After suffering the loss of a loved one, it can be hard to overcome grief. If their death, however, occurred in an accident as a result of someone else’s negligence, you might feel that no amount of compensation will ever fill the void. Despite this feeling, a wrongful death lawsuit can act as a punishment for the negligent individual, dissuading further bad behavior and giving you a small amount of respite during your challenging period. A wrongful death lawsuit can be brought on behalf of a victim who is no longer around to take the case to court.
When Should I Pursue A Wrongful Death Lawsuit?
In the state of Florida, wrongful death lawsuits can only be filed by the personal representatives of the deceased individual, often very close family members. If your loved one sustained injuries that would have qualified for a personal injury lawsuit but succumbed to the injuries in the interim, you, as their representative, can file on their behalf.
Many types of deaths might qualify as wrongful for the purposes of a wrongful death case. The most common are:
Car Accidents: Many wrongful death cases involve a death resulting from an automobile accident. Similar to suing for damages, both emotional and physical, in a personal injury lawsuit, a wrongful death case will attempt to reimburse you for any medical bills accumulated during the process of attempted medical care following the car accident.
Medical Malpractice: We go to the doctors to get an expert opinion on our health. Still, sometimes the doctor is negligent in their duties and fails to identify or diagnose a disease, leading to the death of your loved one. Medical malpractice cases also apply if an egregious failure while providing care leads to an individual’s death.
Overall, any accident leading to the death of your beloved family member might be appropriate for a wrongful death case. Our attorneys will help determine your best course of action after gaining an understanding of your situation through an interview.
The Process of Wrongful Death Litigation
A wrongful death lawsuit, similar to a personal injury lawsuit, only aims to provide financial compensation; there is no component of criminal liability. However, there are many instances where negligence or intent to lead to the death of your loved one can also result in criminal charges. In many cases, both of these processes can go forward.
Florida Statutes require that wrongful death lawsuits be brought within two years of the accident which caused the deaths. It may seem difficult to gather your thoughts and go through the process of a lawsuit within a short period of time, but a fast turnaround can improve your chances of winning the case. Witnesses to the accident can provide information, and their reliability is much higher if they can draw upon memories of recent events. When beginning to take up your case, your attorney will reach out to any individuals who might provide valuable insight to your lawsuit.
Other information, such as police records, can be used to prove that the defendant:
- Had a duty of care toward the victim
- Breached their duty of care
- Caused the death through a direct link to their failure of duty
If the jury sides with you, you will receive compensation based on many factors. These can include the pain and suffering of your loved one before death, their funeral and medical expenses, the household income lost, and even the loss of love being suffered by you and your family.
Dealing with death is tough, especially if your loved one was taken from you in an accident out of your control. Pursuing a case shouldn’t be frowned upon; you should receive just compensation for the pain you are going through. Probinsky & Cole are here to help. Call our attorneys today, and let’s discuss your situation and determine the most appropriate way forward.
