How Can a Lawyer Assist Florida Families With Wrongful Death Claims?

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

No amount of money can erase, or even substantially ease, the pain of losing a loved one, especially to an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase the affected family’s difficulties tenfold. 

A wrongful death lawsuit can provide a family with much-needed funds at a difficult time, especially when it has so many other issues with which to be concerned. These lawsuits may also help uncover the truth when it is unclear how a loved one died and may even prevent the guilty party from harming some other family in the future.

An understanding and compassionate wrongful death attorney in Florida will guide your family through the entire process of filing a wrongful death claim in court to recover appropriate damages for a loved one’s catastrophic injuries and death. Although fighting in court may not be your primary concern at the time, it is imperative for your family to file a claim within Florida’s statute of limitations. This is only a portion of what we can do for families.  

What is a Wrongful Death Claim?

Wrongful death can occur when a responsible person or business violates its duty of care to an individual, resulting in that person’s death. For example, drunk drivers violate their duty of care to their victims when they drive while impaired and cause an accident that kills someone — an action for which they should be held accountable.

Many types of accidents can be the cause of a wrongful death lawsuit, including:

  • Vehicle accidents, including impaired or distracted driving or manufacturing defects,
  • Public transit accidents,
  • Truck accidents,
  • Boating accidents,
  • Product liability,
  • Premise liability,
  • Medical malpractice,
  • Dangerous drugs,
  • Construction accidents, and
  • Dog attacks, to name a few.

How is a Wrongful Death Lawsuit Filed in Florida?

A wrongful death claim is filed by the personal representative administering the estate of a deceased loved one. The claim is generally based on an underlying personal injury claim, such as those listed above. Therefore, the family must prove all elements of an accident and the relationship between the accident and the fatality. For example, suppose a careless driver killed a loved one. In that case, the lawyer must present evidence related to the auto accident and demonstrate that the injuries resulted in the loved one’s death.

After recovering damages from the defendant, the estate distributes the compensation to the deceased’s beneficiaries. A wrongful death lawyer in Florida will assist the personal representative through the process of litigating the case and collecting on the judgment.

The aftermath of an accident is just as important as the accident itself. If you have been involved in an accident with a car, truck, or boat, and a loved one has died due to the accident, contact our wrongful death attorney in Florida as soon as possible for help with your claims. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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