Healing And Moving On After A Wrongful Death
Losing a loved one is one of the most difficult things that anyone can go through. And when your loss is caused by the reckless, negligent actions of someone else, it's even more frustrating. Not only will you be left with an emotional void, but things like your finances can be negatively impacted as well. Our lawyers understand your pain, and we fight to get you the compensation that you deserve so you can stop worrying about money and focus on grieving and moving on.
If the death of your loved one was caused through the negligent or reckless actions of someone else, you may have the right to file a personal injury lawsuit and get compensation. This can help you stabilize your financial future, find some measure of peace, and pick up the pieces of your life in the face of loss. We fight to make sure those responsible for your loved one's death pay for their actions.
Just What Is A Wrongful Death Lawsuit?
As its name suggests, a wrongful death lawsuit is a legal action taken by those left behind after the death of a loved one.
These types of personal injury claims are essentially made on the behalf of the deceased, and the focus is on a number of things including:
- Providing those who are financially dependent upon the deceased with assistance with the loss of income the death creates.
- Helping provide those who have lost a loved one with the ability to grieve, heal, and pick up the pieces after losing someone close to them. A wrongful death lawsuit will compensate family members for the loss of companionship and guidance the deceased could have provided.
- A lawsuit can also help provide a sense of closure and justice for those who are left behind, making those responsible for the death pay for their actions.
Our lawyers understand that nothing will ever bring back your loved one. But you shouldn't be left struggling to recover after their death, and we fight to make sure that you don't. We get you what you are owed and help you move on from this tragedy.
What Is Negligence Or Recklessness?
In order to file a wrongful death lawsuit, you have to be able to show that the person who died was killed due to the reckless or negligent actions of someone else. Proving that these types of misconduct occurred is central to getting the compensation you are owed.
Some common examples of what may constitute wrongful death include the following:
- Drunk driving
- Texting while driving
- Failure to create a safe working environment
- Failure to maintain safe public areas
- Knowing about a safety hazard and failing to warn others or fix it
- Faulty products
Essentially, you have to be able to prove that an accident was caused through what any reasonable person would consider to be a reckless or negligent action. If those actions led to the death of your loved one, you'll have the right to seek compensation. Our lawyers will fight to make sure that you get what you deserve and that those responsible pay.
What Damages Can I Receive?
Courts consider a wide range of things when they are determining the damages that you receive, and those same factors are what will be used by our lawyers to structure a settlement amount that is fair for you. It's important that you receive the settlement you deserve and that you don’t' allow yourself to be pushed around by the other side.
Some of the main things that impact your settlement will include the following:
- Medical bills associated with the accident
- Funeral costs due to the death
- Lost income that would have been earned over the future and contributed to the household
- Lost financial factors including retirement, insurance, and investments that are no longer applicable due to the loss of life
- Compensation for the loss of parental guidance
- Compensation for loss of companionship
- Compensation for mental and emotional suffering to those left behind
The overall goal of any settlement is to help you get back to where you would have been had the accident never occurred, in financial terms. We know that your loved one is irreplaceable, but they wouldn't want you to struggle financially due to their death. We fight to make sure that it doesn't happen and that you get what you deserve so you can stop worrying about your finances and heal emotionally from these wounds.
Who Can File A Claim?
Under Florida law, those who are directly related to the deceased or who are related and financially dependent on the deceased in any way at all can seek financial compensation through a wrongful death lawsuit.
Those who are allowed to seek compensation include:
- Siblings dependent on the deceased
It's also important to understand that you only have 2 years in which to file a wrongful death claim against those responsible for the accident. That is the statute of limitations applied to Florida wrongful death cases, and beyond that time period you will be unable to seek restitution.
However, the sooner that you file a claim, the more likely it is that you can get compensation. Waiting too long makes it harder for your attorney to link the expenses of your case to the death and more difficult to prove your case. The sooner you contact us, the sooner we can start fighting to get you what you are owed.
How Is Fault Proven?
Proving fault in a wrongful death lawsuit isn't always easy. The other side will obviously be doing what they can to try to avoid paying out anything, and as such you'll have to have a good attorney on your side to stand up to them. Our lawyers fight to get you what you're owed.
We use a variety of tools and resources to show that you are owed compensation including:
- Surveillance camera footage
- Black box data from vehicles
- Witness statements
- Accident reports
- Accident reconstructions
- Photos of the accident scene
- Past complaints about a property or individual
- And more
The steps that we take to prove fault will depend largely upon the nature of the accident - a work related accident may involve different steps than a traffic accident, for example. But no matter what the specifics of your accident are, you can rest assured that we're your fierce advocate to get you the financial compensation you deserve. We'll fight to make them pay and ensure that you get what you're owed.
What Do I Need To Do?
When you contact our legal team, there is very little that you need to do in order to get what you deserve. Our lawyers handle the entire process of getting you restitution so you can focus your time and energy on grieving and moving on. You'll only need to sign documents on occasion when needed.
There are a few basic steps you can take to make it easier for your lawyer to get you the most from your case. These include:
- Contact us as soon as possible
- Avoid talking to representatives from the other side
- Don't accept settlements until you review them with your lawyer
- Keep records of everything. This includes medical bills, funeral costs, retirement accounts, and more
Essentially, all that you need to do is contact our offices as soon as possible after losing your loved one. We'll take care of the entire process from there, letting you heal and grieve during this difficult time. We don't get paid until we win your case, so you don't even have to come up with legal fees up front. And you can rest easy knowing that we'll fight to get you the most from your case, so you have nothing to worry about until you get paid.
Will My Case Go To Trial?
It's impossible to know how a case will proceed once we begin seeking you compensation. In most instances, insurance companies and those on the other side will often do all they can to avoid paying out a dime, and generally try to bully victims around using various tactics including:
- Refusing to pay
- Ignoring attempts to contact them
- Forcing you to fill out needless forms or paperwork
- Stalling and dragging out the case
- Offering lowball settlement offers far lower than you deserve
But when you have an attorney on your side, the odds of them using these bullying tactics is much lower. Instead, they work to reach a settlement offer to avoid going to court. The reason? They know that a trial could end up costing them even more than your settlement would. The insurance companies and lawyers for the other side will stop pushing you around and start trying to come to a conclusion for your case.
A settlement will help make it easier for you in numerous ways, including:
- Faster closure for your case
- Fair settlement amounts
- Your settlement can't be appealed like a trial damage award could be
- You maintain your privacy
- You avoid a considerable amount of stress
In short, while a trial could include punitive damages or other types of monetary compensation, a settlement is a better option and one that will often bring your case to a conclusion quickly. This way, you can heal and move on instead of worrying about the stress of a trial.
You may still end up going to trial, and if so, our lawyers will fight to makes rue that your rights are represented. We don’t' back down from a fight, and we never stop until you get what you deserve. But with us on your side, it's much more likely that you get a settlement quickly so you can move on from your loss.
The lawyers of Goldman Babboni Fernandez & Walsh have the firm belief that for the injured, getting justice pays. Call Today.