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Gainesville, FL Wrongful Death Lawyer
Gainesville, FL Wrongful Death Attorney
Few events in life can be as emotionally devastating as a wrongful death case. When a loved one loses their life as a result of someone else’s negligent behavior, the result is often a wrongful death claim that allows the family of the decedent to attempt to collect damages from the party that is deemed liable. Whether it is an unfortunate accident or the result of medical malpractice, you should reach out to a Gainesville, FL, wrongful death lawyer to file a claim.
What Damages Can Be Recovered in a Wrongful Death Suit?
The legal fallout of a wrongful death claim in Gainesville, FL can be overwhelming, but it is important that you retain experienced legal counsel who can show you exactly what kind of damages can be recovered to help you recover financially from the loss. You may be able to claim economic and non-economic damages alike, depending on the circumstances of your case and the details of the wrongful death itself. Here are some of the different kinds of damages you can pursue:
- The Deceased’s Losses: Under the Florida Wrongful Death Act, you can recover the amount in damages that was spent in trying to save the deceased. From the time of injury to the moment of death, anything that was done to try and preserve the deceased can be paid out in damages. This would include emergency room treatments, surgery costs, hospital bills, ambulance rides, and lost wages.
- Loss of Companionship: Losing a loved one can be emotionally devastating, and you can pursue a loss of companionship or consortium as part of your pain and suffering. A loss of companionship equates to the total emotional and psychological loss that occurs when you lose a loved one, particularly a romantic partner or a parent.
- Lost Wages: If the deceased was the primary breadwinner and had an income that contributed substantially to the household, it is recommended that damages be pursued for lost wages. The decedent may have also missed a lot of work due to any treatment given between their injury and their death. Making a claim for lost wages could help in the immediate aftermath of the wrongful death.
- Pain and Suffering: It is difficult to put a dollar amount on any individual’s pain and suffering, but a wrongful death lawyer can help you determine an appropriate amount. Dealing with a loved one’s wrongful death will likely bring a great deal of pain and suffering into your life, and you may be able to claim financial damages for it.
Medical Malpractice
The laws in Florida surrounding wrongful death as a result of medical malpractice are incredibly complex. Medical malpractice occurs when a healthcare provider or medical professional engages in questionable or unethical conduct that results in a patient’s injury or death. Certain elements must be proven by a thorough investigation in order for a wrongful death claim via medical malpractice to be considered valid. Those elements may include:
- Duty of Care: It must be established that the medical professional in question owed the patient an established duty of care.
- Causation: You must be able to prove a link between the medical professional’s actions and the patient’s death through a breach of duty of care.
- Statute of Limitations: Generally, the statute of limitations for a wrongful death suit, medical malpractice, or otherwise, is two years from the date of the victim’s death.
Gainesville Wrongful Death Lawyer FAQs
Q: How Much Is a Wrongful Death Lawsuit Worth in Florida?
A: There is no way to predict how much a wrongful death lawsuit will be worth in Florida. Every case is different and carries with it specific circumstances unique to the individual case. One case may result in a hefty settlement, while another may not. Your case could result in a comparable number or one that is far from what you expected. It all depends on the strength of your case, the negotiation skills of your injury lawyer, and both parties’ willingness to reach a compromise.
Q: Can You Sue for Wrongful Death in Florida?
A: Yes, you can sue for wrongful death in Florida, especially if your loved one’s death was caused by the negligent behavior of somebody else. A wrongful death suit is a civil suit intended to award financial compensation to the aggrieved party and hold the negligent party accountable for their actions in a court of law. Suing for a wrongful death via medical malpractice may prove to be more challenging, as a thorough investigation must meet all the qualifiers for a medical malpractice case.
Q: Is It Hard to Win a Wrongful Death Lawsuit?
A: It can be difficult to win a wrongful death lawsuit, especially if you are having trouble finding evidence to support your claim. If the other side is able to gather evidence that proves they were not responsible for the death or their actions were at least somewhat justified, it may be harder to win your case. However, if you have an experienced lawyer, a strong case, and enough evidence that supports your stance, you stand a good chance at claiming victory in your case.
Q: How Are Wrongful Death Settlements Calculated?
A: Wrongful death settlements are calculated to include economic and non-economic damages. Many different factors must be taken into consideration when calculating a wrongful death settlement, such as medical bills, lost wages, future earnings, pain and suffering, emotional distress, loss of companionship, and possibly punitive damages. You can claim as much in damages as you feel is necessary, but the other party can refuse to settle for that amount. If the case proceeds to litigation, a jury will decide on an appropriate award.
Reach Out to a Wrongful Death Lawyer Today
It can be tough dealing with the legalities of a wrongful death case, especially since you are also recovering from your grief. You may be feeling overwhelmed and angry. Thankfully, you don’t have to go through this tough situation by yourself.
The legal team at Spohrer Dodd Trial Attorneys can help you handle your case while you focus on your emotional and mental recovery, as well as the grieving process. Contact us to schedule a consultation on your potential wrongful death case with a valued team member.
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