Wrongful Death Lawyers Serving Lighthouse Point

Wrongful death claims are a legal remedy available to family members or beneficiaries of someone who died as a result of another person's wrongful act. While no amount of money can bring back your loved one, filing a wrongful death claim may provide financial support and closure in the aftermath of their untimely passing.

Aside from seeking justice for your loved one, pursuing a wrongful death claim also holds responsible parties accountable for their actions. It sends a message that negligence and recklessness will not be tolerated and that individuals must take responsibility for their actions.

Filing a wrongful death claim can also help cover medical expenses, funeral costs, lost income, and other damages caused by losing your loved one. This compensation can alleviate financial burdens during an already difficult time.

Moreover, holding those responsible for the tragic incident accountable may prevent similar occurrences from happening again. You could save lives by raising awareness about dangerous situations or conditions that led to someone's death.

What Is the Role of the Personal Representative in a Wrongful Death Claim?

When a loved one dies due to another party's negligence or intentional actions, family members may be entitled to file a wrongful death claim. However, before filing a claim, it's important to understand the role of the personal representative in such cases.

The court typically appoints the personal representative and serves as the legal representative for the deceased person's estate. They are responsible for managing any financial affairs related to the estate and making decisions for surviving family members.

In cases involving wrongful death claims, the personal representative is responsible for initiating legal proceedings against those who caused or contributed to their loved one's death. They must also gather evidence, negotiate with insurance companies and other parties involved in the case, and decide whether to settle out of court.

It's important to note that not just anyone can serve as a personal representative in a wrongful death case. In Florida, state law sets forth specific criteria which must be met for someone to qualify as a personal representative.

Can I Pursue a Wrongful Death Claim if the Responsible Party Has Criminal Charges Against Them?

If the responsible party for your loved one's wrongful death is facing criminal charges, it does not necessarily prevent you from pursuing a wrongful death claim.

Criminal and civil cases are two separate legal proceedings with different outcomes. A criminal case focuses on punishing the defendant for their actions, while a civil case seeks to compensate the victim's family for their losses.

Even if the responsible party is found guilty in their criminal trial, they can still be held liable in a civil suit for damages related to their loved one's wrongful death.

However, the evidence presented in the criminal trial may be used as evidence in your civil lawsuit. This means that if they are found guilty of committing an intentional or negligent act leading to your loved one's death, it may strengthen their wrongful death claim.

In some cases, such as DUI accidents resulting in fatal injuries or deaths caused by violent crimes like assault or murder, pursuing criminal charges and a wrongful death claim can ensure that justice is fully served and provide closure for victims' families.

How Is the Compensation Determined in a Wrongful Death Claim?

The compensation awarded in a wrongful death claim can vary greatly depending on the circumstances of the case. In general, compensation is intended to cover the surviving family members' economic and non-economic damages.

Economic damages may include medical expenses, funeral costs, lost wages, and benefits that the deceased would have earned if they had survived. Non-economic damages may include loss of companionship, pain and suffering endured by the deceased before their passing and emotional distress experienced by family members following their loss.

Factors such as age and earning potential of the deceased are considered in determining an appropriate amount of compensation for a wrongful death claim. Additionally, the evidence must be presented to demonstrate how much financial support was provided by the deceased before their passing.

It's important to note that there are no set guidelines or formulas for calculating compensation in these cases – each situation is unique and must be evaluated individually. It's also worth noting that some states cap certain damages in wrongful death claims.

Ultimately, it's crucial to work with an experienced attorney who can help you understand what compensation may be available in your particular case.

Can I Include Medical Expenses and Funeral Costs in My Wrongful Death Claim?

One of the most common questions when filing a wrongful death claim is whether they can include medical expenses and funeral costs. The answer is yes, you can.

Medical expenses incurred before your loved one's death are generally recoverable as part of a wrongful death claim. This includes hospital bills, doctor visits, and other related medical expenses.

As for funeral costs, these are also recoverable in many cases. Funeral expenses may include things like burial or cremation fees, transportation fees, and even the cost of a memorial service.

It's important to keep copies of all receipts and invoices related to medical expenses and funeral costs so that your attorney can accurately calculate the damages owed as part of your wrongful death claim.

Remember that while these types of damages are often included in a wrongful death claim, there may be certain limits on how much you can recover depending on the specific circumstances surrounding your case. Your attorney can help you navigate this process.

Are There Any Specific Requirements for Filing a Wrongful Death Claim Against a Government Entity in Florida?

If your loved one passed away due to the negligence or wrongful behavior of a government entity in Florida, such as a city or state agency, you may be able to file a wrongful death claim against them. However, specific requirements must be met before you can pursue legal action.

One of these requirements is providing written notice to the appropriate government agency within a certain time frame. This notice should include details about the incident and how it led to your loved one's death.

Additionally, there may be limitations on the amount of damages that can be awarded in these cases. It is important to consult an experienced wrongful death lawyer who understands these laws and can help you navigate the complexities of filing a claim against a government entity.

Filing a wrongful death claim against a government entity in Florida requires careful attention to detail and adherence to specific legal procedures. With proper guidance from an attorney specializing in this area of law, you can seek justice for your loved one's untimely passing.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

When a loved one passes away due to the negligence of another party, there are different legal options available to seek compensation for damages. Wrongful death claims and survival actions are two common types of claims that can be pursued in such situations.

The surviving family members or beneficiaries bring a wrongful death claim for their deceased loved one. This type of claim seeks compensation for losses suffered by the survivors as a result of their loved one's untimely death, including emotional distress, loss of companionship, and financial support.

In contrast, a survival action is brought by the estate or personal representative of the deceased person. This type of claim seeks compensation for damages sustained by the victim until their death, such as medical bills, lost wages, and pain and suffering.

While both types of claims may arise from similar circumstances surrounding a person's death, they serve distinct purposes in addressing different aspects related to damages incurred. It's important to consult with an experienced attorney who can help determine which type(s)of legal action may be appropriate given your specific situation.

Can I File a Wrongful Death Claim if My Loved One Had Pre-existing Health Conditions?

It is not uncommon for a person with pre-existing health conditions to pass away due to the negligent actions of another party. In such cases, it can be challenging to determine whether or not a wrongful death claim can still be pursued.

The answer depends on various factors, including the nature and extent of the pre-existing condition and how it relates to the cause of death. The responsible party may argue that their actions did not cause the person's passing directly but exacerbated an existing condition.

Pursuing a wrongful death claim may prove difficult if this is the case. However, if there is evidence that negligence contributed significantly to worsening or accelerating a pre-existing condition leading to premature death, then pursuing legal action could be possible.

In these situations, you must seek out experienced attorneys with knowledge of personal injury law and medical malpractice lawsuits, as they will have experience dealing with these complex issues.

Are Any Additional Damages or Punitive Damages That Can Be Awarded in a Wrongful Death Claim?

The loss can be immeasurable when a loved one dies due to someone else's negligence or intentional actions. In addition to compensatory damages for things like medical bills and lost wages, there may also be additional damages that can be awarded in a wrongful death claim.

One type of additional damage is known as "loss of consortium." This refers to the loss of companionship, love, comfort, and other intangible benefits of having a spouse or parent in your life. While putting a price tag on these losses can be difficult, they are still considered compensable in many cases.

Another potential source of damages in a wrongful death claim is punitive damages. These are meant to punish the responsible party for particularly egregious behavior and deter others from engaging in similar conduct. However, punitive damages are usually only awarded if the defendant's actions were especially reckless or malicious.

It's important to note that every case is different when determining the available damages. An experienced attorney can help you understand your options and fight for fair compensation for your loved one and family.

Can I File a Wrongful Death Claim if My Loved One Passed Away Due to Medical Malpractice?

If your loved one suffered harm or passed away due to medical malpractice, you may be able to file a wrongful death claim. Medical malpractice refers to a healthcare provider's failure to provide the appropriate standard of care that resulted in an injury or death.

To prove medical malpractice, you must show that the healthcare provider deviated from the accepted standard of care and that this deviation caused your loved one's injuries or death. You will need expert testimony from a doctor in the same field as the defendant.

Wrongful death claims for medical malpractice can seek compensation for damages such as lost wages, funeral expenses, and emotional distress. However, these cases can be complex and require extensive evidence-gathering and legal knowledge.

Contacting an experienced wrongful death attorney who has handled similar cases is crucial. They can guide you through the process and help build a strong case on behalf of your loved one.

Can I File a Wrongful Death Claim if the Responsible Party Is Uninsured or Underinsured?

It's an unfortunate reality that some responsible parties may be uninsured or underinsured. In this situation, you may wonder if you can still file a wrongful death claim. The answer is yes, but recovering compensation can be more challenging.

If the responsible party lacks insurance or enough coverage, they will likely be personally liable for damages. However, collecting it from an uninsured or underinsured individual can be difficult, even if a court awards you compensation.

Sometimes, your insurance policy may provide coverage for situations like these. For example, if your loved one was killed in a hit-and-run accident and the driver cannot be identified or located, your uninsured motorist coverage could help cover damages.

Navigating a wrongful death claim involving an uninsured or underinsured party can be complicated and time-consuming. It's essential to seek legal guidance from experienced attorneys who understand how to handle these cases effectively.

Are There Any Exceptions to the Statute of Limitations for Filing a Wrongful Death Claim in Florida?

Florida has a statute of limitations for filing a wrongful death claim. This means you only have a certain amount of time to file your claim before it becomes invalid. The typical deadline for filing a wrongful death claim in Florida is two years from the date of the person's death.

However, there are some exceptions to this rule. For example, if the responsible party was not immediately identified or discovered, the clock may start ticking on the statute of limitations later.

Another exception is when the victim was under 18 years old at their passing. In such cases, their parents or legal guardians may be able to file a wrongful death claim up until two years after they turn 18.

Additionally, if criminal charges are being pursued against the responsible party related to your loved one's death, you may be able to extend your deadline for filing a civil lawsuit by up to five years.

It's important to consult an experienced wrongful death attorney who can help you determine whether any exceptions apply in your particular case and ensure all necessary deadlines are met.

Can I Seek Compensation for Loss of Companionship or Consortium in a Wrongful Death Claim?

Losing a loved one due to someone else's negligence or wrongdoing can cause immense emotional pain and suffering. In addition to the financial losses, surviving family members may also experience a loss of companionship and consortium.

Companionship refers to the relationship between spouses, while consortium includes spousal and parent-child relationships. Loss of companionship or consortium damages are meant to compensate for the loss of love, affection, guidance, and support provided by the deceased person.

In Florida, seeking compensation for these damages in a wrongful death claim is possible. However, proving such losses can be challenging as they are intangible. It requires evidence showing how much you relied on your loved one's presence before their untimely passing.

To maximize your chances of receiving fair compensation for all aspects of your loss – including loss of companionship or consortium – it is essential to work with an experienced wrongful death attorney who understands Florida law and has successfully handled similar cases in the past.

What Are the Potential Challenges or Defenses I May Face When Filing a Wrongful Death Claim in Florida?

Filing a wrongful death claim can be a difficult and emotional process. However, there are potential challenges or defenses that you may face when pursuing this type of legal action in Florida.

One potential challenge is proving causation, which means showing that the defendant's actions were directly responsible for the victim's death. This can be difficult if multiple factors were involved or the cause of death is not immediately apparent.

Another challenge could be establishing damages. It can be challenging to put a dollar amount on the loss of someone's life and determine what compensation is appropriate.

Defenses that may arise include arguing contributory negligence, meaning that the victim played a role in their death through their actions. The defendant may also argue the assumption of risk, claiming that the victim knew and accepted any potential risks associated with their activities.

Contact Frankl Kominsky Wrongful Death Lawyers Serving Lighthouse Point 

If you have lost a loved one due to the negligence or wrongdoing of someone else, it's important to know that you have legal options available. A wrongful death claim can help provide compensation for your losses and hold those responsible accountable for their actions.

However, navigating the legal process of filing a wrongful death claim can be overwhelming and emotionally taxing. That's where Frankl Kominsky comes in.

Our experienced wrongful death lawyers are here to guide you through every step of the process with compassion and expertise. We understand this is a difficult time for you and your family, so we strive to make the process as smooth as possible while fighting tirelessly.

Contact us today at (561) 800-8000 so we can start working towards justice for your loved one. We are here for you.

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