A wrongful death lawyer handles civil lawsuits for families who have lost a loved one due to the negligence or wrongful act of another party. In Florida, wrongful death is defined as “when a person’s death is caused by the wrongful act, negligence, default or breach of contract or warranty.” In these cases, the deceased person’s estate may file a civil lawsuit to recover financial compensation from the at-fault party.
In addition to handling these civil lawsuits, wrongful death lawyers often have experience with personal injury cases. At Dolman Law Group, one of our wrongful death attorneys can help your family hold the responsible parties financially accountable for the losses you have suffered. We offer free consultations to discuss your legal options and the legal process in further detail.
Investigating Your Loved One’s Death
The facts involved in wrongful death cases are often murky. People may give conflicting accounts regarding what happened. That may happen because of genuine confusion or misunderstandings. Still, it could also occur when a liable person or entity attempts to cover things up or shift blame to avoid accepting responsibility. A wrongful death attorney can investigate to get to the bottom of what happened.
For example, the National Highway Traffic Safety Administration (NHTSA) reported 33,654 fatal motor vehicle accidents in 2018. If your loved one died in a car crash, a lawyer could review the police report and statements from eyewitnesses or anyone in the car with your relative during the collision. An attorney may discover that a nearby surveillance camera recorded the collision or the moments leading up to or immediately following it. A video may provide crucial evidence that the other driver violated a traffic law or acted recklessly. That information may prove useful when building a wrongful death case.
Another common wrongful death claim could occur if your family member died because of a medical error. Johns Hopkins University found that one in 10 deaths result from medical errors.
A lawyer can review medical records and enlist the help of one or more experts to determine whether the physician who treated your relative met the standard of care. Suppose the investigation reveals that the doctor made an inaccurate diagnosis, prescribed a drug contraindicated for your family member’s condition or had a known allergy to, or made a mistake when performing surgery. That could help the legal team establish that the physician committed medical malpractice. That evidence could also help the team build a claim against the hospital where your family member received treatment.
A Lawyer Can Explain Your Legal Rights
Laws related to wrongful death lawsuits vary from state to state. Depending on where you live, you may not qualify to sue for compensation. Some states limit the right to sue to immediate family members, while others allow distant relatives—and even nonrelatives—to file a wrongful death lawsuit in some circumstances. In other states, family members may not sue at all; only a representative of the deceased person’s estate may file a wrongful death suit. If they collect a financial award, the representative distributes the money to eligible relatives.
States also differ regarding the statute of limitations (the amount of time that plaintiffs have to file a lawsuit). The time frame may be a year or longer, depending on where you live. If you miss the deadline to file a lawsuit, you may forfeit your right to sue, even if you have a legitimate claim. Under some circumstances, the statute of limitations may be tolled (extended). A wrongful death attorney familiar with your state’s laws can explain what you need to know.
An Attorney Can Seek Financial Compensation
A wrongful death lawyer can pursue awards to cover both economic and noneconomic damages. Economic damages might include costs for medical care your family member received before their death, funeral and burial expenses, and the loss of income that your family member would have earned if they had lived.
Noneconomic damages are more difficult to quantify. They could include:
- The pain and suffering your loved one experienced before death
- The loss of love, support, companionship, and affection that survivors received from their relative
- The emotional anguish caused by the wrongful death
Under some circumstances, you might also sue for punitive damages. Those additional damages punish a liable party for particularly egregious behavior and serve as a warning to others not to engage in similar actions.
A lawyer who has experience handling wrongful death cases can look at all the relevant facts and determine a fair amount of compensation for your situation. The attorney can file a lawsuit and attempt to negotiate an out-of-court settlement. While settlements resolve many civil cases, sometimes the parties cannot agree. If that happens, a lawyer may take the case to trial and let a jury decide whether you should receive compensation and, if so, how much.
Contact the Wrongful Death Attorneys at Ben Crump Law, PLLC
Ben Crump Law, PLLC, has a team of lawyers who have helped clients across the United States get through some of the most trying times of their lives. We have represented families in shock following the death of a loved one and obtained financial compensation to help them move forward.
We do everything that a wrongful death lawyer must do to pursue a claim. We can investigate what led to your relative’s death, explain your legal rights, and file a wrongful death lawsuit to seek financial compensation for you and other affected members of your family. Call our office today at (844) 777-4453 to speak with a member of our staff.
Qualifications for Filing a Wrongful Death Claim
One of the most important duties of a wrongful death lawyer is establishing that the surviving family has the legal right to pursue damages in a wrongful death claim against the negligent party. Generally, the decedent must have had the right to bring a personal injury claim if they had survived. When the decedent passes away, the surviving family members acquire the right to bring a wrongful death claim, as explained below. In other words, if the circumstances of the accident would have entitled the decedent to bring a personal injury action had they survived, a wrongful death claim is possible.
A Wrongful Death Attorney Does Not Need to Prove Criminal Behavior to Establish Liability
For example, let’s consider the issue of liability in a fatal Florida car accident involving a drunk driver. According to Florida Highway Safety and Motor Vehicles (FLHSMV), more than 3,000 people lost their lives due to a traffic accident in one recent year, and 10% of these accidents involved a drunk driver.
Legally, driving while impaired is considered negligent conduct. Consciously deciding to drive after using alcohol or drugs is choosing to put others in danger. A death caused by a car accident involving an impaired driver may provide the basis for a wrongful death lawsuit. If a criminal conviction is made, that would likely add credibility to any personal injury lawsuit in civil court.
However, establishing responsibility in a wrongful death case does not require criminal liability on the part of the responsible party. Medical malpractice cases commonly provide for civil liability, even though the physician’s actions are not considered a crime.
For example, a physician may have failed to properly diagnose cancer which delayed treatment and caused the loss of your loved one’s life. The medical personnel’s failure to diagnose cancer is not a criminal act. However, treatment providers may be held civilly responsible for expenses and losses resulting from the patient’s death.
So, What Does a Wrongful Death Lawyer Do?
Although criminal negligence is not a requirement for a wrongful death claim, a wrongful death attorney must be able to prove the responsible person’s behavior was reckless, intentional, or negligent. Then, your attorney must show that the person’s reckless, intentional, or negligent behavior caused your loved one’s death. Lastly, you must also show that you or your family members suffered damages as a result of the death.
Proving the Chain of Causation in a Wrongful Death Claim
To prove a civil lawsuit, a wrongful death attorney must demonstrate the person responsible for the death failed to exercise reasonable care, the lack of care led to the incident that caused the death, and the death resulted in losses. In legal terms, this is known as a chain of causation.
What a Wrongful Death Lawyer Can Do For You at this Time
Losing a loved one due to the negligent or intentional actions of another person or entity is an incredibly painful and devastating experience. In such tragic circumstances, the surviving family members not only have to cope with grief but also face financial and legal challenges. This is where the expertise of a wrongful death lawyer becomes invaluable. Wrongful death lawyers specialize in handling cases where individuals have lost their lives due to the negligence, recklessness, or wrongful acts of others.
Expert Legal Guidance:
Wrongful death cases involve complex legal processes, stringent deadlines, and specific legal requirements. A wrongful death lawyer has the expertise and knowledge of state laws and regulations pertaining to wrongful death claims. They can provide invaluable guidance and explain the legal aspects involved, ensuring that the family understands their rights and options.
Emotional Support:
Dealing with the sudden loss of a loved one is emotionally overwhelming. A compassionate wrongful death lawyer understands the pain and grief that the family is going through and offers a supportive and empathetic approach. They serve as a source of comfort and reassurance during this difficult time, providing guidance and answering any questions or concerns the family may have throughout the legal process.
Thorough Investigation:
Skilled lawyers have the resources and experience to conduct a comprehensive investigation, gather evidence, interview witnesses, and consult with experts in various fields, such as accident reconstruction specialists or medical professionals. Their expertise allows them to build a strong case on behalf of the grieving family.
Negotiation and Settlement:
Wrongful death cases often involve negotiations with insurance companies or responsible parties to reach a fair settlement. An experienced wrongful death lawyer can navigate these negotiations on behalf of the family, ensuring that their rights are protected. They have the skills to assess the value of the claim, negotiate effectively, and advocate for the maximum compensation that covers medical expenses, funeral costs, loss of income, and pain and suffering.
Litigation Representation:
In some cases, a fair settlement cannot be reached through negotiation, and the case may proceed to trial. A wrongful death lawyer is prepared to represent the family in court, presenting a compelling case and advocating for justice on their behalf. They have the experience and courtroom expertise to effectively present evidence, cross-examine witnesses, and argue the case to obtain a favorable outcome.
The benefits of hiring a wrongful death lawyer are invaluable when seeking justice and compensation for the untimely loss of a loved one. From providing expert legal guidance and emotional support to conducting a thorough investigation and advocating for maximum compensation, a wrongful death lawyer serves as a pillar of support during a challenging and distressing time. By entrusting their case to a skilled professional, grieving families can focus on healing while knowing that their legal rights are being protected and that they have a dedicated advocate fighting for justice on their behalf.
What Is Considered a Wrongful Death?
Losing a loved one is a heart-wrenching experience, and when their death is caused by negligence, misconduct, or intentional actions of another party, it becomes a wrongful death. Wrongful death refers to a situation where an individual’s life is prematurely taken due to the wrongful conduct of another person, company, or entity.
Defining Wrongful Death:
Wrongful death occurs when an individual’s life is cut short due to the negligence, recklessness, or intentional wrongdoing of another party. This can encompass a wide range of situations, including but not limited to:
- Accidents: Fatal accidents resulting from car crashes, motorcycle collisions, truck accidents, pedestrian accidents, workplace incidents, or slip and fall accidents caused by someone else’s negligence.
- Medical Malpractice: Deaths caused by medical errors, misdiagnosis, surgical mistakes, medication errors, or other forms of medical negligence or misconduct.
- Product Liability: Fatalities resulting from defective products, including faulty machinery, dangerous drugs, or faulty consumer goods.
- Criminal Acts: Homicides or deaths caused by criminal actions, such as assault, battery, or other intentional acts of violence.
Establishing Liability:
To pursue a wrongful death claim, your attorney will look to demonstrate that the responsible party owed a duty of care to the deceased, that they breached that duty through their actions or negligence, and that this breach directly caused the death. Wrongful death claims can be complex, involving extensive investigation, evidence gathering, and expert testimonies to establish fault.
Importance of Pursuing a Wrongful Death Claim:
Seeking justice through a wrongful death claim serves multiple purposes. Firstly, it holds the responsible party accountable for their actions and ensures that they do not harm others in the future. Secondly, it provides financial compensation to the surviving family members for the losses incurred as a result of the untimely death. This can include medical expenses, funeral costs, loss of income, loss of companionship, and emotional suffering.
Consult with a Wrongful Death Lawyer:
Pursuing a wrongful death claim requires a deep understanding of complex legal processes, statute limitations, and proving liability. A wrongful death lawyer specializes in handling these cases and offers invaluable legal expertise, support, and guidance throughout the legal process. They can help the grieving family understand their rights, navigate the legal system, gather evidence, negotiate with insurance companies, and represent them in court if necessary in a wrongful death lawsuit.
Why Do I Need a Wrongful Death Attorney?
A wrongful death lawyer helps grieving families seek justice and navigate the complex legal process following the untimely death of a loved one. Their primary objective is to advocate for the rights of the surviving family members and hold the responsible parties accountable for their actions.
A wrongful death lawyer is well-versed in the intricacies of wrongful death laws and has the knowledge and expertise to handle all aspects of the case. They provide compassionate support to the family, guiding them through the legal process and ensuring their rights are protected.
The duties of a wrongful death lawyer include conducting a thorough investigation to gather evidence, interviewing witnesses, consulting with experts, and building a strong case to prove liability. They handle all communication with insurance companies, negotiate settlements, and, if necessary, litigate the case in court.
Moreover, a wrongful death lawyer understands the emotional and financial hardships that families face after losing a loved one. They work diligently to secure the maximum compensation possible for the family, taking into account medical expenses, funeral costs, loss of income, and the emotional pain and suffering endured.
By enlisting the services of a skilled wrongful death lawyer, families can focus on healing and grieving while leaving the legal complexities to the professionals. The lawyer serves as an advocate and support system, fighting for justice on behalf of the deceased and their loved ones.