When a loved one dies because of another person’s negligence, the surviving family members may pursue financial compensation through a wrongful death lawsuit.
The surviving family must prove three things to bring a successful wrongful death claim. These include proving the defendant’s legal responsibility, proving your damages, and proving causation.
Damages
If your loved one died because of another person’s negligence, you might be eligible to sue for damages. These can include both economic and noneconomic losses.
For example, if the decedent provided financial support, you may recover those expenses. You also might be entitled to compensation for intangible losses like pain and suffering.
However, monetary awards are not enough to fully compensate you for losing your loved one’s life. You must also prove that the defendant’s conduct caused your damages (called “causation”).
In addition to monetary compensation, wrongful death lawsuits may seek punitive damages from the at-fault party if they are found to have acted with malicious intent or gross negligence. If this is the case, the jury will award an amount designed to punish the defendant. Suppose you’re residing in Florida and you’re a surviving family member. In that case, you must speak with an experienced wrongful death attorney tampa fl, who can help you obtain the compensation you need after losing your loved one.
The Decedent’s Family
The decedent’s family can file a wrongful death lawsuit in many states. These claims are made to help the surviving family members get justice and financial compensation for their losses.
In addition to monetary damages, successful wrongful death cases also deter others from engaging in similar acts that might risk other people’s lives.
The decedent’s estate is a collection of assets, debts, and trusts that must be distributed to their family members and heirs. The administration and distribution of this property are the responsibility of a personal representative or executor.
The decedent’s immediate family (spouse, children, parents) are typically prioritized to receive compensation in a wrongful death suit. Other family members might also be qualified to submit a claim; however, consult the law in your state for more information.
Statute of Limitations
Medical costs, lost wages, and other damages brought on by a loved one’s untimely death may be covered by a wrongful death lawsuit. It can also help with grief and the overwhelmed of knowing that someone else’s actions led to a loved one’s untimely death.
Wrongful death cases have a statute of limitations that must be complied with to bring a claim. This deadline is meant to give victims reasonable time to collect evidence and pursue justice.
However, you must complete this deadline to avoid losing the case. The law is a tough place to live, and it can be difficult to get justice when a lawsuit is filed too late.
Fortunately, some states have special provisions to allow claims to be filed after a specific period. This is known as a “tolling” of the statute of limitations.
Choosing a Wrongful Death Lawyer
Choosing the right wrongful death lawyer is an essential part of the process. The attorney you choose can make the difference between winning your case and settling it out of court.
First, picking a lawyer with direct experience handling wrongful death cases is essential. You can ask family members, friends and even strangers online if they have good experience working with a particular attorney.
Second, find out if the attorney works on a contingency fee basis. They are only compensated if you prevail in court and are awarded damages.
Third, look for a lawyer with compassion. They need to understand the emotional turmoil their family is going through.
Finally, selecting a wrongful death lawyer who can effectively communicate with you and the other parties involved in your case is vital. They will need to explain your rights and what you can expect from the legal process.