Losing a Loved One to Wrongful Death? Here’s How a Personal Injury Attorney Can Help

Sep 18

5 min read

Wrongful Death in Florida: How a Personal Injury Attorney Can Help

Losing a loved one to an otherwise preventable cause is perhaps one of the most challenging things a person can go through. The impact on you and your family can be immeasurable, and without the help of an experienced personal injury attorney, navigating this loss can feel nearly impossible.

In the state of Florida, those affected by wrongful death can pursue justice against those at fault. Doing so will give you a chance to receive your rightful compensation and find closure.

Here are some key considerations when contacting a personal injury attorney to settle your claim.

Questions to Ask When Filing a Wrongful Death Lawsuit

Handling the financial and emotional consequences of a wrongful death doesn’t come with an instruction manual. Fortunately, a knowledgeable personal injury attorney can help you navigate any legal complexities and set you on the path to compensation for your suffering.

Here are the key questions you should be asking before filing a wrongful death lawsuit:

How Much Time Do I Have to File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit following a devastating loss can feel like an insurmountable task. Processing emotions, making funeral arrangements, and slowly returning to everyday life may take priority following the sudden death of a loved one.

However, waiting too long to file a wrongful death claim can render your case inactionable. In Florida, you have two years from the date of your loved one’s death to file your case.

Who Can File the Wrongful Death Claim?

Filing a wrongful death claim during such an emotionally turbulent time can pose a tremendous strain on loved ones. In Florida, the law requires that a personal representative for the deceased’s estate file a claim on behalf of the family. This person must have been previously chosen as a representative by the deceased. Often, it’s a spouse, parent, child, or other immediate family member of the person who passed.

Who Can Be Sued for the Wrongful Death?

Depending on the cause of wrongful death, a number of parties could be responsible for the claim. The following circumstances include common causes of wrongful death and who can be held accountable:

Medical Malpractice

When medical malpractice results in death, the claimant can pursue a judgment against the care provider, their employer, and anyone at the organization who allowed any life-threatening hazards to slip through the cracks. In medical malpractice, wrongful death can result from various acts of negligence, like incorrect prescriptions or treatment, mistakes during surgery, misdiagnosis, and others.

Death as a Result of a Faulty Product

If a loved one passes away due to a faulty product, the business and product manufacturer can be held liable for any product design flaws that result in death. Cases like these can result from various products, like faulty brakes and airbags and electrical wiring issues in products.

Vehicular-related Deaths

Vehicular-related wrongful deaths can most often occur due to a driver causing a fatal accident due to intoxication, sleep deprivation, or otherwise preventable causes. In such cases, the driver, the establishment, or the individual who served the alcohol can be sued. Or, if the person responsible was on the job at the time, you can sue their employer as well.

What Damages Can I Recover?

The damages recoverable from a wrongful death lawsuit depends heavily on the circumstances. Typically, however, family members or loved ones will receive monetary compensation if they have had to shoulder the burden of significant costs related to death. These could include exorbitant medical bills and funeral costs, as well as a loss of earnings or inheritance.

The emotional distress from wrongful death can be compounded by the resulting financial instability. Though monetary reward can never fill the void, it can help to get you back on your feet again so you can properly grieve your loss.

How Can I Prove the Other Party Was Negligent?

Once you've filed your lawsuit, the next step is ensuring you have a rock-solid case to present to the court – one that proves beyond a shadow of a doubt that the defendant is 100% at fault.

This involves proving the following elements:

● The party or parties you're suing owed your loved one a duty of care.

● This duty of care was not observed by the defendant, which directly resulted in your loved one's death.

● The claimant has suffered (monetarily and emotionally) because of the death.

Of course, proving all four elements will require documented evidence. Your personal injury attorney will gather key pieces of evidence, such as eyewitness testimony, autopsy results, financial and medical records, and pictures of the product or conditions that led to the fatality..

You should note that failing to document evidence right away may negatively affect the outcome of your case. For this reason, it’s best to gather these items as soon as possible so your lawyer can begin strategizing immediately.

Why You Should Hire a Personal Injury Attorney for Wrongful Death

Hiring a personal injury attorney following a wrongful death is one of the most important things you can do to move forward. In doing so, you stand to gain several benefits that will help bring a semblance of rectification to the tragedy.

You Can Focus on Healing Instead of Legal Matters

An experienced attorney will handle all the complex aspects of your case - from evidence gathering to communications with the court. Moreover, knowing someone is there to fight for you and your family’s best interest offers an additional layer of support.

You Can Receive Monetary Compensation and Rebuild Your Life

Unexpected costs, medical bills, and loss of earnings are all highly stressful consequences of a wrongful death. A personal injury attorney will ensure you’re rightfully and adequately compensated for your loss.

You Can Prevent This From Happening to Someone Else

Though wrongful death lawsuits are a civil matter, the monetary loss on behalf of the defendant will deter future behaviors or policies that lead to fatal outcomes.

Malpractice Florida Personal Injury Lawyers Will Provide Legal Support

You may still be wondering whether you have a solid case for filing a wrongful death case. However, when you consult with an attorney, you may find that you’re rightfully entitled to significant damages.

Loutus Law Firm are malpractice and personal injury lawyers in Florida with years of shared experience in this realm. Our knowledgeable lawyers will handle all aspects of your case while keeping you apprised at each step. This includes filing paperwork, hiring experts and investigators, and representing you in court.

Find out whether you have a wrongful death case and schedule a free consultation with our attorneys by calling 772-617-0811. There’s no need to commit right away - simply share your story with us, and we’ll work with you to determine the next steps.

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