South Florida Injury Attorneys Blog
Losing a loved one is never easy, and it becomes even more challenging when their death could have been prevented. In Florida, families who have lost someone due to the negligence or recklessness of others may be able to seek justice through a wrongful death lawsuit. The best way to know for sure is to meet with a skilled wrongful death lawyer serving in Pembroke Pines.
As you may already know, not everyone can file a wrongful death claim in Florida. Here, we’ll explain who can file a wrongful death lawsuit in Florida. We’ll also briefly discuss the steps you need to take for your case.
Who Can File a Wrongful Death Lawsuit?
To sue somebody for damages, you need to demonstrate that you have standing. The same is true when it comes to wrongful death cases in Pembroke Pines, Florida.
Under Florida law, only the following individuals may benefit from filing a wrongful death lawsuit:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s surviving parents
- Any adult children if there is no spouse
- Anybody who can prove they were financially dependent on the decedent
It is important to remember that only the personal representative of the decedent’s estate can file the actual complaint. However, they will be suing on behalf of the individuals listed above.
What Must be Proven in a Wrongful Death Case?
In order to win a wrongful death case in Florida, the plaintiff must prove that the death was caused by the negligence or wrongful act of another person or entity. The plaintiff must also prove that the deceased would have had a valid personal injury claim against the negligent party if they had not died. Additionally, the plaintiff must show that the death resulted in financial damages to the survivors, such as loss of income, medical expenses, and funeral expenses.
Damages Your Wrongful Death Lawyer in Pembroke Pines Can Demand on Your Family’s Behalf
If someone dies due to another person’s actions, their family may be entitled to compensation. In a Florida wrongful death action, your wrongful death lawyer serving Pembroke Pines may seek the following:
- Compensation for the value of the lost life to the survivors including:
- The loss of love, companionship, comfort, society, and protection; and
- The mental pain and suffering experienced by the survivors; and/or
- Punitive damages against the person or entity who caused the death.
The measure of damages in a wrongful death case is generally based on what a jury believes a reasonable person in the position of the survivor would have been willing to pay to prevent the death from happening.
There is no hard and fast rule on how juries calculate damages in these cases. You should trust that your wrongful death lawyer serving Pembroke Pines will demand whatever damages they believe your family can prove.
What Steps Will Your Wrongful Death Lawyer in Pembroke Pines Take After Filing Your Claim?
If your loved one was killed in any sort of accident, your family may be entitled to damages. We understand that this is the last thing you ever thought you’d have to do. That’s why we’ve broken the steps down for you as best we can.
There are certain steps that must be taken as soon as possible after your loved one’s death:
- Speak with a wrongful death attorney: After the loss of a loved one, you have enough on your plate without having to worry about filing a lawsuit. An experienced wrongful death attorney can handle all the legal details for you and help you get the compensation you deserve.
- Gather evidence: Your attorney will need evidence to prove that your loved one’s death was caused by someone else’s negligence or wrongdoing. This may include medical records, police reports, eyewitness statements, and more.
- File a claim: Once you have gathered all the necessary evidence, your attorney will file a claim on your behalf with the responsible party’s insurance company. The insurance company will then investigate the claim and determine whether or not they will pay out damages.
- Negotiate a settlement: If the insurance company denies your claim or offers a low settlement amount, your attorney will negotiate with them to try to reach an agreement that is fair for you. If no agreement can be reached, your case may go to trial.
Wrongful Death Lawyers Serving Pembroke Pines Know Only the Personal Representative Can File the Actual Lawsuit
Some of our clients are upset when they learn that they aren’t the ones who will file the actual lawsuit. Only the personal representative of the deceased’s estate can do this.
Your wrongful death lawyer serving Pembroke Pines will explain that the reason the personal representative must file as the plaintiff is because they represent the interests of the deceased’s estate.
The personal representative is usually designated in the victim’s will. If there is no such designation, or if there isn’t a will at all, the court will appoint one instead. This person will be responsible for handling all aspects of the estate, including filing any lawsuits on behalf of the estate.
If you are the spouse, child, or parent of someone who died due to someone else’s negligence, you will need to contact a wrongful death lawyer serving Pembroke Pines to help you file a claim.
How Can Your Wrongful Death Lawyer in Pembroke Pines Prove Fault?
Your wrongful death lawyer serving in Pembroke Pines can prove fault in a number of ways. One way is to show that the defendant was negligent. This means that the defendant did not use reasonable care, and this resulted in the death of your loved one.
Another way to prove fault is to show that the defendant intentionally caused the death of your loved one. This can be done by showing that the defendant had a motive to kill your loved one or by showing that the defendant had the opportunity to kill your loved one.
What Are the Chances That Your Wrongful Death Lawyer Serving Pembroke Pines Will Settle Your Case?
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, you may be wondering if you have a case for wrongful death. While every situation is different, there are certain factors that will affect the chances of your case settling out of court.
Ideally, your wrongful death lawyer serving Pembroke Pines will be able to negotiate a settlement. Nobody wants to go to trial. This is especially true if you’ve just lost a loved one. Our goal is to help resolve matters as quickly as possible.
What Factors Can Impact Your Chances of Settling Your Case?
Your wrongful death lawyer serving in Pembroke Pines is going to work tirelessly to settle your case. They don’t want you to have to go through the stress and hardship of a trial.
Some of the factors that can impact your chances of settlement include:
- The strength of your case. If your wrongful death lawyer serving in Pembroke Pines has strong evidence that the other party was at fault for your loved one’s death, then you’re more likely to reach a settlement.
- The amount of money you’re seeking in damages. If you’re only seeking a few thousand dollars, it’s more likely that the case will settle out of court. However, if you’re seeking millions of dollars in damages, the other party is less likely to settle and may choose to go to trial instead.
- Whether the insurance company is willing to entertain a settlement. Your wrongful death lawyer serving Pembroke Pines cannot force the insurance company to settle.
It’s important to keep in mind that just because your case doesn’t settle right away doesn’t mean it won’t settle. Our wrongful death lawyers serving Pembroke Pines understand that more than 95% of all personal injury lawsuits settle at some point before trial.
Reach Out to an Experienced Wrongful Death Lawyer Serving in Pembroke Pines
Wrongful death suits can be a difficult and emotional process for those affected. It is important to understand who has the right to file a lawsuit in Florida and what they must prove in order to be successful. That’s why it’s a good idea to meet with a seasoned wrongful death lawyer serving in Pembroke Pines right away.
Knowing that you only have a certain amount of time to file your claim, you don’t want to wait too long. Call Frankl Kominsky Injury Lawyers at (561) 800-8000 and schedule your free, initial consultation.
With the right preparation, filing a wrongful death suit in Florida can help bring justice for those wronged and provide much needed financial compensation for those affected.