Fort Lauderdale Wrongful Death Attorney
Losing a loved one, no matter the circumstances around their death can be an overwhelmingly upsetting experience. Even worse is when you lose a loved one as a result of a wrongful death, which is a legal term for any situation where someone is killed and someone else is responsible for the death. A wrongful death case is a civil case, which is completely separate from any possible criminal cases that may result from this death. A civil case is intended to seek financial compensation for the surviving family members and beneficiaries of the deceased, which is something that a personal injury attorney can help you with.
Wrongful Death FAQ
Read more below to get a better idea about some of the pieces of a wrongful death lawsuit, but please note that the following is intended to be a general information page. In order to get specific help with your case, contact us as soon as possible for a free initial consultation. During your consultation, we will be able to speak directly about your loss and give you a better idea of how we can help you take the right steps towards compensation after this tragedy. We understand that no amount of money will fix this loss, but we want to be sure that you can focus on your family and getting your life back on track without fear of financial insecurity.
Contact us now to schedule your initial consultation. We realize that this is a very stressful and upsetting time in your life, which is why we are ready to work on your behalf as soon as possible and reduce as many stressors for you as possible.
Who Can File Wrongful Death Claims?
There are quite a few different people who have the right to file a wrongful death claim in Fort Lauderdale. The following are generally the relations that commonly file these claims, but if you are in a different situation but believe that you should be able to seek compensation, contact us today for your free initial consultation.
- Immediate family members, such as a spouse, biological and/or adoptive children, and parents of the victim if they were unmarried
- Domestic partners
- Designated beneficiaries
- In certain situations, siblings or grandparents of the victim
Again, if you believe that you are entitled to compensation but your relationship to the deceased is not listed above, contact us now to get specific advice on your rights and options.
When To File a Wrongful Death Claim
There are many different situations where someone can file a wrongful death claim against a responsible party, or their representative insurance company. The following examples are just a few different times when close relatives are eligible to seek compensation in the form of a wrongful death claim, but we will be happy to discuss your situation regardless of whether or not it resembles any of the following examples.
When a patient trusts the wisdom and experience of a medical professional for any number of medical issues, they are within their right to expect a reasonable duty of care for their situation, meaning that the medical professional will take the necessary steps to minimize the risk of further harm. This applies in a wide range of instances, such as surgery and possible surgical errors, prescribing accidents, improper diagnoses or a failure to diagnose a serious illness, and more.
If this failure ends up causing fatal harm to the patient, then the surviving family may be able to seek compensation from the medical professional or facility who was responsible for the death of their loved one in the form of a medical malpractice suit.
Negligence or Recklessness
In cases such as fatal car accidents, slip and fall deaths, or any other death that results in someone acting recklessly or negligently, the surviving family members are able to seek compensation from the party responsible for their loved one’s death. In the event of a car accident, it is likely that the beneficiaries will seek compensation from the driver’s insurance company, but in many other instances, they may be dealing directly with the defendant or their legal representatives.
Murder and manslaughter are both criminal affairs, but there are often opportunities for the victim’s family to seek financial compensation as well. However, the murderer’s ability to pay the settlement amount awarded to the victim depends on their financial circumstances, so an award for $1 million does not mean anything if the defendant does not have the money to pay. This can often be a complicated situation, so it is important that you partner with a wrongful death attorney as soon as possible to build a strong case and identify all possible options to seek compensation.
Seeking Compensation With a Wrongful Death Claim
Determining the damage amounts in a wrongful death claim is a similar process as any personal injury case, except there are a few additional factors that are considered. As with any other personal injury claim, damages are separated into economic and non-economic damages in order to clearly separate the types of impacts that the accident and resulting death has on both the deceased and their surviving family members. In some cases, a judge or jury may additionally award punitive damages at the end of a trial, but since these amounts can not be requested or argued for by your attorney, they are not included below.
Economic damages are the basis of these types of cases, and they include measurable financial expenses and losses including any medical treatment that the deceased was given before their time of death. In addition, economic damages will calculate the financial impact of the deceased’s income and the financial support they provided to the survivors. There are many other factors that go into a complete economic damage package as well, but these are the most common.
Non-economic damages are more complicated to calculate than economic damages because they are applied to abstract concepts and immeasurably impacts such as emotional and psychological damages. A personal injury case seeks compensation for things like the pain and suffering of the injuries a victim endured after the accident, and while the deceased’s pain and suffering may be included, these damages to further to include loss of companionship and loss of emotional support.
We will work to develop a comprehensive list of damages and associated costs in order to get you the money that you rightfully deserve after this traumatic and upsetting experience. Contact us as soon as possible to get started on your case today.