If you lose a loved one due to someone’s negligent actions, you may be entitled to compensation. While some wrongful death cases seem straightforward, it may be hard to win one on your own.
Dealing with legal tasks while you are grieving and struggling with unexpected expenses can be tough. A Titusville wrongful death lawyer from Andrew Pickett Law can help you handle the claim and increase the chances of getting fair compensation. Contact us for a case evaluation at any convenient time.
Who Can File a Wrongful Death Claim in Titusville?
According to Florida law, family members can’t file a wrongful death lawsuit. It must be done by the personal representative of the decedent’s estate. This representative acts on the behalf of the surviving family and the estate. If such a person isn’t named in the decedent’s will, the court appoints them during probate.
Who Is Eligible to Collect in a Wrongful Death Lawsuit?
Only a limited number of parties can expect a settlement in a wrongful death lawsuit. These people need to have a certain relationship with the decedent:
- Primary relationship – immediate members of the family (spouses, parents of unmarried children, children, brothers, sisters)
- Secondary relationship – distant family members (uncles, aunts, grandparents). Unmarried domestic partners can’t file a wrongful death lawsuit
In Florida, minor children (under the age of 25) are entitled to higher compensation in a wrongful death claim than older children are.
How to Prove Negligence in a Wrongful Death Case?
To prove fault in a wrongful death case, you have to demonstrate that the defendant’s negligent actions caused the death of a person. This involves proving:
- Duty of due care – you have to prove that the defendant owed the deceased person a duty of “due care.” The exact definition of this duty varies from case to case.
- Duty violation – you have to prove that the defendant violated the duty of due care. For example, to prove this violation in a car accident, an attorney could demonstrate evidence that the driver was distracted or under the influence.
- Causation – next, you need to prove that the abovementioned duty violation caused the death of the decedent. For example, your wrongful death lawyer would need to prove that the collision during the accident caused injuries that resulted in a person’s death.
- Damages – you would also need to prove that when a wrongful death occurred, you suffered damages. For example, if your family member dies, you need to cover burial and funeral expenses, which can be covered by the settlement.
Proving a wrongful death isn’t always easy. Even if the case seems transparent, the other party’s representative will work hard to minimize the settlement amount. That’s why it’s important to consider hiring a wrongful death attorney.
What Damages Are Available in a Wrongful Death Case in Titusville?
If a member of your family died due to someone else’s negligence, you may be entitled to the following damages:
- Loss of wages and potential future earnings.
- Pre-death medical, funeral, and burial expenses.
- Pre-death pain and suffering of the decedent.
- Loss of inheritance or financial assistance (e.g. the decedent was paying for a family member’s education) as a result of death.
- Loss of companionship.
- Loss of consortium.
- Emotional and mental pain and suffering for children and the surviving spouse.
- Emotional and mental pain and suffering for parents of a minor child.
- Punitive damages.
It may be hard to determine the full extent of damages in a wrongful death case. An attorney can help you figure out the type of damages you may be entitled to.
What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Florida?
In Florida, you have two years from the date of death to file a wrongful death claim. If you don’t do it before this time is up, you may lose your right to obtain any compensation.
If you are filing a wrongful death lawsuit against a government entity, the filing procedure is different. You have three years to notify the defendant and four years to file a claim.
Should I Hire a Wrongful Death Attorney in Titusville?
When a loved one dies, the family goes through a difficult time. Focusing on legal matters can be frustrating and nearly impossible. That’s why many people make unfortunate mistakes and fail to obtain fair compensation.
A Titusville wrongful death attorney can handle the legalities of the case and give you time to work out personal matters. Your wrongful death lawyer in Titusville can also assist with:
- Determining the value of your claim
- Gathering evidence
- Speaking to the witnesses
- Proving negligence of the defendant
- Providing legal advice for you and your family
- Taking the case to trial if necessary
- Negotiating a settlement
From filing a claim on time to negotiating a higher settlement, a wrongful death lawyer is an important figure in any wrongful death case. It’s important to remember that the defendant is likely to hire a legal team to minimize the settlement or avoid paying altogether.
Contact a Titusville Wrongful Death Lawyer Today
If your loved one died because of someone’s negligent actions, you may be able to collect damages. Since wrongful death claims are rarely transparent, straightforward, or quick, you may need legal assistance.
By working with an experienced wrongful death attorney from Andrew Pickett Law, you aren’t just increasing your chances of obtaining fair compensation, you also gain valuable personal time that grieving family members need. At Andrew Pickett Law, we work hard to help clients get the compensation they deserve. To learn more about our service, contact our team today.
