What is Wrongful Death?
“Wrongful death” is just a legal term for describing a death that should not have happened to someone. When someone or something causes a death of another person (or multiple people) un-expectantly, and it can be proven that the death would have been avoided if not for an unavoidable cause, then that would be considered wrongful death.
Is a Wrongful Death claim the same as a lawsuit?
Technically, a wrongful death claim comes before the wrongful death lawsuit, but not always. For example, if we know that the defendant insurance company is going to challenge liability – meaning, they defend their client by claiming they are not at fault – then we may try to work through the case without filing a lawsuit. But, if our attorneys feel that liability is clear, we will file a lawsuit quickly.
Who is entitled to make a claim for Wrongful Death?
The laws of Florida are clear that a claim against a Defendant in a Wrongful Death accident must be brought forward by an eligible dependent, beginning with the surviving spouse and surviving minor children. If neither exist, then the parents of a minor or adult victim have a claim, and if there is no spouse, children, or parents, then a sibling may make a claim.
What is a Negligent Security lawsuit?
The laws of Florida are clear that a claim against a Defendant in a Wrongful Death accident must be brought forward by an eligible dependent, beginning with the surviving spouse and surviving minor children. If neither exist, then the parents of a minor or adult victim have a claim, and if there is no spouse, children, or parents, then a sibling may make a claim.
What is a Wrongful Death claim?
A wrongful death claim is when our attorneys formally notify the defendant’s insurance company that we are seeking compensation on behalf of the family. A wrongful death claim is the process of drafting legal letters and documents that are then processed by the insurance company.
Can any death be a Wrongful Death claim?
We all have certain rights as individuals under the law, and in Florida, we have the right to pursue the person or persons (or company, or entity) that we believe to be liable for the death of a loved one. As lawyers, we sue for what we call “damages” – these are the ways in which we were negatively harmed by the death of a loved one.
Commonly, damages include lost wages since the incident, and future loss of income and wages. Very often our clients are the surviving spouses who depended on the victim for the majority of the household income.
We can also sue to help recover compensation to cover any cost of hospitalization or medical treatment the victim may have undergone.
Further, we can sue for damages related to continued pain and suffering.
While it’s true that money cannot bring back a loved one, what it can do is help the family close a devastating chapter in their lives, and create a brighter future in the wake of tragic and tremendous loss.
What is a Sexual Assault lawsuit?
Not necessarily. Often, wrongful death cases involve some sort of “accident”. If there’s a perceived accident having taken place, then you should call our attorneys for a consultation. Anytime a car, truck, bicycle, motorcycle, ATV, boating, or aviation crass or mishap occurs, and it results in the death of someone, that is a clear wrongful death claim. Also, patients who die in nursing homes or hospitals may have a wrongful death claim.
