Wrongful death settlements are not one-size-fits-all. They are unique to the circumstances of each case, making it challenging to predict a precise figure. If you find yourself coping with the loss of a loved one due to someone else’s negligence, understanding the factors that influence wrongful death settlements in Florida is crucial. In this article, we will delve into the key elements that impact these settlements and why consulting an experienced Wrongful Death Attorney in Orlando, FL, is important.
The Complexity of Wrongful Death Cases
Losing a loved one is a painful experience, and when it’s the result of someone else’s negligence, the pain is multiplied. For grieving families seeking justice, the timeline of a wrongful death lawsuit becomes a pressing concern. Most wrongful death cases tend to reach settlement within a range of 6 months to 2 years. However, certain complexities can extend this timeframe, sometimes even for multiple years. Delays may arise from difficulties in securing a trial date, the need for rehearings and appeals, or intricate legal processes.
Factors Impacting Wrongful Death Settlements
Wrongful death cases encompass a wide array of circumstances, including medical malpractice, slip and fall, and various types of accidents. These cases can range from straightforward to highly intricate. Factors that can influence the duration and outcome of a wrongful death case include:
Type of Case: Some cases, like drunk driving accidents resulting in the death of an innocent driver or pedestrian, may be relatively straightforward. In such cases, an experienced Orlando Slip and Fall Lawyer should be able to help. On the other hand, medical malpractice cases often involve multiple parties, such as doctors, nurses, and hospitals, making the process more intricate. Hence, the type of case plays a significant role in determining the timeline.
Settlement vs. Trial: While every wrongful death case is unique, it’s generally estimated that a typical timeframe for settlement falls between 12 months and 3 years. However, this timeline can be significantly shortened if the parties involved agree to a settlement before going to trial.
Who Can Bring a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act, specific surviving family members are eligible to file a wrongful death claim. These include:
● Blood relatives who were dependent on the deceased
● Adoptive brothers or sisters who were dependent on the deceased
● A child born out of wedlock if their mother passed away
● A child born out of wedlock if their father passed away, provided the father had taken responsibility for supporting the child
Factors Impacting the Value of a Wrongful Death Settlement
Determining the financial compensation in a wrongful death case is challenging. In Florida, several factors may influence the settlement amount:
Age of the Deceased: The age of the deceased plays a role, as younger individuals typically have longer potential earning years ahead of them.
Income and Earnings: The income and earning capacity of the deceased at the time of their death are considered, as well as potential future earnings.
Financial Losses: This includes benefits such as health insurance or pensions that the family would have received from the deceased.
Medical Expenses: Any medical expenses incurred before the deceased’s passing are considered in the settlement.
Funeral and Burial Costs: These expenses are typically covered in a wrongful death settlement.
Non-Economic Damages: Loss of spousal companionship, loss of parental guidance, and the deceased’s pain and suffering before death are taken into account.
Dependents: The circumstances of any family members who were financially dependent on the deceased are considered.
It’s important to note that arriving at a precise monetary value for these factors is extremely challenging, if not impossible.
Why Wrongful Death Settlements Tend to Be Larger in Amount
Wrongful death settlements often surpass other personal injury claims in terms of amount. This is primarily because of the financial expenses and the profound emotional and personal losses the surviving family members suffered. The costs associated with a wrongful death case can be substantial, including medical bills, funeral expenses, and lost earnings. Moreover, wrongful death settlements aim to compensate for the loss of support and future economic benefits that the family would have received from the deceased.
The Critical Role of an Attorney
Pursuing a wrongful death lawsuit without legal representation is a daunting task. An experienced Spanish Speaking Personal Injury Attorney also handle Wrongful Death cases in Orlando, Florida, possesses the knowledge and expertise necessary to guide you through the complex legal process.
Additionally, an attorney can provide insights into the value of your claim, ensuring that you receive fair compensation. While you grieve the loss of your loved one, your attorney will tirelessly advocate for your rights, allowing you to focus on healing and spending time with your family.