No amount of money could ever bring back your loved one; however, if your loved one died due to someone else’s negligence, recklessness, or carelessness, you may also face medical bills, lost wages, loss of future wages, funeral expenses, and the loss of their companionship. Understanding your legal options regarding a wrongful death can help you make decisions regarding your next steps. A wrongful death lawyer serving Hollywood, Florida, with Ben Crump Law, PLLC may help you file a wrongful death case so you can get the just compensation you deserve for the loss of your loved one. Call (844) 777-4453 for a free case evaluation.
Wrongful Death
Wrongful death claims, under Florida Statutes §768.16, legally stand on the premise that if the victim had survived, they would have filed a personal injury lawsuit on their own behalf. Since the victim died due to the negligence of another person, their family now assumes the legal right to bring that legal claim on their behalf. Wrongful death due to the negligent acts of another person may result in unexpected medical bills, the loss of income, and other economic consequences. A family member who considers filing a wrongful death claim may hesitate to seek compensation for their legal right to hold a wrongdoer responsible if they remain unaware of their legal rights to compensation through a wrongful death claim.
For a free legal consultation with a wrongful death lawyer serving Hollywood, call (844) 777-4453
Identifying the Liable Party
In order to bring a wrongful death claim in the state of Florida, a liable party must be held responsible for negligent, careless, or reckless actions that resulted in the death of your loved one. Some cases involve a liable company, association, or even a government entity or agency that bears responsibility for someone’s death.
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Proving Negligence
In order to file a wrongful death claim on behalf of your loved one, you must prove that the party liable acted in a negligent manner that directly caused the injuries and death of your family member. Some of the types of negligent acts that typically lead to wrongful death may include:
- Failure to operate with due care on the road, leading to car accidents.
- Failure to create a safe working environment.
- Medical malpractice.
- Nursing home abuse.
- Producing and selling a dangerously defective product.
- Allowing dangerous conditions on a premise, leading to accidents like slip and falls.
This list does not include all possible negligent acts but serves as an example of situations that might give rise to wrongful death claims.
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Eligibility to File a Claim
Florida Statutes §95.11 allows certain family members to bring a wrongful death claim on behalf of their loved one within two years. The family members that may bring a wrongful death claim in Florida include the deceased person’s spouse, children, parents, or any blood relative or adopted sibling who can claim either partial or full financial dependence upon the decedent. If a loved one misses those deadlines, they will lose their legal right to receive compensation on behalf of their loved ones.
To learn if you qualify to pursue compensation in a wrongful death claim, contact a member of the team at Ben Crump Law, PLLC at (844) 777-4453 for a free case review.
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Wrongful Death Compensation
If you consider filing a wrongful death claim, you may wonder about what types of compensation you may receive, and you might have financial challenges after the death of your loved one due to someone else’s negligence. You may receive the following types of compensation in a successful wrongful death claim:
- Funeral costs.
- Lost wages.
- Loss of future wages.
- Remaining medical bills and expenses.
- Pain and suffering of your loved one.
- Loss of care, loss of guidance, and loss of caregiving capacity.
- Punitive damages.
This list does not represent all the types of compensation you may receive, and every wrongful death claim differs based upon the unique factors of each case.
Steps to Take After a Wrongful Death
If your loved one passed away, you may not want to face filing a wrongful death claim without legal representation. As you consider whether to file a wrongful death claim, taking the following steps may help:
- Gather all information, evidence, and documentation related to your loved one’s wrongful death. If they suffered a car accident, get the police report and witness information if possible. If medical malpractice occurred, collect the medical records and witness information. If nursing home abuse or negligence occurred, collect medical records, and witness information. Collect any evidence possible.
- Create a file of all your expenses related to your loved one’s death. These expenses may include funeral expenses, medical bills, diagnostic tests, physical therapy, medicine, or any other costs associated with the death of your loved one.
- Contact your loved one’s employer and gather all pay stubs and income information to help prove not only lost wages but also the loss of future income to the family.
- Document and journal the emotional impact on your family, including how emotional support, encouragement, guidance, and companionship has now left forever due to your loved one’s death. Describe this in detail to illustrate to a court how the wrongful death of your loved one affected your family in ways both great and small.
A Wrongful Death Lawyer Serving Hollywood May Help Your Case
If you lost a loved one due to the negligence of another, you may feel overwhelmed both emotionally and financially. The devastation caused after a loved one’s death only multiplies when the death resulted from someone else’s negligence. You have many decisions to make following your loved one’s death, and consulting with a wrongful death lawyer serving Hollywood might help you with your next steps. Contact Ben Crump Law, PLLC at (844) 777-4453 to understand how you may receive compensation on behalf of your loved one.
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