There are few things more painful than losing a loved one. Unfortunately, those feelings become even stronger when we know that a relative’s death was the fault of another person. You have options. A car accident wrongful death lawyer can help your family recover damages against a driver who causes the death of a loved one.
What is a wrongful death?
Wrongful death occurs when one individual’s wrongful act or negligence results in the death of another individual. To determine whether or not you have a wrongful death claim, you can ask yourself the following question – “Had the victim not died, could he or she have filed a personal injury claim due to the defendant’s actions?”
If the answer is yes, then the victim’s family can likely bring forward a wrongful death lawsuit.
What is a wrongful death lawsuit?
A wrongful death lawsuit occurs in civil court. Thus, it does not attempt to convict a defendant for a crime of murder or homicide. Instead, the purpose of a wrongful death suit is to provide compensation for the deceased’s relatives.
Relatives can recover several different damages from wrongful death cases in Florida. The main purpose of filing a wrongful death suit is to compensate surviving family members for their losses. This can include the cost of medical bills or funeral costs for the deceased.
Additionally, wrongful death suits might provide family members with estimated earnings that the deceased would have brought in during a natural lifetime.
Can anyone file a wrongful death claim?
Every state has different laws addressing who can file a wrongful death claim. In Florida, an attorney starts the claim and lists a family representative. This representative is either court-appointed or listed on the deceased’s estate plan. The representative lists all surviving relatives such as a spouse, children, and parents and files the claim.
Those who have an interest in this lawsuit are usually entitled to more damages than other dependents, who usually file after the immediate family. This can include any relative that the deceased supports financially and even some non-blood relatives that are dependents.
How much time do I have to file my wrongful death claim?
You have two years from the time of death to file a wrongful death claim in Florida. This might seem like a long time, but settling the suit can take months or even years. It all depends on the experience of your legal team, how much you’re willing to accept from an insurance company, and how much investigating is necessary.
Why should you work with a car accident wrongful death attorney?
Car accidents and wrongful death cases are complex on their own. However, not every attorney has the training necessary for investigating and litigating cases that involve both car accidents and wrongful death.
Wrongful deaths require investigation, negotiations, and an understanding of economic loss. If you have a challenging time determining how much a family member should receive for the damages they are suffering because of the wrongful death, work with an attorney.
What details could change the value of my wrongful death claim?
In a wrongful death case, the value that your family receives will depend on several factors, including:
- How much the defendant is found to be at fault.
- The age of the deceased and how long he or she would have naturally continued working.
- Job and profession outlook for the deceased, based on their experience, education, and skills.
These are just a few factors that can change how much an insurance company pays you for a wrongful death. As you can tell, these calculations can be complex, which is why it’s best to work with an experienced wrongful death attorney.
Why should I work with a car accident wrongful death lawyer?
If you believe that another driver was at fault for the loss of your relative, it is important to discuss your case with experienced wrongful death attorneys.
At Lytal, Reiter, Smith, Ivey & Fronrath, our team will provide the support you need. It can be a stressful and challenging event, but we can guide you through the process. Contact us by phone at (561) 655-1990 or use the live chat function to schedule your free case consultation today.
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