Spring Hill Wrongful Death Lawyer
The death of a loved one is always difficult, but if the death was caused by another person, it makes the pain that much harder to bear.
While money will never be an adequate substitute for a loved one, it can solve many of the issues and stresses associated with an unexpected death. If your loved one has passed away due to another’s action, don’t forfeit your opportunity to recover financial compensation. The team at Abrahamson & Uiterwyk is here to listen, answer your questions, and get you on the path to financial stability.
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What Is Wrongful Death?
Florida law defines a wrongful death as one that “is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.” Simply put, wrongful death is a death that occurs due to another’s negligence or intentional actions. Because the sudden death of a loved one can cause much mental, emotional, and financial distress, you may choose to bring a wrongful death claim to recover financially for the death.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the deceased’s personal representative must file the wrongful death lawsuit. The deceased may specifically name a personal representative in their will or estate plan, but the court may appoint one if they died intestate (without a will).
While the personal representative is the designated individual allowed to file the lawsuit, the claim is filed on behalf of the deceased’s estate and surviving family members. Family members entitled to recover from a wrongful death suit include:
- Child, and
- Dependent blood relatives.
For every wrongful death lawsuit, any family member with an interest in the case must be listed in the lawsuit.
Common Events Resulting in Wrongful Death
Many events can lead to the wrongful death of an individual. Some of the most common types of incidents resulting in a wrongful death include:
- Car and truck accidents,
- Motorcycle accidents,
- Medical malpractice,
- Workplace accidents, and
- Defective products.
If the incident was caused by negligence or actions of another and the accident resulted in the individual’s death, you may be able to file a wrongful death lawsuit. If you believe you may be entitled to file a wrongful death claim, be sure to consult with an experienced wrongful death attorney.
Proving Wrongful Death
To prove the death was wrongful, you must establish that the other person’s negligent or wrongful actions caused the death. This includes satisfying 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 to the person’s loved ones.
One of the first and most essential parts of a wrongful death claim is satisfying the above-mentioned elements. Your Spring Hill wrongful death lawyer will review your claim to help prove there was a wrongful death and work diligently to build a strong case.
Damages Available for Wrongful Death Claims
Damages serve to financially compensate the deceased person’s estate and family members after their death. The damages available after a wrongful death are those directly related to the death. Some of the damages you may be entitled to can include:
- Medical expenses,
- Lost wages,
- Lost earning potential,
- Pain and suffering,
- Mental and emotional distress,
- Loss of companionship, and
- Loss of support and services.
In certain cases, you may also be entitled to punitive damages. Punitive damages serve to punish and deter after the defendant’s intentional or reckless acts caused the death.
Your wrongful death attorney will review your claim to calculate the appropriate amount of damages available to you.
Why Pursue a Wrongful Death Claim?
No amount of money can ever fill the void that the loss of a loved one has caused. Still, a loved one’s death can mean frustrations and financial stress. While money cannot fix everything, it can help give you the peace of mind and financial stability you need and deserve.
Pursuing a wrongful death claim can mean:
- Recovering for economic losses;
- Recovering for non-economic losses; and
- A feeling of justice for a senseless death.
A wrongful death lawsuit can mean plenty for you and your family. Don’t forfeit your right to compensation. Contact a wrongful death attorney as soon as possible.
Consult with a Spring Hill Wrongful Death Attorney
Abrahamson & Uiterwyk has had the honor of serving more than 20,000 clients over the past 30 years. We have aggressively represented clients when they’ve needed us most, recovering hundreds of millions of dollars throughout the years. We put endless care, passion, and dedication into every case we handle and work tirelessly to get our clients the justice they deserve. We’re available to our clients 24 hours a day, seven days a week. Contact us today, and let’s see how our firm can help you.
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Other Practice Areas in New Port Richey, FL
Here are just some of the additional personal injury case types that Abrahamson & Uiterwyk help with: