Wrongful Death Lawyers Serving Coconut Creek
In the state of Florida, wrongful death claims are legal actions that are filed when a person's death is caused by the negligence or wrongful act of another. When this happens, the victim's family may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other costs associated with the death. It is important for those who have been affected by the death of a loved one to understand their rights and options in filing a wrongful death claim.
If you believe your loved one has been the victim of a wrongful death in Florida, it is important to consult with an experienced attorney. An attorney can help determine who may be liable and what kind of damages you may be able to recover.
A wrongful death claim can also help provide closure to the family and serve as a form of justice for the deceased victim. In addition, filing a wrongful death claim can provide financial stability to the family by allowing them to recover damages for medical bills, lost wages, and more.
Overall, wrongful death claims are an important legal action available in Florida. They can be essential in providing closure, justice, and financial stability to those affected by a loved one's untimely death. If you believe your loved one has died due to someone else's negligence or wrongful act, it is important to understand your rights and seek the help of an experienced attorney.What Constitutes a Wrongful Death Claim?
Wrongful death is defined as a death that the wrongful or negligent actions of another have caused. A wrongful death claim is a civil lawsuit filed on behalf of the deceased person's estate to recover damages that resulted from the death.
To successfully prove a wrongful death claim, it must be shown that the wrongful conduct of another caused the deceased's death. This includes cases where the defendant's conduct was reckless, intentional, or careless. It could also involve a case in which the defendant was strictly liable for the death due to negligence.
The deceased's family members who are eligible to file a wrongful death claim include the surviving spouse, children, and parents of the deceased. The surviving family members typically seek compensation for medical expenses, lost wages, other benefits, pain and suffering, funeral expenses, loss of companionship, and punitive damages.
It's important to note that the statute of limitations in Florida requires a wrongful death claim to be filed within two years from the date of death. Therefore, family members must begin the process as soon as possible to protect their rights. An experienced wrongful death lawyer can help you navigate the legal process and work with you to get the compensation you deserve.What Are the Leading Causes of Wrongful Deaths?
Wrongful deaths are often the result of negligent or intentional actions that lead to someone's death. Some leading causes of wrongful deaths in Florida include medical malpractice, vehicular accidents, workplace accidents, and unsafe products.
- Medical Malpractice: Medical malpractice is one of Florida's most common causes of wrongful death claims. Examples of medical malpractice include surgical errors, misdiagnoses, and incorrect medication administration.
- Vehicular Accidents: Another leading cause of wrongful death claims in Florida is vehicular accidents. These accidents often occur due to negligent driving, such as speeding, impaired driving, or running a red light.
- Workplace Accidents: Injuries sustained while on the job can sometimes be fatal. Wrongful death claims may be filed if the employer fails to provide a safe working environment, which can lead to slips, trips, and falls, among other things.
- Unsafe Products: Another common cause of wrongful death claims in Florida is when a consumer is injured due to a faulty product or inadequate safety measures taken by the manufacturer. An example is when an individual is injured due to a defective car seat or baby crib.
Regardless of the cause of death, families who have lost a loved one due to the negligence or intentional actions of another should seek legal counsel immediately. An experienced wrongful death lawyer can help ensure that victims can receive the justice they deserve.How Can I Prove Duty of Care in a Wrongful Death Claim?
Proving duty of care in a wrongful death claim is crucial to securing a claim. Duty of care refers to an individual's obligation to another, usually when one person is in a position of power or authority over another. The party filing the claim must prove that the accused had a duty to provide reasonable care and that this duty was breached, resulting in the wrongful death.
To prove duty of care, it is necessary to establish the relationship between the deceased and the defendant. For example, if the deceased was in the care of a hospital or medical provider, there would be an implied duty of care on the medical provider's part. Similarly, employers may have a duty of care to provide a safe working environment for their employees.
It is also important to demonstrate that the defendant acted negligently by failing to meet the standard of care expected of them. This may involve showing that the defendant failed to take reasonable steps to prevent injury or harm to the deceased or that they failed to follow established safety protocols. It can also be helpful to present evidence of any past incidents involving negligence by the defendant.
An experienced wrongful death lawyer can help you identify any potential liabilities and will be able to assist with gathering evidence and building your case. By working closely with you, your lawyer can help ensure that all necessary steps are taken to maximize your chances of recovering the compensation you deserve.How Much Will It Cost Me to Hire a Wrongful Death Attorney?
When it comes to wrongful death claims, the cost of hiring a wrongful death attorney may vary depending on the complexity of the case and the amount of time required. Generally, attorneys charge an hourly rate for their services, but they may also opt for a contingency fee. With a contingency fee arrangement, the lawyer only collects a fee if they win the case.
There are several costs associated with hiring a wrongful death attorney for a wrongful death claim. These can include filing fees, expert witness fees, court costs, and more. In some cases, attorneys may also require a retainer fee paid upfront.
The best way to get an accurate estimate of how much it will cost to hire a wrongful death attorney is to contact them directly and discuss the details of your case. Ask questions about potential costs you should be aware of and ensure you get all of your questions answered before signing any paperwork. Ultimately, the cost of hiring a wrongful death attorney will depend on the type of case and the amount of work required.Who Determines How Much My Claim is Worth?
When a wrongful death claim is filed, a jury or court determines the amount of compensation that may be awarded. The court will consider various factors, such as medical and funeral expenses, loss of earnings, pain, suffering, and more. These damages are based on several factors, including the deceased's age, life expectancy, earning capacity, and pre-death health.
The court may also consider the impact of the death on the surviving family members. This includes the emotional toll, as well as any financial losses. For instance, if the deceased was the household's primary breadwinner, the court may consider their lost income in determining the amount of compensation awarded to the surviving family.
Finally, the court may also consider punitive damages, which are meant to punish the party responsible for the wrongful death. Punitive damages are usually not awarded in wrongful death cases. However, when intentional or reckless conduct can be proven, the court may award punitive damages to deter similar actions in the future.
In short, a jury or court determines the amount of a wrongful death claim and is based on various factors, such as medical and funeral expenses, loss of earnings, pain, and suffering. In some cases, punitive damages may also be awarded. It is important to have experienced legal counsel to help you navigate the legal process and ensure that you receive fair compensation for your losses.How Long Will It Take for The Defendant to Pay My Claim?
When it comes to wrongful death claims, it's important to remember that the time it takes for the defendant to pay your claim will depend on a number of factors. If your case is settled out of court, the settlement could be paid as soon as the agreement is reached. However, if your case proceeds to trial, it can take longer for the defendant to pay.
In most cases, the amount of time it takes for the defendant to pay your claim will depend on whether you are successful in your claim. If the jury finds the defendant liable and awards you damages, then the defendant must pay you within a reasonable amount of time. It is important to note that if you receive an award for punitive damages, the defendant may not be required to pay these damages until after the appeals process is complete.
The amount of time it takes for the defendant to pay your claim also depends on how complicated the case is and how long the appeals process might take. If the defendant contests your claim or files an appeal, this could significantly drag out the payment process.
Finally, it is also important to remember that if you receive a favorable verdict in your case, it may take some time before you receive payment. In some cases, a court-appointed third party may be needed to facilitate payment from the defendant to you. If this is the case, then you should factor this into your timeline for when you can expect to receive payment from the defendant.Under What Circumstances Can the Court Overturn My Verdict?
In some cases, a court may overturn a verdict in a wrongful death claim. This is rare, but it can happen. The most common reason for a court overturning a verdict is if there is not enough evidence to support the decision or if the court finds that the wrong law was applied in determining the verdict.
Additionally, if the court finds that there was some kind of procedural error during the trial, then they may decide to reverse the verdict.
It is also possible for a court to overturn a verdict if they believe it was the result of bias or other factors that may have affected the trial outcome. The court may order a new trial or grant a new appeal in these cases.
It's important to remember that while the courts have the power to overturn a wrongful death claim verdict, this doesn't mean they will do so every time. There must be specific reasons why the court believes the previous verdict was wrong for them to consider such a move.
When presenting your case, you must ensure you are prepared with solid evidence and legal arguments demonstrating why the courts should uphold your case. You should also be prepared to challenge any claims made by the opposing party to prove your side of the case and ensure your rights are protected throughout the legal process.
It's also important to understand that while you may get an overturned verdict, this doesn't mean you will automatically receive compensation. If a court overturns your wrongful death claim, it is important to consult with an experienced attorney as soon as possible. An experienced attorney can help you understand your rights and ensure that you get justice for your loved one's passing.Am I Supposed to Return All the Money If the Courts Overturn My Verdict?
No, you are not required to return all the money if the courts overturn your verdict. However, there is a chance that the defendant or insurance company could file a motion to seek reimbursement for the damages they paid out. This is called a "motion to set aside judgment" and can be filed at any point before the statute of limitations expires.
If the court favors the motion, you may have to pay back some or all of the awarded damages. Depending on the circumstances, you may also have to pay court costs and attorney's fees associated with the motion. The best way to protect yourself from having to pay these expenses is to hire an experienced wrongful death lawyer who will be able to help you navigate this process.
Additionally, it is important to ensure you do everything within your power to collect all available evidence to support your wrongful death claim. This includes obtaining medical records, obtaining witness statements, and taking pictures of the accident scene. Doing this will strengthen your case and provide more assurance that the court will rule in your favor.
It is important to speak with your attorney immediately if you receive notice of such a motion. Your attorney will help you understand your rights and obligations in the situation.What If the Defendant Files for Bankruptcy?
If the defendant in your wrongful death case files for bankruptcy, it can be a difficult and complicated situation. If the defendant has filed for Chapter 7 bankruptcy, all their assets are liquidated to pay off creditors. As a result, you may not be able to get any compensation from them directly. However, if the defendant has filed for Chapter 11 bankruptcy, they may still have some assets you could claim.
In either case, filing a wrongful death claim against a debtor who has filed for bankruptcy can be difficult, and it is important to consult an attorney to understand your legal rights and options. It is possible to file a claim against the defendant's estate, which would be listed as a creditor in bankruptcy court. This would require you to file a proof of claim and wait until the bankruptcy proceedings have concluded before pursuing any potential settlement.
The court will then decide how much of the defendant's assets can be allocated to satisfy your claim. You may receive less than you originally sought if other creditors have higher priority claims, such as those for unpaid taxes or mortgages. An experienced attorney can help you determine the best course of action for your specific circumstances and maximize the amount you can recover from the defendant's estate.Contact Frankl Kominsky Injury Lawyers Wrongful Death Lawyers Serving Coconut Creek
When dealing with a wrongful death claim, you want the best legal representation possible. That's why you should consider contacting Frankl Kominsky Injury Lawyers, wrongful death lawyers serving Coconut Creek. Our team of experienced attorneys are dedicated to helping families recover the compensation they deserve for their losses.
At Frankl Kominsky Injury Lawyers, we understand that this is an incredibly difficult time for you and your family. We take our responsibility to our clients seriously and strive to provide compassionate yet aggressive legal counsel. Our attorneys will work diligently on your behalf to ensure that your rights are protected and that you receive the compensation you deserve.
We have experience in various wrongful death claims, including automobile accidents, medical malpractice, premises liability, and product liability. No matter what type of claim you're facing, our attorneys will provide skilled and knowledgeable representation throughout the entire process.
If you or someone you love has been the victim of a wrongful death, contact Frankl Kominsky Injury Lawyers today for wrongful death lawyers serving Coconut Creek at (561) 800-8000. Our team of attorneys is here to help you navigate the legal process and fight for the justice you deserve.