New Port Richey Wrongful Death Lawyer
Losing a loved one is always one of the most heart wrenching events we face, but facing a loss at the hands of another makes the pain much worse. Not only does the death of a loved one bring about mental and emotional trauma, but in many cases it can also mean facing financial problems. A wrongful death lawsuit can help ease the financial pains, while giving you a sense of justice. Abrahamson & Uiterwyk is here to help get you on the road to recovery.
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What Is Wrongful Death in Florida?
Under Florida law, wrongful death is defined as a death that “is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.”
Wrongful death is a senseless death caused by the actions of another. Wrongful death lawsuits are available to those closest to the deceased individual. The sudden death of a loved one can bring about much emotional and financial stress, but a wrongful death claim may be able to help you recover compensation to get you much-needed financial stability.
Who Can File a Wrongful Death Claim in Florida?
Not just anyone who is related to the deceased is permitted by Florida law to file a wrongful death suit. In Florida, the deceased’s personal representative is the designated individual allowed to file the wrongful death lawsuit. A personal representative may be one that the deceased specifically named in their will or estate plan. In cases where the deceased passed away without a will, the court may appoint the personal representative.
The personal representative files the claim, but the interested parties are the deceased’s close relatives. Family members entitled to recover from a wrongful death suit include:
- Parents, and
- Dependent blood relatives.
Oftentimes, individuals with a significant relationship to the deceased believe they are entitled to recover under a wrongful death lawsuit. However, that is not the case. Unless your relationship to the deceased falls under one of the above-mentioned categories, you are unable to financially benefit from a wrongful death claim.
Common Incidents Leading to Wrongful Death
A variety of incidents can result in the wrongful death of a victim. Some of the most common kinds of accidents ending in wrongful death include:
- Car accidents,
- Semi-truck accidents,
- Motorcycle accidents,
- Medical malpractice,
- Workplace accidents, and
- Defective products.
As stated, wrongful deaths occur due to an individual or entity’s negligence or intentional actions. If a loved one’s wrongful death was caused by another, you may be entitled to file a wrongful death lawsuit. Do not hesitate to consult with an experienced wrongful death attorney as soon as possible.
Proving Wrongful Death
Proving a death that was wrongful is one of the most important parts of your lawsuit. To accomplish this, you must first satisfy the following elements:
- The other person owed your loved one a duty of care;
- They breached this duty of care;
- The breach caused your loved one’s death; and
- The death resulted in damages.
Proving negligence in a wrongful death can be challenging, but your New Port Richey wrongful death attorney will work tirelessly to build a strong case, helping you pursue the compensation you deserve.
Damages for Wrongful Death Claims in Florida
After a death, the deceased’s family may experience financial hardships. Damages available after a wrongful death serve to compensate the family and alleviate some of these stresses. The damages available after a wrongful death are those directly related to the death. Some of the damages you may be entitled to include:
- Medical expenses,
- Lost wages,
- Lost earning potential,
- Pain and suffering,
- Mental and emotional anguish,
- Loss of companionship, and
- Loss of support and services.
In special cases, you may also be able to seek punitive damages. Punitive damages may be available if the defendant’s reckless or intentional actions cause the person’s death.
Calculating damages is often tricky, and you may be unaware of the amount and types of damages you are entitled to. Fortunately, your wrongful death lawyer will calculate the appropriate amount of damages and fight to help you recover as much as possible.
Why Pursue a Wrongful Death Claim?
No amount of money will ever fix the heartache of losing a loved one. Aside from the emotional pain, many families are left facing financial issues. While money cannot fill the void, it can help give you the peace of mind and financial stability you deserve after the loss of a loved one.
Pursuing a wrongful death claim can mean:
- Recovering for economic losses;
- Recovering for non-economic losses; and
- Pursuing justice for a senseless death.
A wrongful death claim can be a shining light in the dark after a tragic loss. Don’t lose your opportunity to recover financially. Speak to a New Port Richey wrongful death lawyer.
Consult with a New Port Richey Wrongful Death Attorney
For over 30 years, Abrahamson & Uiterwyk has helped over 20,000 clients during some of the most challenging times in their lives. Through our skills and perseverance, we have recovered hundreds of millions of dollars for our clients. We provide our clients with the care and compassion they need while we do the heavy lifting, seeking the justice they deserve. Our firm offers free case evaluations. Contact us today, and let’s discuss your case.
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