Jupiter Wrongful Death Lawyer
You’re no doubt horrified to think about a loved one being hurt in an accident, but it’s even more tragic when someone close to you is killed under such circumstances. Unfortunately, almost 210,000 individuals suffer fatal injures in accidents every year according to the US Centers for Disease Control and Prevention. For surviving family members, the consequences can be devastating due to the void left behind by the victim’s death.
While legal action cannot bring back a loved one, you might gain some comfort knowing that Florida law does provide you with remedies. It’s possible to seek compensation through a wrongful death claim, though the process can be challenging. Our team at Smith & Ball Injury Law is prepared to tackle the complexities, so please contact us to schedule a free consultation with a Jupiter wrongful death lawyer. Some background information may also be helpful.
Legal Basis for Wrongful Death Claims
As a type of personal injury case, most wrongful death actions are based upon negligence. You must prove that the responsible party directly caused the accident through a breach of the duty to exercise reasonable care. The difference is that the victim died instead of being injured, so family members step into that person’s shoes to recover compensation. Wrongful death claims may arise out of:
- Car, truck, and motorcycle crashes;
- Pedestrian and bicycle accidents;
- Dangerous, defective products;
- Medical malpractice;
- Slip and fall accidents; and,
- Many other incidents that occur because of negligence.
How Wrongful Death Claims Work
The basic legal process is similar to personal injury claims in the sense that your first step is filing an insurance claim. If the insurer refuses to settle for a fair amount, you may need to take your case to court. Our attorneys at Smith & Ball Injury Law will help you navigate the legal process, but there are some points you should note about wrongful death cases.
- A wrongful death case can only be filed by the decedent’s personal representative, which may be someone named in a will or appointed by a probate court.
- The statute of limitations in a wrongful death case is two years, which is much shorter than the four-year statute in other personal injury matters.
- Monetary damages are intended to compensate surviving family members, including a spouse, children, and parents. Other relatives may recover under Florida’s wrongful death statute if they were dependent upon the decedent for support.
- There are many types of damages available as compensation for surviving family members who lost a loved one. They include lost earnings and financial contribution of the decedent, as well as losses related to companionship, education, guidance, and emotional support.
- In addition, the personal representative in a wrongful death case can sue to recover amounts for the victim’s final medical treatment, funeral, and burial expenses.
Consult with a Jupiter, FL Wrongful Death Lawyer About Your Options
For more information on your rights as a surviving family member, please contact Smith & Ball Injury Law at 561.500.HELP (4357) or visit our firm website. We can schedule a no-cost consultation to review your circumstances and explain the details about wrongful death claims in Florida.