If you have recently lost a loved one to wrongful death, you probably have a lot of questions. You may be wondering whether you are eligible to file a wrongful death claim. With a claim, you may be able to receive financial compensation for your loss. There are many scenarios in which this might be possible. Here’s what you need to know about wrongful death cases and what attorneys like Andrew Pickett can do to assist you.
What Constitutes Wrongful Death?
Wrongful death cases represent a unique category of personal injury law. It is important to note that these are civil cases, not criminal. What that means for you is that your loved one’s death does not necessarily need to be the result of someone else’s criminal act. For example, in medical malpractice cases, a doctor’s mistake typically won’t qualify as a criminal act, but the court can still determine that the doctor’s actions or inactions directly led to your loved one’s death. This can often be the case in situations involving misdiagnosis.
Although your loved one was not necessarily the victim of a crime, their death must still be the result of another person’s or business’s negligence. Failing to properly secure a dangerous area of a construction site or neglecting to properly maintain on-the-job safety equipment could be examples under this category. If the deceased person’s own actions led to their death, like in cases of suicide or engaging in risky activities, it would not constitute wrongful death.
Wrongful death does not have to be the result of a criminal act. These types of cases can sometimes fall under both civil and criminal court. Situations involving driving under the influence is an example. A drunk driver will likely be held accountable for the criminal act of driving under the influence.You can also sue them in civil court.
What Do Wrongful Death Attorneys Do?
For your case, you will work with a specific type of attorney. Your wrongful death attorney’s primary goal will be to prove the other party is responsible for your loved one’s death. In general terms, the criteria for establishing this responsibility is to determine whether your loved one would have been eligible to file a personal injury lawsuit if they had survived the incident. If they would have likely had a valid claim against the other person or business, a wrongful death lawsuit is likely a viable route for you to take. On the other hand, if a personal injury claim would have been unlikely to be successful, you probably won’t be successful in a wrongful death case either.
As mentioned previously, the other party does not necessarily have to have committed a criminal act. Your loved one’s death, though, must be the direct result of their actions or inactions. Typically, these cases fall under a few primary categories: negligence, medical malpractice, and manslaughter. However, there are other scenarios that can be deemed wrongful death. Those listed here are among the most common.
Determine whether you have a valid claim. Your best option is to reach out to a personal injury and wrongful death attorney. Your attorney can then evaluate the specific details of your case to determine whether you are likely to be successful in a lawsuit. With this information, your lawyer can begin to develop your case to advocate for you in court. In many cases, you and the other party will be able to reach a settlement without ever going to court. Settling is much easier and quicker than going to trial. Thus, reaching a suitable settlement is often the goal. However, your attorney should be well-prepared for the case to go in either direction.
Trust Andrew Pickett Law for Your Wrongful Death Case
For wrongful death lawsuits in Florida, you can count on Andrew Pickett Law. We invite you to reach out to our firm with any questions you may have about your case. We’ll be happy to set up a free, no-obligation consultation to review the specifics of your case and let you know whether you have a valid claim. Call our office today at (321)-503-4014 to reserve your appointment.