Your Guide to A Successful Wrongful Death Lawsuit
Life is both unpredictable and valuable. Everyday, people lose their lives for reasons that were not their fault. When an individual loses their life because of the negligence or recklessness of another, the family of the deceased has the right to file a wrongful death lawsuit. Through wrongful death lawsuits, a family can recover monetary compensation for any financial losses or for their pain and suffering. While no amount of money is capable of healing a person from the loss of a loved one, receiving compensation can help ease the burden of the relentless bills they are still expected to pay.
Common Types of Wrongful Death Claims
Wrongful death is an umbrella term that refers to accidents that result in the undeserved loss of a life. Situations in wrongful death claims vary from case to case but the most common types of wrongful death claims include:
- Car Accidents: Cars, despite being a wildly common form of transportation, are dangerous vehicles that must be operated with caution. Reckless or negligent driving can lead to car accidents with catastrophic results. Car accidents that result in death are eligible for wrongful death lawsuits.
- Medical Malpractice: When a healthcare provider violates their duty of care and instead harms a patient instead, a wrongful death claim can be filed. In order for the claim to be successful, it must be proven that the healthcare provider caused injury because of their negligent behavior.
- Nursing Home Abuse: If an elder loses their life because of abuse at a nursing home, the family has the right to file a wrongful death claim. From neglect to physical abuse, there are many different types of harmful behavior that can warrant a wrongful death claim.
Who Can File a Wrongful Death Claim?
In Florida, a wrongful death claim can be filed by any of the surviving family members of the deceased. The surviving family members include their spouse, any children, and parents. From medical bills to funeral expenses, the family has the right to request compensation from the defendant.
Winning a Wrongful Death Lawsuit
To win a wrongful death lawsuit, there needs to be a substantial amount of evidence that proves the death was directly caused by the negligence of another. Ultimately, the burden of proof falls onto the plaintiff and their lawyer. Thus, it is crucial to contact an attorney as soon as possible if a person wants to increase their chances of a successful wrongful death lawsuit. In court, the lawyer is responsible for proving that the accident occurred because the defendant breached their duty of care. If this idea can be effectively communicated to the judge, the likelihood of winning a wrongful death lawsuit is high.
In Need of a Personal Injury Lawyer?
The loss of a loved one is never an easy experience. While it is important to find time to mourn, it may be difficult when you feel swamped by all the legal paperwork and responsibilities. To provide guidance and ease your burdens, our Orlando personal injury attorneys at Payer Law are here to help. To schedule a free consultation with us, please do not hesitate to give our office a call at (866) 930-1238 today.
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