It is heartbreaking when another party’s recklessness or negligence causes the loss of life — all the more so if the victim was your loved one. When this happens, it is essential to understand how the law applies to your case and what compensation is available. A Coral Springs wrongful death lawyer can explain your rights, keenly assess the circumstances of your case, and help you to file a claim or lawsuit.
Call Ben Crump Law, PLLC today for a free consultation: 800-593-3443.
How a Wrongful Death Claim Works
When the wrongful act or negligence of a person or entity results in someone’s death, the decedent’s personal representative can file a legal action known as a wrongful death claim.
Situations that can lead to a claim of this nature include medical malpractice, car accidents, defective products, pedestrian accidents, and workplace hazards.
Unlike other types of offenses like homicide and murder, which are investigated by a prosecutor and tried in a criminal court, it is your decision whether or not to start a wrongful death case, which gets resolved in a civil court.
The purpose of your claim would be to get compensation for your loss; however, these cases can be complicated and drag out for a long time. Having a Coral Springs wrongful death lawyer on your side can help you meet the specific legal requirements of your case and fight for the compensation to which you are entitled. In some instances, your lawyer may be able to settle the matter with the offending party out of court, shortening the litigation process.
For a free legal consultation with a wrongful death lawyer serving Coral Springs, call 800-593-3443
The Law Protects My Rights
Just like most other states, Florida has statutes that address wrongful death claims. Under Section 768.19, a personal representative can file a claim on behalf of all qualifying family members if your family member was a victim of wrongful death as defined by law. Valid reasons that justify filing a claim include another party’s negligence, breach of contract, and wrongful act.
Keep in mind that the statute of limitations concerning wrongful death lawsuits in Florida is two years from the date of death. As such, you will have only two years from the time of your loved one’s death to file a lawsuit. If your circumstances do not qualify you to request an extension or postponement of the deadline, the court will likely dismiss your case after the time limit expires. A Coral Springs wrongful death lawyer understands how crucial it is to meet this deadline in order to protect your case. Your lawyer will ensure that all the legal documents for your claim are correct and will file them on time.
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Parties Who Can Recover Damages From a Wrongful Death Claim
You may be legally allowed to recover damages from a wrongful death case if the deceased is your spouse, parent, child, or blood relative whom you are dependent on when it comes to services or support. Also, the personal representative of a deceased individual’s estate can file a wrongful death claim on behalf of the beneficiaries or the survivors. Be aware, however, that if the beneficiaries are not survivors of the deceased, damages are limited.
Meanwhile, Florida law permits a child to recover damages like present and future loss of financial support regardless of his or her age. Seek guidance from a member of our team if you wish to know more about your eligibility to recover compensation.
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Proving Fault Is Critical in a Wrongful Death Case
For your claim to have a favorable outcome, you need to prove that the defendant acted in a negligent, reckless, or intentional manner that ultimately caused your loved one’s death and was, therefore, responsible for your losses.
You must be able to establish that the other party owed your loved one a duty of care, such as attentive driving in the case of a car accident. If the defendant was driving under the influence or violated traffic rules, the court could consider it a breach of duty of care; however, a crucial factor in the success of your case is the evidence that this breach directly caused the death of your loved one. Fortunately, you do not need to handle this alone. A Coral Springs wrongful death attorney can manage this on your behalf. Give us a call today to get started.
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I May Be Entitled to Several Legal Remedies
The types of recoverable damages in a wrongful death case depend on whether an individual makes a claim on behalf of the family members or of the estate. Although you may want to consult a member of our team about the compensation you may receive due to the death of a loved one, you can typically recover damages that include the following:
- Funeral and medical expenses that you paid for your deceased loved one
- The loss of protection, companionship, guidance, and support from the deceased family member
- Lost future support from the deceased
When a personal representative makes a claim on behalf of the estate, there are slight differences in recoverable damages. The law allows the estate to receive the following:
- Funeral and medical expenses directly paid by the estate
- Lost earnings or wages that the deceased could have received if they had lived
- Lost value of earnings that the estate would have collected had the deceased lived
Always remember that damages vary depending on the circumstances of the case. Do not hesitate to speak to a member of our team if you want to know more about the calculation of compensations as specified by the law.
Ben Crump Law, PLLC Is Committed to Helping Me Every Step of the Way
We fully understand that during this challenging time, it is tough to deal with the complexities of the law. Connect with Ben Crump Law, PLLC so you do not have to worry about going through the challenges of filing a lawsuit alone. We can help ease your grief and suffering by providing you with professional legal advice and representation. You can rely on our attorneys to thoroughly evaluate your case, establish liability, discover crucial evidence, protect your rights, and figure out the compensation you deserve.
Call us today to learn more about how a wrongful death attorney can help your case: 800-593-3443.
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