We live in a dangerous world. The potential for a serious accident lurks around every corner – on our streets and highways, at work, even in the hospital.
Sometimes an accident claims the lives of people we love. Here in Clearwater, for example, every year there are far too many lives lost to car accidents on US 19. If someone you love has recently been lost to an accident, you have our condolences. Losing a loved one is never easy. There’s always so much to be done, so many distractions, that it can be easy to put off consulting an attorney about the circumstances of your loved one’s passing.
But you shouldn’t put it off for long. Depending on the details, you may have grounds for a claim of wrongful death against any negligent parties who may have contributed to the death of your family member.
What is wrongful death?
Florida law defines wrongful death as an instance when negligence, recklessness or deliberate behavior results in someone else’s death. (“Negligence” in this context means that the responsible party did not behave in a way that a reasonably prudent person probably would have acted under similar circumstances.) Car accidents, medical malpractice, and workplace accidents are some of the more frequent causes of wrongful death in Florida.
How can I tell if I have a strong wrongful death case?
In order to win a wrongful death case, your attorney will have to prove four things:
- First, that the person you’re filing a claim against had a duty of care to the deceased;
- Second, that this person did something to breach of that standard of care, OR that their failure to do something resulted in a breach of that standard of care;
- Third, that these wrongful actions were the direct cause of your loved one’s injury or death; and
- Fourth, that damages resulted.
Proving these elements of the case can sometimes be trickier than you might expect, which is why you should always consult an experienced wrongful death attorney prior to filing a claim.
Who can file a wrongful death claim?
Wrongful death claims can be filed by a surviving spouse, parent, child, or any other relative or adoptive sibling who depended on the deceased for either financial or emotional support. This means that the deceased doesn’t necessarily have to have been the family breadwinner in order for the survivors to win a wrongful death claim.
Is there a time limit ?
There is. In most cases, that time limit is two years, but there are exceptions. Your wrongful death attorney can advise you on the appropriate timing of your claim.
If someone you love has been lost due to someone else’s negligence, call the Andriotis Law Firm today. Our experienced attorneys will fight for justice in your wrongful death claim, and get you the compensation you deserve.