Wrongful death refers to deaths that result from the wrongful act of another person. Such deaths can result from negligent behavior, such as driving in a dangerous or careless way, or they can result from intentional harm, such as manslaughter or other willful criminal acts.
In certain cases, when a wrongful death occurs, you may collect the compensation that you deserve from the insurance company of the liable party. Oftentimes, the liable party either:
- Does not have insurance.
- Does not have an insurance policy that pays you a fair amount.
Insurance companies may pay out a wrongful death suit, but if you do not receive the compensation that you believe you deserve through this route, the courts provide a secondary option for pursuing awards. When insurance does not provide the compensation that you deserve, you have the right to employ the services of a lawyer and pursue a wrongful death settlement and financial awards through the courts.
A Lawyer May Help You Start and Finish Your Wrongful Death Suit
Death of any sort can bring immense trauma onto a family, and when the death occurs unexpectedly—such as when a wrongful death occurs—the suddenness and shock can make the trauma even greater. Whether your loved one’s passing occurred recently or not, a lawyer may serve as the buffer between the trauma of reliving your loved one’s death and pursuing compensation.
Beyond being protected from the emotional pain of the case, a lawyer may complete several tangible tasks necessary for you to have a shot at financial awards. Some of these tasks extend to:
- Completing and filing paperwork to start your case in the Florida legal system.
- Obtaining evidence that shows your loved one’s death resulted from negligence.
- Speaking with witnesses to the event that caused your loved one’s death and obtaining their testimony.
- Speaking with the legal representatives for the defendant to explore any available wrongful death settlement options.
- Handling your case from start to finish, ensuring that we consider all legal avenues to obtain financial justice.
- Defending you and your family’s rights throughout the legal process.
A lawyer may argue that your loved one classifies as a victim of a wrongful death and that the defendant or defendants in your case prove responsible for you and your family’s immense loss.
Call a Lawyer to Determine if Wrongful Death Applies
If you remain uncertain of whether your loved one died in a circumstance that constitutes a wrongful death, you can call a lawyer for help with evaluating your case. Every wrongful death claim differs, so you can call a lawyer even if you slightly suspect another person’s wrongdoing in the death of your loved one.
Some scenarios that may warrant a wrongful death case include:
- If your loved one’s death resulted from a defective product, such as a seatbelt that did not work properly, especially if the manufacturer knew that the defect existed.
- If your loved one lost their life as a result of a motorist who acted carelessly or recklessly, such as somebody who drove past the speed limit, drove while intoxicated, or texted just before the accident or at the time that the accident occurred.
- If a dangerous workplace or workplace culture contributed to your loved one’s death.
- If your loved one died as the result of medical malpractice, a term that includes many forms of medical wrongdoing.
- If an establishment with inadequate security measures caused your loved one’s death. This can include a place without any guards or too few guards on duty, one that did not have adequate surveillance or alarm systems, or any other shortcoming that qualifies as inadequate security.
Additional circumstances may warrant a wrongful death suit. You have the right to legal representation while pursuing compensation for your losses in a wrongful death claim. Calling a lawyer may help explain the circumstances surrounding your loved one’s death, and they may advise you on the next steps in pursuing compensation.
For a free legal consultation, call 800-593-3443
Proving Fault and Pursuing Compensation in a Wrongful Death Claim
A lawyer may aim to prove the fault of the defendant by:
- Showing the court that the defendant had a duty to protect your loved one from unreasonable danger.
- Showing that the defendant breached this duty.
- Proving that the defendant’s breach of duty (called the duty of care) caused your loved one’s death.
- Calculating damages and requesting that the court order the defendant to compensate you.
If your lawyer can prove these things, then you may have a strong case for financial awards, which may cover:
- Pain and suffering, a common result of wrongful deaths.
- Medical expenses.
- The loss of comfort, companionship, and financial protection once provided by the deceased.
- Funeral costs.
The list of possible awards may extend to other losses depending on the circumstances of your case. Expert wrongful death attorneys can provide a more complete list of awards for which you can qualify upon a close examination of your case.
Call Ben Crump Law, PLLC for Help with a Wrongful Death Claim
Losing a loved one proves painful enough without the added stress of litigating your case on your own. At Ben Crump Law, PLLC, we want to help you pursue fair compensation for the wrongful death of a loved one, and we also want to ensure that you suffer no further losses as a result of their untimely passing. Call us at 800-593-3443 for a free consultation and case evaluation.
Do not wait, as the statute of limitations in Florida for wrongful death claims generally extends for two years from the date of death. The sooner you call, the sooner we may begin building your wrongful death claim. We do not shy away from tough cases, and we may pursue a lawsuit on your behalf if initial negotiations with defendants do not result in fair compensation.