FLORIDA WRONGFUL DEATH ATTORNEYS

The impact of losing a loved one is devastating to anyone - regardless of what caused the death. Knowing that you now must continue life without their emotional and financial support can be overwhelming.  

If a sudden death was caused by the negligence of another person or company, the devastation is often even greater. While your main priority is not to pursue a wrongful death lawsuit, it may assist in the financial burden that has now been left and you deserve justice. 

WHAT IS WRONGFUL DEATH? 

Wrongful death claims are made by the family members and survivors of a person who has died as a result of another person or company’s negligence. Wrongful death claims are designed to provide compensation for those who depended on the deceased for both financial and emotional support. 

Florida law allows only certain family members to file a wrongful death suit, seeking monetary damages for their loss. It is important that your wrongful death attorney be familiar with the laws to determine whether you are able to pursue a wrongful death claim for your loss.

Wrongful deaths often occur as a result of: 

  • Car accidents

  • Pedestrian accidents

  • Truck accidents

  • Medical malpractice

  • Workplace accidents

FILING A WRONGFUL DEATH CLAIM

A wrongful death claim may be filed by a family member or spouse, depending on each individual situation. In Florida, a spouse, child, parent, or any blood relative or adoptive sibling may file a wrongful death claim on behalf of the deceased’s estate. Who is eligible to file a wrongful death can be complicated to determine.  It is always best to hire a wrongful death attorney, in order to receive the proper answers to your questions. Here are some of the first steps in pursuing a wrongful death claim:  

1. CONTACT A LAWYER

The best place to start is to find a wrongful death attorney. A wrongful death attorney will aid you in relieving the worry of the details involved in filing a wrongful death case. An attorney will meet with you to review the details of your potential case and inform you how they can best move your case forward to get you a recovery. 

2. INVESTIGATION

A wrongful death attorney and their team will investigate the facts of what occurred. This part of the process is often essential.  Many times, there are no witnesses to the incident and evidence will be forever lost. This process could include interviewing witnesses including the person who created the accident, expert witnesses, doing a field inspection or evidence inspection.  

WHAT IS REQUIRED TO PROVE NEGLIGENCE?

Wrongful death claims sometime settle prior to filing a lawsuit and going to court. However, when a wrongful death lawsuit goes to court, elements of the wrongful death claim must be proven for the lawsuit to move forward.

The key elements to prove negligence in a successful wrongful death case are: 

  • Duty of Care: There must be proof that the deceased person was owed a duty of care.

  • Breach of Duty of Care: there must be proof that the duty of care owed to the descendant was indeed owed.

  • Causation of Death: It must be proven that the breach of care is the cause of the wrongful death.

DAMAGES FOR A WRONGFUL DEATH LAWSUIT

There are typically two types of damages involved in wrongful death cases. Though there are a considerable number of factors influencing these cases, loved ones can generally be compensated through economic and non-economic damages. 

ECONOMIC DAMAGES

Economic damages cover the value of the financial contributions that the decedent would make to the surviving family members had they not passed and the financial loss incurred from their passing. Compensation for the loss of financial security is encompassed within these damages. Common types of economic damages include: 

  • Medical expenses related to the death

  • Funeral expenses

  • Loss of expected earnings

  • Loss of benefits (e.g., pension plans and/or medical coverage)

  • Loss of inheritance

  • The value of goods and services that the decedent would have provided

NON-ECONOMIC DAMAGES

While non-economic damages are more subjective than economic damages, they can typically carry more value. The emotional suffering is equally as pertinent as financial suffering, and deserves compensation. Common types of non-economic damages may include: 

  • Compensation for the survivors’ mental anguish or pain and suffering

  • Loss of care and protection from the deceased

  • Loss of companionship

  • Loss of consortium

 

HIRE A FLORIDA WRONGFUL DEATH ATTORNEY TODAY

The Law Office of Arye P. Corbett represents injured victims in Boca Raton, Fort Lauderdale, West Palm Beach and all over the state of Florida. 

Contact a wrongful death law firm today to discuss with a wrongful death lawyer how we can help you pursue your wrongful death claim. The Law Office of Arye P. Corbett is always here for you and will gladly come to you to meet in-person. Our consultations are completely free and require no commitment. We will discuss your options and rights, and decide together, what to do next.

We look forward to hearing from you.

Contact our office today by calling us at 561-948-3700 or by sending an email to arye@yourbocalawyer.com