No amount of money could ever make up for the terrible loss of a loved one. But when a tragedy occurs due to someone else’s negligence, the family members of those who have passed on will often demand justice. If this has happened to your family, we first want to offer our sincere condolences. We are also here to help you find that justice.
At The Eberst Law Firm, we have years of experience helping the families of those lost due to unimaginable circumstances. If you’ve been forced to suffer due to the negligence of another party, please get in touch to find out more about how we may be able to help. You can contact us online for a free consultation, or you can give us a call at 888-CALL-JON.
Here is some information on wrongful death lawsuits, and why it’s so important to hire an attorney as soon as you possibly can.
What Does “Wrongful Death” Mean?
This is basically a term that means a death that occurs due to an accident that should not have happened in the first place. It could be due to a speeding driver, someone who got behind the wheel while impaired, or some other type of negligence.
When someone pursues a wrongful death lawsuit against the negligent party, the matter will often be heard by a judge. Attorneys for the plaintiff and defendant will argue the merits of their respective cases, and then the judge will take the facts into consideration before rendering a judgment. If the case goes in favor of the plaintiff, the judge will also decide the amount of compensation the plaintiff will receive.
This is just a partial list of some of the different reasons wrongful deaths take place.
- Car accidents
- Boating accidents
- Defective products
- Slip and fall accidents
- Accidents in the workplace
- Medical malpractice
How to File a Wrongful Death Claim in Florida
Once the deceased’s cause of death has been officially determined, your next step should be to hire a wrongful death attorney. Regardless of the cause – whether you suffered the horrible loss of a child due to drowning, your loved one was lost due to a trucking accident, or whatever the reason may be – your attorney will conduct an investigation.
This investigation will be key to obtaining the evidence you’ll need in order to prove the negligence of the party that caused the tragedy. In addition, your attorney will also help you navigate the many complexities that can be involved in this type of claim. Your legal representative will shield you from any harassment, whether from the defendant, the defendant’s insurance company, or anyone else.
Maybe most importantly, an attorney will take care of all the details so you don’t have to. You obviously have enough on your mind already. The last thing you need is even more stress. Your attorney will take all of that off your plate so you can focus on recovering from the tragic loss you and your family have suffered.
There’s nothing in the law that says you have to get legal help. However, it’s very advisable that you do so in order to have the best possible chance of realizing a positive outcome to your case.
Claiming Damages for a Wrongful Death Case
Whenever someone loses a loved one due to another’s negligence, they incur certain types of expenses. These expenses are known as “damages” in legal terms. These can include any medical bills the victim may have incurred before passing away, as well as funeral and burial costs. Damages can also include the victim’s lost wages, as well as future earnings.
All of the above are examples of so-called “economic” damages. They are tangible, and fairly easy to calculate. There are other, not-so tangible damages, known as “non-economic” damages. These include pain and suffering, loss of companionship, loss of parental guidance and more.
No attorney will be able to give you an exact estimate of how much money you may be able to obtain in the form of economic and non-economic damages. They can vary a great deal from case to case. However, an attorney with The Eberst Law Firm will fight passionately to make sure you receive fair compensation.
Who Can File a Wrongful Death Case in Florida and When?
There are only certain people who can file a wrongful death claim on behalf of someone lost in an accident caused by negligence. A surviving spouse, for instance, could pursue damages such as loss of companionship, loss of consortium and more. If the surviving children are minors, they could file a claim for loss of parental guidance and instruction.
Parents of a child can file a wrongful death claim, as can blood relatives who were financially dependent on the accident victim. In some instances, adoptive siblings may also pursue a claim, provided they can prove they were totally dependent on the victim.
There can only be one claim filed on behalf of all survivors who are eligible. Also, only the deceased’s personal representative may actually file, as long as that person is named in the will. If there is no will, or no named representative, then the court will usually assign one. More than likely, this will be the spouse.
You also need to know that the statute of limitations for a wrongful death lawsuit in the state of Florida is two years from the date of the death. Claims filed after that time will not be valid.
Talk to an Experienced Wrongful Death Attorney
It’s only natural if you feel the last thing you want to do at this moment is worry about trying to find an attorney to represent you in a wrongful death lawsuit. But the mere fact that you read this article shows that you are ready to at least think about seeking justice on behalf of your lost loved one.
At The Eberst Law Firm, we have a team of skilled, experienced attorneys who are ready to fight for you and your family. Please schedule a free case review at your earliest convenience by calling 888-CALL-JON or using our online form.