Losing a loved one is the most difficult experience in life, especially when it's preventable. Families who lose a member due to avoidable deaths should be aware of their legal rights and options. Having a consultation with a Niceville wrongful death attorney will assist you with your legal rights and the steps to take to file a claim.
This article will discuss all necessary information about the circumstance, what compensation families might get, and how to build a strong case. Scroll down for more details!
Who Can File a Wrongful Death Claim in Florida
Here's how the state's law prescribes who can file a wrongful death claim and who is legal to seek recover financial damages:
- Personal Representative: Only the deceased's personal representative can file, typically designated in the will or appointed by the court if there's no will.
- Family Members: While the personal representative files the claim, certain family members, such as spouses, children, parents, and, in some cases, blood relatives and adoptive siblings, can benefit financially from it.
What You Need to Know About Niceville Wrongful Death Claims
- Circumstances for Claims: Claims can arise from various situations, such as vehicle accidents, defective products, medical malpractice, hazardous work conditions, criminal acts, and more. You may file a claim against the liability for fair compensation. It’s crucial to speak with an experienced lawyer in the relevant area to find out your rights and claiming options.
- Proving the Claim: The same burden of proof applies as it would if the victim brought the case themselves. Remember that in Florida, a wrongful death claim must be filed within two years after the death. The personal representative of the deceased loses their legal right to pursue the claim if they do not file within the allotted two years. The statute begins on the day of the decedent's death, even if they had an injury prior to death. The rule is not applicable if manslaughter or murder was the cause of death. In this case, the personal representative may submit a claim at any time in the future.
- Damages: The Florida Wrongful Death Act mandates that the deceased's personal representative is the sole party responsible for initiating a claim or lawsuit, benefiting the decedent's estate and survivors. The recoverable damages include burial and funeral expenses, medical expenses related to their death, financial injuries, loss of support, and sometimes punitive damages are recoverable.
Types of Compensation Families might Get
Depending on the specifics of the case, families in wrongful death cases may be eligible for a variety of compensation. The following are some typical forms of compensation that families might get:
- Damages for Pain and Suffering: Covers emotional pain and mental anguish experienced by the deceased.
- Loss of Consortium: Awarded to the surviving spouse for loss of companionship and intimacy.
- Loss of Income: Compensation for loss of financial support, including lost wages and benefits.
- Funeral and Burial Expenses: Covers costs of the deceased's funeral, burial, or cremation.
- Medical Expenses: Compensation for costs related to the deceased's injury or illness.
- Punitive Damages: Punish the defendant for reckless or egregious actions.
- Legal Fees: The family may recover attorney fees and court costs for pursuing the claim.
How to Build a Strong Niceville Wrongful Death Case
A thorough preparation, including the steps below, will help you build a strong case.
Documentation and Witnesses
In order to prove wrongful death, evidence, including witness statements, police reports, accident reports, and medical records, should be collected. Finding witnesses, such as bystanders or medical staff, who may provide testimony regarding the circumstances leading up to the death is important. Plus, the physical proof, like pictures, videos, or damaged properties, needs to be preserved to establish who is at fault and how much the level of damage is.
Legal Expertise
It's crucial to contact an expert Niceville wrongful death attorney to navigate the procedure as they have experience and understand the state law, helping you fight for your justice and benefit your compensation.
How Browning Law's Attorney Help in Niceville Wrongful Death Cases
In wrongful death situations, meeting attorneys from Browning Law Firm is essential as we can guide families through the legal process and assist in getting compensation you deserved. We provide them with a realistic picture of their options by evaluating the case's legal merits, reviewing the relevant evidence, and assessing the overall circumstances. In addition, we offer knowledgeable legal counsel outlining the rights, available options, and possible results.
A Niceville wrongful death attorney from Browning Law Firm can handle everything related to submitting the claim, including finishing the necessary documentation and fulfilling deadlines. To support the family's case, we collect and examine pertinent information such as medical records, accident reports, witness accounts, and expert views.
In order to determine responsibility and estimate damages, expert witnesses—such as economists, medical professionals, and accident reconstruction specialists—are called upon to provide expert testimony. Plus, our attorneys represent families in negotiations with insurance companies to secure just compensation for their losses, standing up for their rights and maximizing settlement offers.
We also will evaluate the wrongful death's financial impact on the family, taking into account future financial demands, lost income, burial expenditures, and medical bills. Our team will assist families in realizing the whole scope of their losses and pursuing appropriate recompense.
In order to get a good outcome, a Niceville wrongful death attorney from Browning Law Firm will represents the family in court and negotiates settlements, to make sure you get the compensation you are entitled to and help with any additional steps needed to make the decision enforceable.
Get Justice for your Loved One, Contact Browning Law!
If you're in a tragic situation of losing someone due to avoidable accidents, don't lose hope and contact Browning Law Firm right now. Our professional team can help you file a claim and fight for the justice you deserve.