence of an accident. Now, what if the accident has taken a life or lives? In such tragic circumstances, a wrongful death claim allows the rest of the family members to recover compensation from the responsible ones. If someone dies due to the misconduct or negligence of another individual, the survivors can file wrongful death claims on behalf of their near ones. These lawsuits seek compensation for the loss of survivors, lost wages of the deceased individual, lost relations, and funeral expenses.
A wrongful death claim comes in front when a person dies due to the legal negligence of another person. The person might be the driver of another car or a bartender who served alcohol to a driver, among others. Wrongful death parameters vary from state to state. The family members or a personal representative from the estate of the deceased can claim the lawsuit. In a wrongful death lawsuit, the plaintiff has to prove specific things to recover the compensation. In such cases, the family members must hire a Wrongful Death Attorney in Orlando, FL, to represent them in court and fight for justice. The Louis Berk Law Firm professionals are ready to guide you throughout your legal proceedings and help you recover the compensation amount. The blog will focus on everything you need about wrongful death lawsuits.
Significant Factors to Consider About Wrongful Death Lawsuit
In a wrongful death lawsuit, the plaintiff needs to prove the following factors to recover compensation, like,
2. Someone’s action that directly caused the death of a person
3. Damages associated with death
Florida State Law provides recovery for the surviving spouse, children, parents, or closest family members. If the surviving members can prove all these aspects, they can receive compensation from the court or gain a settlement amount from the party whose actions caused death to the insurer. Like every state, Florida, too, has a civil wrongful death statute or a set of laws that lead the procedures for bringing wrongful death actions under the supervision of Orlando Personal Injury Attorneys. Actions for personal injury, conscious pain, suffering, or expenses incurred before the decedent’s death also come under consideration by the personal representative.
Types of Wrongful Death Cases
Wrongful death cases can occur in any situation where someone’s negligence or intentional actions have caused death to a person. First and foremost, a wrongful death includes intentional wrongdoing like murder or assault. Other types of criminal death cases are as follows,
1. Negligence
The plaintiff can pursue a wrongful death case against the defendant who negligently caused damage. When a plaintiff follows a claim based on negligence, the person must show that the defendant acted negligently and that an average reasonable individual would have served better in the same situation. Examples of wrongful death include,
● Defective products
● Lack of warning
● Dog bites and animal attacks
● Slip and fall Case
● Construction site accidents
2. Malpractice
In case a doctor or professional care provider does not follow the necessary professional care standard, it can result in a mishap leading to a wrongful death lawsuit. In such cases, the plaintiffs need to prove that their actions were the direct cause of the death. When you pursue a malpractice claim, you must show the defendant’s level of care fell below the professional standard of care. Unlike in a negligence case, in a wrongful death case, the plaintiff must prove that the defendant served below-level care rather than what a reasonable person could show in the same situation.
Who Can File Wrongful Death Lawsuits?
When a person dies, s/he cannot sue a case on their behalf; therefore, it is essential to understand who can file a wrongful death lawsuit. The people who can make wrongful death claims are,
● Parents or children
● Nearest family members
● A personal representative of the deceased person’s estate
You need to learn the specific details for who can make a claim, depending on the wrongful death statute of Orlando, where the accident has taken place.
Individual/s Who Come Under Wrongful Death Allegations
Almost any individual or entity can be responsible for wrongful death. Common examples of people, including
2. Companies that design or manufacture defective products
3. Individuals who serve alcohol to the drivers who cause fatal accidents.
4. Companies that fail to warn the customers regarding the risk of the products
5. Builders or defective roadways
6. Medical professionals who commit malpractice
An experienced Orlando Personal Injury Attorney provides deep insight into all the potential defendants you can pursue a claim for a wrongful death lawsuit. As Florida is a no-fault insurance state, it implies you can file a lawsuit against your insurance company after an accident, instead of filing a lawsuit against the at-fault party’s insurer. At Louis Berk, our skilled and experienced wrongful death attorney helps families navigate Sunshine state’s civil court system and secure the compensation they deserve.
Wrong Death Damages
Financial damage is the primary measure of damages in a wrongful death case. The laws ensure that the damages from a wrongful death must come with fair compensation for the fiscal injuries that have resulted from a decedent’s death. Courts have included loss of support, inheritance, and medical and funeral expenses in the pecuniary injuries. The distributes must recover the costs if they are responsible for the decedent’s funeral or medical care. The damage award may also include interest on the main recovery amount from the date of the decedent’s death.
What Will A Wrongful Death Attorney Do?
2. Investigate your loved one’s death
3. Collect all possible evidence
4. Deal with the defense attorney and the defendant’s insurance company.
5. Negotiate for the best compensation deal
6. Proceed with a court trial, if necessary
The compensation from a wrongful death claim benefits the deceased person’s estate and the surviving family members. Florida’s statute of limitation for wrongful death cases offers you a personal representative only two years to file a lawsuit, or there are high chances of dismissal of your case. You don’t need to worry if you fear hiring a Wrongful Death Attorney in Orlando, FL, because of financial issues. The Louis Berk Law professionals work on a contingency basis, which means you don’t have to pay an upfront fee. If we don’t win your case. You don’t have to pay us! You can avail yourself of a free consultation with our professionals to receive more data and insights.