Understanding Wrongful Death Lawsuits

Understanding Wrongful Death LawsuitsIt's true that Florida is home to many of the country's accidents – after all, the sheer number of people who live in the state combined with the millions who visit annually mean that accidents are inevitable. Luckily, many of these accidents are fairly minor. But when serious traffic accidents occur and lead to death, families can often struggle to pick up the pieces and move on after losing their loved ones.

That's where wrongful death lawsuits come in. These aren't just frivolous legal proceedings – wrongful death lawsuits serve several purposes:

  • • They can help pay for the medical bills and memorial arrangements of the loved one

  • • They can help replace lost wages that occur when a loved one is lost

  • • They can help families find closure by providing some semblance of justice

  • • They can help alleviate some measure of stress that is present after a death

Nothing will bring a loved one back, but a wrongful death lawsuit can help make it easier to adjust to life after losing them by removing some of the financial hardships that can occur. As a result, finding a wrongful death attorney to help you after losing a loved one is important. But first, you need to understand a few key things about wrongful death lawsuits.

Under Florida law, wrongful death is defined as any death caused by negligence, recklessness, a breach of contract, or a wrongful act. This can cover a lot of ground, and while motor vehicle accidents are among the most common sources for these lawsuits they can occur with slip and fall injuries, workplace injuries, and many other types of accidents.

The key is to show that the party responsible for the death could have prevented it but chose not to. Recklessness and negligence are the two main ways to do this – for instance, if an employer knows that a work environment is unsafe but forces an employee to work in it anyway – without that employee fully understanding the risks – a case may be present. A drunk driver who kills another person in an accident is another good example of this. Even something as seemingly simple as speeding could be proven to be cause for a wrongful death.

At its core, your wrongful death case will involve your attorney showing the courts that the other party's actions directly led to the death, and that the fatality could have been avoided. It sounds simple, and in theory it is, but it can be much more complex than you might think at first glance and as such it's always a good idea to focus on finding a good attorney if you think you have the grounds for a lawsuit.

Another thing to keep in mind is the way that damages are awarded. Damages, or the compensation that loved ones could receive, are based on a few things:

  • • Medical bills related to the accident

  • • Funeral expenses

  • • Missed wages

  • • And more

In many cases courts will also look at future lost wages – the potential income that a loved one would have brought to the family had they lived. Since those lost wages can place families in difficult hardships, wrongful death settlements often include them and can reach substantial numbers.

There's nothing to be ashamed about when it comes to seeking wrongful death compensation. In fact, it's a key part of moving on for many people due to the fact that it can alleviate many financial stresses after losing a loved one. If you've recently lost someone due to an accident that wasn't their fault, you might be entitled to financial compensation. Contact our law offices to find out more about your rights and whether or not you have a case.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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