Losing someone you love is devastating, especially when their death was caused by someone else’s actions. Grief is complicated enough without the added stress of financial struggles. If their death was caused by something like a car accident or a medical mistake, there might be ways to ease some of that burden and get the support your family needs. Approaching a wrongful death claim in the right way can lead to a successful case that can help you take care of your family’s needs and find some sense of justice.
What Is Wrongful Death Compensation?
Wrongful death compensation is financial support for family members after they lost a loved one due to someone else’s negligence or wrongdoing. Such a case can arise from car accidents, medical malpractice, workplace accidents, or defective products. Compensation can cover specific economic losses, like lost wages and funeral expenses, and intangible non-economic losses, such as pain and suffering.
Who Can File a Wrongful Death Claim?
In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim, but they will file it on behalf of family members such as spouses, children, and parents. While spouses and children are usually the primary claimants, there are situations where parents of the deceased or even extended family members may be eligible. An experienced attorney can help identify who qualifies and handle the legal process effectively.
Strategies for Maximizing Compensation in a Wrongful Death Case
To win a wrongful death lawsuit, you must be strategic and take the proper steps to build a strong case. Focus on these key areas:
Hire an Experienced Wrongful Death Attorney
The best thing you can do right now is hire a wrongful death attorney who knows what they’re doing. This isn’t just about following a process—it’s about making sure every detail is covered, and your family’s rights are protected. A good attorney will guide you every step of the way and work hard to build a strong case so you can focus on what matters: taking care of your family.
Gather Evidence and Document Losses
Building a strong wrongful death lawsuit requires solid evidence and proof. The more you can provide, the better your chances of getting the compensation you deserve. Here is evidence you should gather:
- Medical records that show the cause of death and any medical treatment received.
- Testimony from witnesses who saw the incident can back up the details.
- Expert testimony from professionals, like medical or accident reconstruction experts, to explain the severity of the situation.
- Receipts for funeral and burial costs since they’re part of the financial compensation.
- Proof of lost income and potential future earnings if the deceased was the primary breadwinner.
An experienced wrongful death lawyer can help gather and organize the needed evidence. This will show the depth of the loss and the financial strain the family is facing.
Calculate the Economic and Non-Economic Damages
Wrongful death compensation includes both economic and non-economic damages.
Economic damages usually cover specific financial losses, such as:
- Lost wages: This includes the income your loved one would’ve contributed to the family in the future.
- Medical expenses: If there were hospital stays, ER visits, or other medical bills leading up to their death, those costs can be recovered by the person who paid them or by the estate if they’re unpaid.
- Funeral costs: The costs of burial, cremation, and other related expenses can be recovered by the person who paid them or by the estate.
Non-economic damages can be harder to put a dollar amount on, but they’re just as significant. These might include:
- Pain and suffering refer to the emotional toll the loss takes on the family. While assigning a dollar value to grief can be challenging, these losses must be considered.
- Loss of companionship: Surviving spouses, children, and other close family members may be entitled to compensation for the emotional pain caused by the loss of their loved one’s presence in their lives.
A thorough analysis of economic and non-economic losses can help create a more comprehensive claim and potentially result in a higher settlement or verdict.
Consider Punitive Damages
Punitive damages are designed to hold the wrongdoer accountable for malicious or grossly negligent behavior and to send a clear message that this kind of conduct is not acceptable. Examples of when you might see punitive damages include:
- Medical malpractice: Punitive damages could be awarded if a healthcare provider’s actions were grossly negligent or intentional.
- Intentional harm: If the death was caused by malevolent intent or extreme recklessness, the courts may award punitive damages to hold the responsible party accountable.
Consult with a Florida wrongful death lawyer to determine whether punitive damages might be available in your case.
File the Wrongful Death Lawsuit Promptly
One of the most important laws to remember when pursuing wrongful death compensation is the statute of limitations. In Florida, surviving family members must file a wrongful death lawsuit within two years of the deceased’s death, as stated in Section 95.11(50 of the Florida Statutes. Missing this deadline could mean your case gets dismissed, so taking action as soon as possible is important.
A skilled wrongful death attorney can help you get started right away and make sure all deadlines are met.
Keep the Emotional Impact in Mind
It’s easy to focus on the financial side of a wrongful death case, but don’t forget the emotional impact on the family. Legal action can feel overwhelming, but having the right support makes all the difference. A compassionate attorney who understands the emotional toll can guide you through this tough time while still fighting to get you the compensation you deserve.
Negotiate or Go to Trial
After gathering evidence, the attorney presents it to the person responsible or their insurance company. Most cases settle before reaching the courtroom, but some go to trial. The outcome depends on the evidence’s strength and the case’s specific details. That’s why it’s crucial to have a lawyer prepared to handle either path.
Seeking Justice and Support for Your Family
Losing somebody due to someone else’s negligence is heartbreaking. While nothing can replace them, seeking accountability can help ease the financial burden. Compensation can cover medical bills, funeral costs, and lost income, providing much-needed support as the family moves forward.
If this has happened to your family, don’t wait to take action. Call the Tampa wrongful death lawyers of Jurewitz Law Group Injury & Accident Lawyers at (619) 233-5020 or contact us online to schedule a consultation, and we can discuss how we can help protect your family’s rights.
