The thought of getting injured or dying haunts everyone, especially when you have a family to think about. Injuries and death lead to medical and funeral expenses, both of which can be costly without the aid of medical and life insurance. And when you think about the emotional turmoil these injuries can cause your loved ones, it’s heartbreaking.
But if you or a loved one has been a victim of a personal injury or wrongful death, you are most likely entitled to some monetary compensation. Though the money cannot bring back your health or loved one, it can help make some of the financial burdens easier to handle. But if the case of filing a claim in the event of a death caused by an injury, how do you know which claim is the right one to file? Keep reading to find out!
What is a Wrongful Death?
According to Florida’s Wrongful Death Statute (786.16-786.26), wrongful death is a death caused by another’s intentional, reckless or negligent conduct. A wrongful death claim is a civil claim brought on behalf of someone who died as a result of such conduct.
This Florida Law allows for the financial burden to be placed on the person(s) responsible for the death of the family’s loved one and not on the grieving family. During all wrongful death cases in Florida, there will be a specific time of death which the personal injury attorney will use during their investigation to help you and your family get the compensation that you deserve after such a horrible tragedy.
When Can a Wrongful Death Claim be Filed?
There are many situations in which a wrongful death claim can be filed. These claims are most commonly filed against hospitals, companies, and other parties whose negligent conduct resulted in your loved one’s death. Sometimes these claims can even be filed against an individual(s) whose misconduct resulted in a death.
Here are some situations where a wrongful death case and claim may be opened:
Car accident fatalities involving negligence- If a family member dies from car accident injuries, a wrongful death claim may be brought against the individual who caused the accident. These are most common with drivers operating a motor vehicle while under the influence.
Medical malpractice that results in death- If a doctor or hospital improperly diagnosed a condition or was negligent in the level of care needed, then the family may bring a wrongful death action against the doctor or hospital.
Intentional death of the victim- The OJ Simpson case is an example of this.
What is a Personal Injury?
A personal injury is caused when someone suffers harm from an accident or injury, and another person is legally responsible for that harm. Some examples of potential personal injuries are:
- Car accidents and collisions
- Medical negligence
- Product defect accidents
- Road traffic accidents
- Slip and fall accidents
- Work accidents
- Truck accidents
- Motorcycle accidents
When Can a Personal Injury Claim be Filed?
Deciding to file a personal injury claim isn’t as easy as deciding to file a wrongful death claim. For one thing, there are a lot more factors to consider when pursuing a personal injury case. Some factors to consider are the levels of pain and suffering and how many punitive damages there are in any South Florida accident case. You have to first figure out whether you’re covered by your insurance company’s policy or the insurance policy of the person responsible for your injuries. If you aren’t, then you may decide to proceed to the next step- engaging an attorney. Depending on where you live and where the accident occurred you will want to obtain personal representation from a South Florida personal injury attorney like Scott J Senft.
An attorney will be able to discuss your case with you to see if you have one. Talking with a personal injury lawyer allows you to discuss the merits of your case and have your legal options outlined. Initial consultations with most personal injury attorneys or lawyers are free, meaning you don’t have to worry about a fee until you hire them. Every attorney is different, so do some research on attorneys in your area before consulting with one.
Then, finally, you have to decide whether it’s worth it to file a lawsuit or not. There are several ways to go about this, so if you decide to go through with it, discuss which option is the best with your attorney or lawyer. During this process, keep in mind the statute of limitations for personal injuries in your state. With a set amount of time in a place to file a lawsuit, it’s crucial you abide it and understand your time frame.
I am located in South Florida and I have been involved in an auto accident?
Miami, Fort Lauderdale, Hollywood, Broward County, and Palm Beach County are known to have some of the highest injury statistics after an auto accident. Without the representation of a top South Florida accident attorney, it is likely that any personal injury case will not be successful. Do not make the mistake of trying to represent yourself after an auto accident or other injuries such as a slip and fall.
How Are These Two Similar?
The biggest similarity between the two is that they heavily impact the lives of the victim and their loved ones. Personal injuries and wrongful deaths are costly in several ways. With the physical and emotional health of all parties being compromised, it can put a huge strain on a person and their loved ones. Then, with the expense of medical bills and possibly even a funeral, it becomes a huge emotional strain as well. One can lead to the other, meaning these two are closely linked.
The most important thing to remember before pursuing a wrongful death lawsuit or a personal injury lawsuit is that you need solid evidence to back up your claim. The stronger your evidence, the more likely you are to win your case.
So if you believe you or someone you love has a case, call Scott Senft at 877-291-4878 and get your free personal injury consultation today.