Losing a loved one in an accident because of another person is devastating. Suddenly, the person you loved and depended on is gone. What should you do? After the initial shock wears off and you make arrangements, contact a wrongful death attorney to learn your legal options.
You can file a wrongful death lawsuit to compensate for your economic and non-economic losses. However, filing your claim within your state’s statute of limitations is vital. Speak to a New Port Richey wrongful death attorney today about your case and learn your state’s deadline for filing a claim. Time is always of the essence when filing a wrongful death claim, so speak to an attorney promptly.
Common Causes Of Wrongful Death Claims
Wrongful death claims arise in many situations. Some of the most common causes are:
Auto Accidents
Auto accidents are one of the most common reasons for wrongful death claims in most states, including Florida. More than 40,000 people die annually in auto accidents in the US, and many of them involve wrongful death. A wrongful death lawyer should review your case to determine if someone’s negligence caused your loved one’s death.
Pedestrian and Bicycle Accidents
Pedestrian and bicycle accidents are common throughout the country. Drivers may be distracted or not see bikers and pedestrians, leading to severe and fatal accidents. These accidents often result in life-changing injuries, and victims may be entitled to compensation for their medical expenses, lost income, and pain and suffering.
Medical Malpractice
Medical malpractice lawsuits occur when a doctor or medical facility fails to uphold the standard of care. Surgical mistakes, birth injuries, misdiagnoses, and undiagnosed medical conditions can lead to a patient’s death, which may trigger a wrongful death lawsuit.
Hazardous Products
Products on the US market are supposed to be safe. However, a manufacturer or designer may make a product that causes a severe or fatal injury. A wrongful death attorney can review the case to find out if the product was used per the directions and caused your loved one’s death.
Workplace Accidents
A workplace accident can lead to a wrongful death lawsuit in some situations. Workers’ compensation covers many wrongful death incidents. However, a wrongful death lawsuit may be appropriate if a third-party company’s negligence contributed to the accident.
Assault And Murder
Unfortunately, some wrongful death claims involve deliberate actions, such as assault or murder. You can sue the defendant for wrongful death if their intentional action led to the person’s death.
The defendant can face criminal charges for the incident, but that case remains separate from a wrongful death claim. A wrongful death claim focuses on compensating the surviving family members for their losses, while the criminal case addresses punishment for the defendant’s actions.
What Must Be Proven In A Wrongful Death Claim?
Your wrongful death attorney must prove the following for you to receive compensation:
- The defendant engaged in tortious conduct: Their intentional, negligent, or reckless action allows for a claim for damages under contract or personal injury law.
- The victim has a right to sue the defendant. If the person had lived, they may have been eligible to file a personal injury lawsuit.
- The claim identifies a personal representative of the person’s estate and eligible family members.
- Causation and damages: The defendant’s behavior led to financial and personal injuries to the estate and the eligible family members.
Possible Damages In A Wrongful Death Claim
Every state has outlined damages that the family can receive in a wrongful death claim or lawsuit. In Florida, potential damages are for:
- Funeral and medical expenses: Any member of your family who paid for the decedent’s medical and funeral costs can usually recover those expenses in the claim. If the deceased’s estate paid these expenses, the estate can usually recover the loss, too.
- The person may have lost earnings in the future. Future lost earnings may include their salary for their remaining work years and pension benefits that they might have earned.
- Loss of value of the estate: The person’s estate may recover the lost value of income and investments that may have grown if the person had lived.
- Mental anguish: Your family may be entitled to compensation for your emotional and mental anguish related to the death.
- Loss of support and services: Every surviving family member may be eligible to recover compensation for the decedent’s past and future contributions. These can include property, money, and the person’s labor around the home and family.
A wrongful death attorney can retain various professionals to prove the extent of your and your family’s losses. For example, we may hire occupational specialists and economists to estimate the value of your loved one’s remaining work years. The settlement should reflect this if they had 30 years to work before retirement. If the person had already retired, the settlement amount can be less.
Your attorney may talk to your close family to understand the mental anguish and emotional strain from the loss. This can be useful to insurance settlement negotiations. For example, if the deceased had minor children, the mental and emotional losses can be more significant than if the person had no children.
How Much Is A Wrongful Death Claim Worth?
Calculating a person’s life value is difficult, but that’s part of the wrongful death claim process. Several factors will influence how much the surviving family receives:
Age Of The Decedent
Your loved one’s age will influence the size of the settlement. The longer the person has to live, the more economic and non-economic damages the family suffers. So, a 35-year-old man’s case may be worth more than a person who was 70 years old.
Income
The amount of money the decedent made when they died will influence the settlement. Someone making $200,000 annually will have a higher case value than someone earning $40,000 yearly.
Also, a factor is how much the decedent may have earned if they had lived. Your wrongful death lawyer may retain an economist or financial professional to estimate your loved one’s future earning power.
Funeral And Burial Expenses
The settlement will reimburse the cost of burying your loved one and holding a funeral.
Mental Anguish
The mental and emotional anguish from the loss of your relative will be considerable. Someone with young children may receive a higher settlement than someone without children. Your attorney may have psychologists talk to your family members about how the loss affects them.
Medical Expenses
Your relative may have spent days or weeks in the hospital after the incident or accident. You or the estate should receive reimbursement for those expenses. Compensation for these expenses will be lower if the person dies immediately.
Pain And Suffering
Some deaths are excruciating. Others are sudden and involve less pain. If your loved one suffered a lot before they died, your settlement may be higher. A medical professional may provide testimony about the degree of pain and suffering before the person passes.
Who Can File A Wrongful Death Claim?
Various parties can bring a wrongful death claim, varying by state. For instance, a personal representative of the decedent’s estate must file the case in Florida. The deceased’s will or estate plan often names the personal representative. If not, the court will determine who the estate’s representative will be.
A wrongful death lawsuit in Florida and many states file the claim under the estate of the deceased and for close family members. The estate’s representative must list names from the estate that have a stake in the wrongful death claim.
These family members can obtain damages in a Florida wrongful death claim. Talk to your attorney about who is eligible for damages in other states:
- Spouse, parents, or children
- Blood relatives
- Adopted siblings
- Adult children, if there is no spouse
- Parents of minors
Speak to a personal injury attorney today to learn if you are eligible to file a wrongful death claim.
What Is Your State’s Wrongful Death Statute Of Limitations?
Every state has a different deadline for filing personal injury and wrongful death claims. In Florida, for example, you have two years from the date of death to file your claim. This means that you have only two years after you lose your loved one to sue for damages. If you miss the deadline, you cannot obtain compensation.
Ensure that you speak promptly to a wrongful death attorney. You want to give your attorney ample time to research the case and prove negligence and damages.
How Can A Wrongful Death Attorney Help?
Dealing with the devastating loss of your loved one while dealing with legal issues is overwhelming. It may be tempting to forget about justice because you are so stressed over the loss of your loved one.
However, consulting a personal injury lawyer can alleviate some of your stress and anxiety. A wrongful death attorney can lift the burden of legal matters from your shoulders and help in the following ways:
- Offer a free consultation in your case and determine if another person’s conduct or negligence led to the person’s death.
- File all needed documents and paperwork on time as required by the laws of your state.
- Investigate the accident independently and collect evidence to prove wrongdoing.
- Determine how much compensation your family should receive for their losses.
- Aggressively negotiate with the insurance company for a settlement.
- Prepare the case for trial if you cannot settle.
Hiring a wrongful death attorney will save you time and money. Doing so also offers peace of mind and a sense of justice in a terrible situation.
How Is A Wrongful Death Claim Paid?
Many state laws, including in Florida, say that compensation from a jury award or settlement has to be distributed equally among the beneficiaries. If the beneficiaries agree on how to allocate the money, the judge will honor their decision. However, there are special cases where the court may get involved:
- There are liens against the estate. Those funds will come from the portion of the wrongful death settlement allocated to the estate, not from the beneficiaries.
- In many states, a guardian can allocate how funds are disbursed to a minor child until they reach adulthood.
- Dependent adults get the same preference as minor children if they are utterly dependent on the decedent to live. This may be the case for someone with a mental or physical disability.
- The estate and survivor awards usually deduct legal fees.
If the deceased’s representative is their spouse, the court can appoint the administrator ad litem. This will ensure a fair distribution of the funds.
How Long To Settle A Wrongful Death Claim?
It’s challenging to move forward when dealing with the loss of your loved one. It’s even more complicated when the wrongful death claim is lingering for a long time. So, it’s understandable to wonder how long the claim will take.
Many wrongful death claims are settled within six months to two years. However, the case can take longer if complicating factors exist and a trial is required. Getting a court date can extend the timeline by several months, and there may be retrials and appeals.
However, some wrongful death cases can be fairly straightforward. For example, suppose a drunk driver hit and killed your relative in a crosswalk. It may be easy to prove that the person caused your loved one’s death. There were witnesses and surveillance video of the accident.
The liable party’s insurance company will likely want to avoid going to trial because a jury will have little sympathy for the defendant. The insurance adjuster may offer a fair settlement to avoid paying more in court.
Speak To A Wrongful Death Attorney Today
Did you lose a loved one because of someone’s negligence? Retain a wrongful death attorney now to maximize compensation for your pain and suffering and lost income. An attorney will negotiate with the liable insurance company and take the case to court if needed. Your personal injury lawyer only gets paid if they obtain compensation in your case. Your family will not pay upfront legal expenses, so it’s always worthwhile to have an attorney review your claim.
