Understanding wrongful death claims can be an emotionally taxing and complex process for those who have lost a loved one due to someone else’s negligence or misconduct. As a Fatal Accident Attorney based in Sarasota, Florida, it is my role to provide clarity and guidance through this difficult time. And if you want get to know us and how we can help you, check this link – https://getjustice.com/sarasota-fatal-accident-attorney/
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that can be brought when a person’s death has been caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or corporation. The essence of such a case is not to bring charges against the responsible party, as in a criminal case, but to secure compensation for the survivors’ loss.
Who Can File a Wrongful Death Claim?
In Florida, the law specifies that the executor or administrator of the deceased’s estate can file a wrongful death claim. This representative acts on behalf of the deceased’s estate and surviving family members, including the spouse, children, and sometimes parents, or any relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services.”
Types of Damages Recoverable
As your Fatal Accident Attorney, I can help you understand the types of damages that may be recoverable in a wrongful death claim. These can include:
- Loss of support and services from the date of the decedent’s injury to their death, with interest, and future loss from the date of death.
- Loss of companionship, guidance, and protection for surviving spouses and children.
- Mental and emotional pain and suffering for parents if a child is lost.
- Medical or funeral expenses any survivor has paid for the deceased.
- Lost wages, benefits, and other earnings, including the value of earnings the deceased person could reasonably have been expected to make if they had lived.
Statute of Limitations
In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, this can vary depending on the specifics of the case. It is crucial to consult a Fatal Accident Attorney to avoid missing critical deadlines.
The Role of a Fatal Accident Attorney
Handling a wrongful death claim requires legal expertise, as these cases can be complex and emotionally charged. An experienced Fatal Accident Attorney can manage the intricate legal processes, allowing families to grieve without the added stress of legal proceedings. My role is to:
- Investigate the accident to determine liability.
- Handle all communications with insurance companies and responsible parties.
- Build a compelling case to demonstrate how the death has affected the survivors financially and emotionally.
- Negotiate a fair settlement or take the case to trial if necessary.
Losing a loved one is one of the hardest experiences anyone can go through, and dealing with legal matters can add to the strain. A Fatal Accident Attorney can help ease this burden by taking on the legal challenges and fighting for the compensation that survivors deserve. In Sarasota, Florida, if you find yourself in this heart-wrenching situation, seeking legal assistance can provide the support you need to navigate through this complex process. Remember, you do not have to face this alone.
