What You Should Know About Wrongful Death Claims In Florida
If you have recently lost a loved one due to the negligence of another, you want to consider contacting a wrongful death attorney in Florida. While it is already an overwhelming event, this is compounded with the fact that some will find themselves having to fight for their right to compensation following the untimely death of their loved ones.
Experienced and Professional Attorney
Many have heard the term wrongful death, but not many know exactly what it means. Wrongful death attorneys are very familiar with this type of legal claim. They can provide family members with the information they need to seek compensation for damages, including loss of consortium, loss of support, and loss of financial support.
How a Wrongful Death Claim Works
When you file a claim for wrongful death, it is filed against the defendant that caused the person's death through negligence or another intentional action. A wrongful death claim can happen after a person is killed as the result of a wrongful action, including being intentionally killed, when a victim dies due to a misdiagnosis, or because of a car accident involving negligence.
Proving Your Claim
To hold someone liable in a wrongful death claim, you must provide proof of the claim. You have to meet the same burden of proof that the victim would have had to prove had they lived. To do this, you must prove that the defendant owed the victim a duty of care. If they breached this duty and it caused the death, then the family can seek compensation.
Filing a Claim
So, who can file a wrongful death claim? A representative of the deceased victim's estate or the survivors of the victim may be able to file a wrongful death claim. However, this can vary from state to state. In all states, however, the spouse can file on behalf of the deceased, along with the parents of minors.
Wrongful Death Damages
Some of the damages a family can receive compensation for include the pain and suffering of the victim before their death (also known as a survival claim), medical treatment expenses, funeral and burial costs, loss of the victim's expected income, loss of any inheritance, loss of the value of services the victim would have otherwise provided, the loss of care and guidance, loss of love and companionship, and the loss of consortium.
The average settlement for a wrongful death lawsuit is between $500,000 and $1 million. The amount of compensation, however, does depend on the circumstances surrounding the case, so this amount could be more or less than the average, depending on other factors.
Settlement Pay Out
Wrongful death settlements are often paid one out of two ways. One is through a structured settlement, and the other is through a lump sum payout. When the case settles out of court, it is common for the plaintiff to receive a lump sum payment. The family will receive the full payment for damages.
With a structured settlement, the damages are dispersed through ongoing payments being made to the family members. It provides continuous support to the family through monthly payments for a longer period of time. However, because they are monthly payments, it is more difficult to pay off larger debts at one time, like you could with a lump sum payment.
Before filing your wrongful death claim, contact an experienced attorney to discuss your case and see what kind of compensation your family may be entitled to. They can lead you through the process from start to finish and help you along the way.