Is a family member or a loved one has unfortunately passed away because of another party’s lack of responsibility, fault, and negligence? We believe that you have arrived here because you are indeed desperately seeking clarity and peace of mind to such a devastating circumstance. Above all, we would like to say that we offer our condolences as we deeply regret the death of your loved one.
We cannot even begin to fathom the pain, sorrow, anger, and sadness that you may be going through at this moment. We would like to offer you our support, send you strength, and tell you that positive thinking is the best remedy in such a dark time.
However, we are also here because we are of the thought that words do not really make a difference. The truth of the matter is that a loved one died because of an underlying cause that was not his or her fault. Their death was precipitated by a faulty party that facilitated an event or consequence that fatally harmed your loved one.
For those reasons, we are here to tell you that these types of deaths cannot go unaccounted for. Legally speaking, these incidents are called “wrongful deaths” and as a result of their origin, those responsible must be held accountable.
We understand if you believe that holding those responsible to answer for their deeds won’t return your loved one. That is true and all, but the reality is that not only do you deserve answers and justice for your grievance but it is about the memory of your loved one as well.
He or she deserves that the questions be answered. The party at fault that contributed to such a painful occurrence must answer for their crimes. Once again, looking at this situation from a legal perspective, these supposed charges deserve an owed set of compensation to those who have to suffer the death of a loved one.
This is because death brings forth an array of financial and emotional complexities that are very difficult to deal with with a lack of preparation. This isn’t to say that preparedness is a core competency in these events because we as human beings will never be ready to deal with the loss of a loved one. However, the affected individuals will in fact benefit from a monetary settlement that will better prepare them to deal with the aforementioned consequences of a loved one’s passing.
What we want to provide for you in this space are details of the legality of wrongful death. Why? Because you deserve to know what you and the memory of your loved one are entitled to because of someone else’s lack of responsibility.
You need to understand that this circumstance consequently labels you as the living representative of the harm that was bestowed upon the deceased person. In other words, you will have to set out and fight to protect the rights of your loved one. These are the same rights that were negated and infringed upon at the moment of his or her death.
However, we also have to be frank with you because this will not be an easy task. More specifically, venturing out by yourself in search of justice will be virtually impossible without the right set of help.
Don’t lose hope though, because we are happy to tell you that with the assistance of a wrongful death attorney in Florida you will be able to come out victorious. These legal experts will fight for the rights of your loved one while also working to attain the monetary settlement that you and your family are entitled to.
This compensation will provide you financial relief, peace of mind, and more importantly justice. Please join us throughout this article as we delve into the core topics of the legal standards of wrongful death, qualifications of damages, and how a wrongful death attorney can help you. Let’s go ahead and get started.
Legal Standard of Wrongful Death In Florida
By pure definition, wrongful death claims allow the full estate (nuclear family) or those close to a deceased person to formally file a lawsuit against the party who is legally liable for the death of the affected victim.
Be aware, however, that each state’s wrongful death laws can vary in detail, these types of lawsuits tend to be filed by a representative of the deceased person’s wealth, and also any surviving family members negatively affected by the death.
The next task on the agenda will be to figure out what type of accidents or fatal injuries can be categorized as instances of wrongful death events. In wrongful death claims, it must be proven that the aggressor or at least party at fault created a dangerous situation that placed the victim in harm’s way. Let’s go ahead and review some instances of wrongful death.
- Medical malpractice: This is defined to be a poor diagnosis of a condition, medical action, or illness that leads to a patient’s death. However, it must be proven that throughout that diagnosis or medical performance there were actions of negligence and carelessness in comparison to other medical professionals who performed the same action without any disastrous consequences.
- Intentional murder: There are various degrees of murder but the point here is to make you understand that an aggressor killed your loved one because he or she felt like doing so.
- Car accidents that lead to fatal injuries: This type of wrongful death perhaps highlights the epitome of negligence and lack of responsibility. Car accidents are the result of either speeding, drunk driving, and reckless driving. If any of these actions are proven in an extensive investigation you and the rest of your family are entitled to receive compensation.
Now that we know the legal complexities of wrongful death claims we have to review what type of damages can be compensated in wrongful death claims.
- The deceased individual’s “pre-death” or stage of pain and suffering before their final days. (this is often called a “survival” claim).
- Costs of medical treatments that the deceased victim had to undergo as a result of the injury prior to death.
- Costs of funerals and burials.
- Loss of the deceased person’s expected income.
- The loss of any inheritance as a result of the death.
- Monetary value of the services that the deceased would have provided
- Losses of care, guidance, and nurturing that the individual would have been able to provide had it not been for their death.
- Loss of love, companionship, consortium.
Legal Representation in South Florida Is The Right Answer
As we mentioned before, we deeply regret the pain and sorrow that you may be feeling at this moment and for that reason is why you need to seek the expertise of a wrongful death attorney for the following reasons.
To start, it is worth mentioning that these legal experts have dealt with cases similar to yours countless times. As a result, they will have to handle everything ranging from filling out paperwork to actually talking to the insurance companies and legal representatives of the party at fault. Have in mind that the latter advantage is crucial within your legal claim. This is because there is nothing more difficult than having to deal with the insurance companies will you grieve the death of a loved one.
When we talked about the damages that qualify for compensation that is where your wrongful death attorney will come into the picture. The truth is that your word will not be enough to prove those damages. Nonetheless, your injury attorney will have the ability to effectively add value to those damages so that they can lawfully be represented in your desired compensation. This is a crucial asset while you move forward with the wrongful death case.
Your wrongful death attorney will also design an effective investigation of the facts that led and contributed to the death of the victim. This includes crucial evidence, witness statements, and medical records.
Lastly, your wrongful attorney will officially file the lawsuit that is backed by factual evidence, the value of damages, and a fortified case statement. He or she will represent you in all of their legal capacity to ensure that your pain and suffering do not go in vain.
You Deserve Peace of Mind
The following information was brought to you by the Law Offices of Scott J. Senft. At our practice, we will do everything in our power to ensure that the memory of your loved one is respected and venerated.
With over 23 years of experience in cases like yours, we vow to deliver results to our clients in such a difficult time. Remember, we are with you and are ready to fight for your compensation. Get in contact with us as soon as possible.