Pompano Wrongful Death Lawyer
It can be very difficult to lose a loved one, especially when it results from a preventable accident. If you’re the surviving family member of a loved one who died wrongfully, your situation could be eligible for a legal claim.
There are many intentional and accidental instances that can result in the premature death of anyone at any age. Whether your loved one has passed away at the hands of someone with criminal or accidental intentions, you have the legal right to seek action through a wrongful death claim.
These claims can be complicated to file without the help of a Pompano Beach Wrongful Death Lawyer. They entail detailed information that can be difficult to relive, but the good news is that these claims help bring closure and justice to the surviving loved ones.
If you are dealing with this unfortunate situation, here is everything you need to know about the process and how a specialized attorney can help.
Wrongful death is a legal term for surviving family members taking legal action for their loved one’s passing due to someone else’s fault. Wrongful death accidents can happen anywhere at any time for any reason. If someone has passed away unexpectedly and preventably, the accident may be deemed a wrongful death.
Here is a short list that can be considered as, but not limited to, areas where wrongful death can occur:
- Car accidents
- Motorcycle accidents
- Workplace accidents
- School accident
- Premises liability accidents
- Criminal acts
- Medical malpractice
- Defective products
- Personal injury accidents
Instances such as medical malpractice and criminal acts may also have other charges or information in the lawsuit that can extend the duration of your case due to its complexity.What Is a Wrongful Death Claim?
When a person files a wrongful death claim, they are insinuating a loved one has died at the hands of the defendant, and the plaintiff is looking to seek compensation to recover damages that were lost due to the death.
Many times when lawsuits are filed, the compensation and damages that are recovered are on the plaintiff’s behalf, but in wrongful death claims, the earnings are intended to help the victim’s families recover from what they have lost due to the loss.
For instance, if children under 18 were to lose a parent in a wrongful death situation, or if a disabled person lost their sole caregiver, these claims could help the surviving family cover expenses for their loss.
The person who enacts the harm in a wrongful death claim can vary from an individual to a company or organization. The responsibility of the death can fall on multiple parties, which is why some of these cases tend to be complex, especially if you are dealing with a large business or entity such as the government or a hospital.
Wrongful death claims are best handled with the help of an attorney that has in-depth experience with these kinds of claims.How to Qualify for Wrongful Death?
To qualify for a wrongful death claim, you must meet two requirements: have a close family relationship with the deceased victim and prove negligence in the loss.
Qualifying relationships for wrongful death claims can be one of the following:
- Immediate family members: spouses or children (biological and adopted)
- Life partners
- Financial dependents
- Putative spouses
- Distant family members
- Those who suffer financially from the loss
- Parents of a deceased child or unborn baby
Relationship status varies depending on the situation, but not just anyone can qualify for wrongful death because they are associated with the deceased. It must be established that you and the deceased were close and relied on each other to qualify.
The second qualification is to prove that the death was someone else's fault.This can be difficult in certain situations. Cases involving criminals, medical professionals, or government employees may see longer cases that are more complex. That is because many times, there has to be a thorough investigation and discovery of proof that the death was the responsibility of the other individual.
Medical malpractice cases that result in a wrongful death are the most complex. They involve your attorney deeply diving into the practice of your loved one’s physician and interviewing other medical professionals in the same practice area to compare treatments.
It can take months for some of the early processes in wrongful death claims to complete, which means you should file as soon as possible. Florida’s statute of limitations offers surviving victims two years from the date of the death to file a claim.
The sooner you file your claim, the better your chances are at a successful, adequate settlement.Do You Need the Help of An Attorney?
A wrongful death attorney in Pompano Beach, Florida, can greatly help your case. You may not be aware of legal issues surrounding your case, which your attorney can bring to light after they review all evidence and your position.
Another reason why you can benefit from the help of an attorney is because they know the right decisions you should make for your best chances of bringing a resolution to your case. If you are going up against a large entity instead of a sole individual, your attorney will also know the best practices and how to structure your case.
It is understandable that these situations can be devastating, and the thought of quickly consulting with an attorney may not seem like something you are up for, but it should be the first thing you do when everything settles down. Because you’re operating on a shorter timeline, it’s best to find an attorney as quickly as you can to start your claim.
An attorney can help you navigate through this difficult time by being your legal advocate throughout the entire process.What Does a Wrongful Death Claim Entail?
When you file a wrongful death claim, you will start a legal process to seek compensation for the damages you’ve incurred. It helps to know what the process entails so you know what to expect.A Specialized Attorney
A wrongful death claim can be difficult without the help of the right attorney. Having a legal professional on your side with the right resources should make a big difference in a positive way. It’s helpful having the right person working with you and guiding you throughout this process to accomplish the legal portion of your case.Collecting Documentation or Evidence
One of the first things your attorney will do is collect documents or evidence for your case. This is necessary, especially in complex cases when you’re going up against large organizations, government properties, or medical professionals. The more evidence your case has, the better your chances will be of reaching a fair settlement and collecting more damages.Filing Your Lawsuit
In some wrongful death cases, especially those correlated with medical malpractice, your attorney will have a lot of work to do before filing your lawsuit. The best part about having an attorney is that they will complete this step for you. If your attorney works with a legal assistant or paralegal, they will work with their partner to draft the papers to serve after they’ve reviewed your position and deem it meritorious.Attempting a Settlement
After your papers are served to the defendant, there is a period of time that will pass where you and your attorney work diligently to gather more evidence and strengthen your case. The other side will do this as well. At some point, your attorney will try to reach a settlement for you with the defendant. This requires you and your attorney to sit down with the defendant and their attorney along with a mediator to reach an agreement on how much the defendant may owe you.
Many times, this is where wrongful death claims end, especially with medical facilities and organizations. However, it is possible for no agreement to be reached or for the other side to want to forego this step. If either of those scenarios occur, then the case can go to court.Possible Trial
During trial, the judge and jury will be responsible for determining who wins the case and how much the defendant owes. This is where your attorney will present all the evidence in your case. If you happen to unfortunately lose your case, your attorney can also help with an appeal.The Process of Finding a Wrongful Death Attorney
As you can imagine, the process of a wrongful death claim is lengthy, complex, and full of important information. Before you do anything, you should have the right attorney on your side.
If you do not have an attorney already in mind, here is our list of steps for helping your find the most competent wrongful death lawyer in your area.Research Firms in Your Area
It all starts with research. Start by typing in “Wrongful Death Lawyers Near Me” or “Pompano Beach Wrongful Death Lawyer” to browse the list of firms in your area. Treat this step as the initial impression. Each firm should have a detailed website that discusses its practice areas, awards they’ve received, and years in service. Try to look for at least three to four firms you would like to research further.Investigate Each Firm Further
When you think you’ve found a good firm, be sure to look at their ratings and reviews from previous clients. There should be a section on the search page where you can read each firm’s reviews to obtain a good sense of their professionalism and work capability. No firm will be perfect, so don’t allow one or two negative reviews turn you away if the rest of them are glowing.Schedule Consultations
You should take advantage of the free consultation nearly every firm offers. This is a chance for you to discuss what an attorney can do for you and hear more about their services. The information you receive in these consultations is what will make or break who you work with and feel most confident in, which is why you should consult with a handful of firms before deciding on the right one to work with.Ask the Right Questions
Having a helpful, enriching consultation starts with asking the right questions to each firm. Here is a specific list of questions you should ask each wrongful death attorney you consult with so you can compare answers later:
- How many years have you been handling wrongful death claims?
- What other similar cases have you worked on? What were their outcomes?
- How do you handle wrongful death claims and what resources do you use?
- What can I expect out of my case?
- What is your preferred payment method?
The answers to the questions above will lead you to the right attorney. The two most important characteristics to have in an attorney is their competency in the practice and previous experience.Damages You Can Recover for Wrongful Death in Florida
When your attorney begins working on your wrongful death claim, the damages you can recover will vary on a case-by-case basis. You not only have the right to seek compensation for medical bills, but you can also seek compensation for much more.
Here are some of the expenses you may be able to recover, depending on your case:
- Loss of a companion or dependent
- Physical or mental suffering
- Funeral expenses
- Medical bills
- Life impact
As you and your attorney work together, discuss the different damages you can seek to have a better understanding of what you can expect.How Much Is Your Case Worth?
No wrongful death case is worth the same because there is no set price as to how much you will be awarded. Every wrongful death claim is different based on the accident, who the deceased person is, and the responsibilities they left behind.
It goes without saying that the more traumatic and devastating circumstances will need higher compensation than others. For instance, young children losing parents or guardians to violence may see a higher settlement than a spouse who lost their partner in a car accident.
The best way to see how much your case is worth is to talk to your attorney.Let Frankl Kominsky Injury Lawyers Assist You
At Frankl Kominsky Injury Lawyers, we know how challenging and difficult it can be to go through the legal battle on top of your loss. That is why we try to make it easy by doing most of the work for you.
We have been practicing injury law for the last forty years. Our time practicing has led to helping individuals in multiple injury battles such as wrongful death situations, and we’ve helped recover millions of dollars in damages combined. These cases are very fragile and we are confident we can help you seek a suitable outcome. It all starts with a no-obligation free consultation.
Our free consultation is set up with you in mind. This is your opportunity to come meet with one of our attorneys face-to-face, ask your questions, and get a thorough understanding of what it would be like working with our firm. We will assess your position and give you a detailed understanding of how we would handle your claim and what your best next steps are.
To schedule your consultation, please call our office at (561) 800-8000 or leave your contact information in our online form. Once someone reaches out to you to schedule a day and time at your earliest convenience, please gather the following information to bring to your consultation:
- Police report (if you have a copy)
- Medical bills
- Medical records
- Funeral expenses
- Insurance information
- Other information regarding the accident
We look forward to hearing from you and serving you the best way we know how: by being your legal advocate and giving you the support you need.