Wrongful death lawsuits are filed when someone dies because of the actions of another person. An example of this would be a loved one dying in a car accident caused by another driver, although there are many situations where wrongful death can occur. As a family member of the deceased, you may be able to file a lawsuit on your loved one’s behalf. Doing so can help you recover financial compensation to deal with your loved one’s finances, final expenses, and more.
If you think you have grounds for a wrongful death lawsuit, a Daytona Beach wrongful death lawyer can explain what your legal options are. Call Ben Crump Law, PLLC today at (800) 593-3443 for a free consultation about your case.
Understanding Wrongful Death
Many situations can develop into wrongful death lawsuits. Workplaces, for example, have been the focus of wrongful death lawsuits for a long time. Work conditions play a big part in these cases as companies that do not follow safety regulations or put their employees in hazardous settings may be held liable for their deaths.
Workplace injuries continue to increase in lower-income areas. Higher-income areas see fewer injuries, yet the overall number continues to rise. In 2017, the U.S. Centers for Disease Control and Prevention (CDC) reported nearly 170,000 deaths from unintentional injuries. Many of these injuries result in deaths that could have been prevented. The families of people who die in these accidents may be able to take legal action under specific circumstances.
For a free legal consultation with a wrongful death lawyer serving Daytona Beach, call 800-593-3443
Criteria for Wrongful Death
A wrongful death lawsuit will have to prove that several conditions were met. These conditions include:
- Cause of death: The lawsuit will have to prove that the person or entity being sued is responsible for the cause of death—for example, causing a car accident that killed another person.
- Impact on the family: Evidence of the impact on the family must also be provided. This typically focuses on the financial impact of the wrongful death on the family’s current situation, expenses, and long-term ability to maintain their lifestyle.
- Eligibility to collect compensation: Certain family members are allowed to file a lawsuit and collect compensation. This eligibility varies from state to state.
Other criteria may need to be met that are not covered on this list. Before taking any legal action, consult a Daytona Beach wrongful death lawyer to find out what your legal options are. Because every state’s laws are different, you must be sure that your case meets the criteria for filing a wrongful death lawsuit before you can take action. Contact Ben Crump Law, PLLC today to learn more.
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Florida Wrongful Death Law
Wrongful death laws are spelled out in the state of Florida’s statutes for civil cases. There are corresponding statutes for criminal cases that are completely separate from any civil actions that you may take. One statute that you should focus on is the statute of limitations, which effectively limits the amount of time that you have to file a wrongful death lawsuit.
According to the 2019 Florida Statutes, you only have two years to file a wrongful death lawsuit. If you miss the deadline, your case almost certainly will be rejected by the court, although there are rare exceptions. By starting the process as soon as possible, you can help ensure that your Daytona Beach wrongful death lawyer will have enough time to build your case and file your lawsuit before the deadline.
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Seeking compensation in a wrongful death lawsuit may seem a bit complicated, but it can be summed up in several types of compensation. Medical expenses are usually claimed in wrongful death lawsuits to help cover the cost of any emergency and/or ongoing treatment that your loved one needed. In many cases, these costs can be extensive, and recovering compensation can help solve a lot of financial issues.
Other forms of compensation that you can claim focus on the financial losses of not having your loved one with you anymore. For example, losing access to health benefits from an insurance program offered through your loved one’s employer can greatly impact your finances and your well-being going forward. Not having your loved one’s income to support the family can also have a significant impact. These are the types of expenses that are often taken into consideration when trying to determine the overall impact of losing your loved one.
You may also be able to claim compensation that does not revolve around fixed expenses. One example of this is pain and suffering compensation, which many people are familiar with through TV and movies. Pain and suffering compensation is typically sought to address the mental and emotional impact that losing your loved one has had on your life. Because this type of compensation is not based on fixed expenses, it is generally calculated by using one of several available methods that take your expenses and multiply them to show what you should be awarded.
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Your Daytona Beach wrongful death lawyer will try to determine liability at the beginning of the process of building your case. Liability means that a person or entity is financially responsible for the injuries and damages that their actions caused. Your lawyer will look for evidence to prove that whoever caused the accident or harm is liable for your loved one’s death.
Determining liability is relatively easy in most cases. For example, the person who caused a car accident that killed your loved one will likely be held liable. Entities, like businesses, can be held liable as well if the accident or harm involved conditions that were under the company’s responsibility. Workplace accidents usually result in wrongful death lawsuits against companies if they violate safety procedures.
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If your loved one died because of someone else’s actions, you might be able to take legal action. Doing so can help you recover financial compensation that resolves your loved one’s finances, final expenses, and more. Before you take action, a Daytona Beach wrongful beach lawyer can review your case and help determine your next steps. Call Ben Crump Law, PLLC today at (800) 593-3443 for a free consultation about your legal options.
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