Knowing what to do in such situations can be confusing. Even knowing what your rights are as a surviving family member might not be clear. That's why it's critical that you talk to a wrongful death attorney right away with extensive experience handling such complex cases.
An attorney at the Law Offices of Brent C. Miller, P.A. in Central Florida can help you every step of the way. We know how the legal system works here and we know what it takes to build a strong legal case.
How wrongful deaths occur
Wrongful death cases are special cases. They can occur in many ways by various people. In some cases, a doctor may fail to provide a patient with the proper diagnosis, resulting in avoidable death. This is known as medical malpractice. In other cases, a construction company's failure to provide clear, visible warning signs may cause an individual to experience a deadly fall. This is known as professional negligence. A landlord may fail to remedy mold within a home that he or she is renting, resulting in someone's deadly asthma attack. Or, a driver may text or disobey basic traffic laws, which may cause a deadly auto accident.
As seen in these cases, wrongful deaths occur because of the poor judgment, malicious intent and/or negligence of other individuals. In many cases, individuals may not have planned to cause harm to another individual, but their avoidable actions may have nonetheless contributed to another person's death. A wrongful death lawyer at our firm can provide further insight on how wrongful deaths are pursued.
Types of compensation
Wrongful death claims are traditionally submitted by the personal representative of a decedent's estate or a loved one of a deceased individual. There are two categories of damages (financial compensation) that are covered by successful wrongful death claims. A Central Florida wrongful death lawyer may be necessary to assist with determining which damages may be covered by a wrongful death claim based on the events that led up to your loved one's death.
The first category of covered damages includes payments to cover any and all of the issues that a decedent experienced from the time of the wrongful behavior to the time of the death. For example, if a person is severely injured due to the negligence of a driver, and eventually dies as a result of those injuries, the driver will be responsible for the individual's medical treatment, lost wages and general pain and suffering.
Meanwhile, other damages that are recovered by successful wrongful death lawsuits serve the purpose of assisting mourning families. Recipients such as spouses, children and parents may receive compensation to bury a deceased loved one. They may also receive financial support to cover the wages that a decedent would have received until his or her time of retirement.
Determining eligibility for damages
There are many factors that may determine the types of damages that may be covered after filing a wrongful death claim. In most cases, it comes down to the standard of proof. The more evidence that is provided to support that an individual experienced a wrongful death because of the negligent behavior of others, the more likely a family may receive additional coverage for damages.
In other cases, eligibility requirements for damages depend on the presence and amount of surviving family members; the age, education level and skills of those surviving family members; the employment and financial state of the individual before his or her death; and the timeframe of the death. If the death is immediate, most individuals will only be responsible for affording the aftermath of the death by providing monetary contributions to the surviving family. If the death is slow, however, the estate may be required to pay for all of the expenses leading up to the individual's death.
When filing a wrongful death claim, it is important to consult with an experienced Central Florida wrongful death attorney who understands Florida's laws. You want to be sure that you are compiling a strong case, and this can only be done with legal guidance and expertise. You will need to indicate how your family has been impacted by a wrongful death and prove that another individual's negligence resulted in fatal harm. This is not an easy task to complete, but with an experienced wrongful death lawyer from our firm on your side, the process is simpler.
Do you suspect wrongful death?
If you suspect that a wrongful death has occurred in your family, it is best to take action as soon as possible. Once a decedent's estate is divided, it may be difficult to prove that a family has experienced financial loss from a loved one's death, especially since the decedent's assets will likely be distributed among the family.
Distribution of a deceased's assets can give the illusion that the family is not in need. It is crucial that you contact a wrongful death lawyer so that you can get the help you need filing an effective claim, conducting an investigation, gathering compelling evidence and testimony support. Most importantly, a lawyer can ensure that the person responsible for your loved one's death provides some sort of financial compensation.
Wrongful death attorneys in Central Florida
If the negligence of an individual or entity results in the death of another individual, it is a wrongful death. If you are the personal representative of a decedent's estate, and you suspect that his or her death was the result of another's negligence, you may file a wrongful death claim. A wrongful death attorney in Florida can help you determine which steps to take.
There are many Florida wrongful death law firms. But for many of them, it's just a job. For us, it's our passion. We empathize with you. We take the time to find out exactly what happened. We're compassionate to your needs. We're there for you every step of the way.
Find out what our legal team can do for your family. Contact us today for your free initial consultation. We're here for you when you need us most.