The pain of losing a loved one is deep and becomes more traumatic if the reason for their death is another person’s negligence or malpractice. A wrongful death occurs due to the wrongful act or negligence of an individual or a company, including a car or truck accident, medical malpractice, workplace accident, the use of a defective product, among others. In such an unfortunate event, the deceased’s family may want to file a wrongful death claim for justice according to their State’s wrongful death laws.
However, the procedure for filing a wrongful death claim can be very complicated, such as in the State of Florida, and becomes even more as the family members are already in grief. A wrongful death attorney understands the wrongful death laws in your State and takes legal action in the right way against the responsible party to bring justice to the grieving family.
Here’s our explanation of the wrongful death cases where a wrongful death attorney is needed!
Wrongful Death Cases
Wrongful death is the legal term used when a person dies as a result of the negligence or reckless actions of another individual or business. It can occur due to car and truck accidents, medical malpractice, and other incidents of wrongful actions discussed above.
In the face of such tragic incidents, the surviving family members must file the claim on behalf of their deceased loved one.
In most states, the lawsuit can be filed only by the deceased’s immediate family members, such as parents, children or spouse. In contrast, extended family, such as cousins, uncles, aunts, or grandparents, can also file in other states.
Sometimes, if the only remaining family member is under 18 years of age, the court will appoint a guardian to act in the minor’s best interests during the wrongful death lawsuit.
A wrongful death lawsuit is different from a criminal act because it compensates the deceased’s surviving family for the losses they suffered or will suffer as a result of the death. Losses that family members can recover include:
- Medical expenses
- funeral expenses
- Anticipated wage loss
- punitive damages
- profit losses
- Pain and suffering
- mental anguish
- loss of inheritance
- loss of company
- general damage
Although a wrongful death is a terrible situation, it is important to act quickly if a family member has to file a lawsuit. Many states have limitation rules, which dictate the amount of time you have to file a wrongful death claim.
An example of a wrongful death case is the lawsuit filed by Michael DeMella, who was awarded $24 million by a Broward Circuit Court jury after her pregnant wife was killed in a fatal cabana crash. He filed the wrongful death lawsuit against the Riverside Hotel, whose drunken driver crashed into the poolside cabana that killed the 26-year-old pregnant lady, Alanna DeMella. However, the jury placed the lion’s share of responsibility on the drunken driver who caused the accident while driving with a blood-alcohol level three times above the legal limit.
Why a Wrongful Death Attorney is Needed?
Filing a wrongful death lawsuit and determining the right compensation for the deceased’s family deserves is extremely complicated. A wrongful death attorney experienced in such cases can assist the grieving family throughout the process. During the trial, an attorney represents the case strongly, proving that the other party’s negligence caused the family member’s death. Such an attorney understands all aspects of these stressful lawsuits and can help you identify the losses you have or will face.
In Florida, filing such a lawsuit can be complicated as the state has certain restrictions under the law that decide when and how the deceased’s family members can file a case. Florida’s legal statutes (section 678.18) address the wrongful death cases and decide on the filers’ eligibility for such lawsuits, which most residents are unaware of.
Therefore, it is crucial to speak to a wrongful death attorney to seek justice who analyzes your case thoroughly, exploring all the available options under the State’s law.
Wrongful Death Attorney, Sunrise, FL
If you or someone you know has suffered the wrongful death of a loved one in Sunrise, FL, or the surrounding area and wants to file a claim, contact the Cameron Law Group. The Wrongful death attorneys at the Cameron Law Group are experienced in wrongful death cases. They will assist you throughout the long and painful legal process, ensuring the rightful compensation for the financial burdens your family faced by the loss of a loved one. Call (954) 994-2254 or visit their website for more information.
