How a Wrongful Death Attorney Can Support You During Tough Times
Losing a loved one is one of the most challenging experiences anyone can face, especially when that loss is due to someone else’s wrongful actions. In such difficult times, a wrongful death attorney can provide the necessary support and guidance to help you manage the situation and secure justice.
If this is your situation, do not hesitate to consult with a trusted wrongful death attorney in Florida for legal assistance. They will help you deal with not only the legal process but also in finding some semblance of solace.
If you are wondering how a wrongful death lawyer can be of help following the death of a loved one, keep reading and never hesitate to schedule your free consultation.
What is Wrongful Death?
Wrongful death arises in the event that someone loses their life due to another party’s negligent or intentional actions. This legal concept allows surviving family members to pursue compensation for their losses. In Florida, wrongful death is governed by specific statutes outlined in Florida Statutes Chapter 768.21.
In Florida, common situations leading to wrongful death include:
- Medical malpractice. Errors in diagnosis, treatment, or surgical procedures.
- Car accidents. Caused by reckless driving practices such as failure to follow traffic rules or drunk driving.
- Workplace accidents. Especially in high-risk industries like construction.
- Defective products. Malfunctioning or unsafe products that cause fatal injuries.
- Criminal acts. Homicide or other intentional acts of violence.
The Role of a Wrongful Death Attorney
Managing a wrongful death claim involves numerous legal procedures and considerations. Alongside the grief of losing a loved one, it can be overwhelming to figure things out on your own without legal support. A wrongful death attorney will ensure your case is handled with diligence and address the unique needs of your situation.
Building Your Claim
To succeed in a wrongful death claim, you must put together enough facts to support your claim. A wrongful death attorney investigates the circumstances surrounding the death to identify the liable parties. You must establish that negligence occurred and was the direct cause of the death. This may involve collecting substantial evidence and even consulting with various experts to help build a robust claim.
Observing Timeliness
Just like in personal injury cases, wrongful death claims are also subject to the statute of limitations. In Florida, the timeframe for filing a wrongful death claim is two years after the death. This means that if you do not observe timelines and file your lawsuit within this time, you may forgo the right to seek justice.
Fortunately, having a lawyer manage your claim ensures that all necessary documentation is submitted on time. They understand the statute of limitations regarding wrongful death and can help avoid procedural mishaps or delays that could jeopardize your case.
Seeking Fair Compensation
Compensation in wrongful death denotes financial recovery that considers the multi-dimensional effect of losing a close relative. The surviving family may experience the following:
- Loss of a cherished presence of a loved one
- Lack of daily contributions
- Financial instability
- Loss of intimacy and affection
- Emotional pain and suffering
In addition to wrongful death benefits such as funeral and burial expenses, your attorney will make sure that the compensation covers all relevant effects of the loss. They will evaluate the burden of your loved one’s passing to build a winning wrongful death claim.
Advice on Claim Procedures
Understanding who can file a wrongful death claim in Florida is critical. First, the decedent’s personal representative files the claim on behalf of the estate and surviving family members.
Also, the representative has to list the surviving family members who have an interest in the claim. These members often include:
- Spouse to the deceased
- Children of the deceased – note that those under 25 secure higher damages than grown-up children
- Children born out of wedlock
- Parents of the deceased
- Dependents of the deceased, including blood relatives and adopted siblings.
Your attorney will guide you through this process and ensure your claim complies with the Florida Wrongful Death Act.
Secure Justice with Compassionate Wrongful Death Attorney Today
Before filing a wrongful death claim in Florida, you must first establish that it qualifies as wrongful death. Also, you must be eligible to file the claim based on your relationship with the deceased. Simply, wrongful death claims are quite complex, which is why it is important to consult with a wrongful death attorney in Florida.
At the Law Offices of Marc L. Shapiro, P.A., we are committed to guiding families to pursue justice and hold responsible people liable. Contact us today at 239-356-6662 to schedule a consultation.
