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Daytona, FL Wrongful Death Lawyer
Daytona Wrongful Death Attorney
Facing the aftermath of a wrongful death can be one of the most overwhelming and heartbreaking events of your life. Wrongful death suits come about when a loved one unexpectedly dies due to the negligent actions of another person or party, and you wish to hold them accountable in a court of law. Such a claim provides you with the opportunity to collect compensation from the liable party. A Daytona, FL, wrongful death lawyer can help you learn more.
The Damages That Can Be Recovered in a Wrongful Death Suit
Developing a claim for a wrongful death suit can be a difficult process, not just because of the legalities but because of the emotional distress you may be feeling throughout it. It is vital that you reach out to an experienced wrongful death lawyer who can help you build your case and decide which damages to pursue as part of your claim.
You can pursue economic damages and non-economic damages, with the specifics of your case largely deciding which will be the most feasible to pursue. Here are some of the different kinds of compensation you can choose to pursue in your wrongful death claim:
- Medical Losses: Florida’s Wrongful Death Act allows the family of the deceased to pursue compensation for any money that was spent in trying to save the deceased prior to death. Regrettably, some wrongful deaths happen even after a significant amount of time was spent trying to save the victim, and substantial money might have been spent on emergency room visits, ambulance rides, surgery costs, medication costs, and hospital room bills.
- Lost Wages: If the decedent was the household’s primary breadwinner, losing that income could have a substantially negative effect on your family’s finances. You may wish to seek damages for lost wages to try and make up for that loss. During the deceased’s initial treatment period, they may have lost a great deal of work. Pursuing a claim for lost wages could provide you with another bit of help.
- Loss of Consortium: The emotional devastation of losing a loved one cannot be expressed in a numerical value. However, you can choose to pursue a loss of consortium claim, which is also called a loss of companionship. This equates to the total value of the psychological and mental distress you are experiencing due to losing your loved one in such a tragic and avoidable way.
- Pain and Suffering: It can be difficult and complex to assign a monetary value to the pain and suffering of any individual dealing with severe trauma or a recent loss. However, your wrongful death lawyer can help you work out what a reasonable amount might be as part of your overall claim. Dealing with such a painful loss will likely bring pain and suffering into your life for the foreseeable future. You may be able to claim damages from it.
Wrongful Death from Medical Malpractice
Florida has some complex laws surrounding a wrongful death suit when it stems from medical malpractice. A medical malpractice case occurs when a medical professional fails to adhere to an established duty of care for a patient through unethical behavior or questionable activity that results in harm to the patient.
In order to pursue a wrongful death case in Daytona, FL, certain elements must be proven through an investigation into the actual incident. Some of the elements that must be present in a medical malpractice case include:
- A Duty of Care: You must establish that the medical professional being investigated for malpractice owed the patient in question a pre-established duty of care that was then breached.
- Causation: You must be able to prove that the breach of care is what caused the patient’s injury by definitively linking the two.
- Statute of Limitations: You must also make sure that your case is filed within the statute of limitations for medical malpractice cases in Florida, as missing this date will likely prevent you from recuperating any damages and holding the negligent party accountable.
FAQs for Wrongful Death Attorneys
Q: Who Are the Beneficiaries of a Wrongful Death Case in Florida?
A: Generally, the beneficiaries of a wrongful death case in Florida are the victim’s immediate family. The surviving spouse is considered first. If there is no spouse, the beneficiaries are the victim’s surviving children. Depending on the situation, the beneficiaries may be the victim’s parents or legal dependents who were counting on the victim’s financial support. It largely depends on the specific case, but it usually tends to be the victim’s spouse.
Q: What Are Examples of Wrongful Death Claims?
A: Examples of a wrongful death claim could be a fatal car accident, a person experiencing an anaphylactic reaction due to mishandling food in a restaurant, or even criminal acts like murder. Ultimately, a wrongful death claim is any situation where someone was killed as a result of another person’s negligent or willfully malevolent actions.
Q: Who Has the Burden of Proof in a Wrongful Death Case?
A: In a wrongful death case, the burden of proof falls on the plaintiff. Since the plaintiff is filing the wrongful death claim, they will have to prove that the negligent party was responsible for their loved one’s wrongful death. The same rule applies to wrongful death cases that were due to medical malpractice. The one who is claiming wrongful death must be the one to prove that the death happened the way they are claiming.
Q: Where Does the Money Come From in a Wrongful Death Lawsuit?
A: Generally, the money from a wrongful death lawsuit comes from the insurance company of the party who is found to be liable for the wrongful death. The type of insurance that the liable party carries will vary from case to case. Sometimes, it could be auto insurance. Other times, it could be homeowner’s insurance. If the liable party does not have insurance, the money will likely be taken from their own finances.
Contact a Wrongful Death Lawyer Today
The legal team at Spohrer Dodd Trial Attorneys can help lighten your legal load while you focus on the grieving process during this stressful time. Reach out to schedule a consultation today.
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