The complexities of a wrongful death suit can be challenging for families to take on after a tragic loss. Some factors can either make or break a case which may cause even more pressure or stress after such an event. Wrongful death suits can surface in several ways including a car accident, medical malpractice, premise liability, or even murder. At King Law, we have seen several types of wrongful death cases come through our office. If you believe negligence has played a role in your situation, we hope that you give us a call to discuss your options.
In this article, we will cover some of the most frequently asked questions when it comes to these types of cases, and explain a little more about what a Fort Myers wrongful death lawyer can help you with.
What is a wrongful death lawsuit?
When a death occurs as a result of some kind of intentional or unintentional negligence, the person at fault can be found guilty of wrongful death. Wrongful death lawsuits are usually tried as a civil case and place the actions (or inactions) of a person under examination. Murder can be tried as wrongful death, (such as with the OJ Simpson trial) but it is typically handled as a criminal case.
What are some examples of wrongful death cases?
We have discussed a few possibilities of the kind of claims that are considered wrongful death cases. Other examples include the result of a DUI, malpractice by a healthcare provider or facility, accidents in the workplace, a product malfunction, or an altercation among individuals. Evidence is required to bring a suit in any of these examples and will differ from case to case. In general, however, if a death resulted from negligence chances are it can be considered a wrongful death claim.
If the victim is deceased, who would bring a wrongful death case?
In Florida, the surviving members of the deceased person are the only persons who can file a wrongful death claim. A spouse or parent are usually the individuals who file this sort of suit, but children have also been known to start wrongful death lawsuits.
In regards to compensation, what kind of damages are involved in this kind of claim?
Families can seek various forms of damages in wrongful death cases to help them pay for fundamental costs, like funerals and medical bills. Other expenses can be explored, however, that are less obvious such as the future earning potential of the deceased person or the general financial support they contributed to the family unit. If your wrongful death attorney in Fort Myers builds a compelling case, you may also be awarded damages for pain and suffering, emotional distress and the significance of losing a companion.
What has to be proven in a wrongful death claim?
In a successful claim, a Fort Myers wrongful death attorney will help you prove that your loved one’s death was the result of the action or inaction of the other party. Your lawyer will also provide various forms of evidence that shows how the defendant contributed to the death. A compelling case will also illustrate how the death has impacted the family financially and emotionally.
What is the statute of limitations on wrongful death claims?
Unless the case is deemed a homicide, you will only have two years to bring a wrongful death suit from the day of your family member’s death. While two years might seem like a reasonable amount of time, you will need to take a few things into consideration. Your Fort Myers wrongful death lawyer will need to do an investigation on your case and seek evidence to build a substantial claim. This can take time, especially if other parties involved are not acting quickly. Also consider, after the death of a loved one, you may find it challenging to learn and hear the details of the case. You may need time to handle other affairs and settle into a radically different life.
Why Work with a Fort Myers Wrongful Death Attorney
An experienced lawyer in these types of claims can prove invaluable at a time of tragic loss. Not only can they manage your case and take on a bulk of the stress and pressure, but they can fully explain the legal jargon and processes to help you win your case. Here are just some of the other services an attorney will provide.
- Investigate and Collect Evidence – One of the most critical pieces to your wrongful death case will be to investigate the claim and collect the evidence needed to prove negligence. Unfortunately, it is your duty (as the plaintiff) to prove that negligence caused your loved one’s death. The defendant doesn’t have this burden of proof since they are innocent until proven guilty. The burden of proof falls on the plaintiff, which can be a harder set of facts to back up.
- Communicate on Your Behalf – Your attorney will be tasked with working with the court and other legal professionals involved in your case. This means they will do the bulk of the phone calls and emails, and communicate that information back to you. This is especially welcomed at a time when you are doing your best to press forward with your life.
- Legal Resources and Network of Specialists – Your lawyer should have plenty of legal resources and specialists to work with in trying to build your case. This could involve private investigators, accident specialists, and other legal professionals who can testify on your behalf.
- Go to Trial – Wrongful death claims are solved in two ways; a settlement or trial. If your case cannot be settled before the court date, then your Fort Myers wrongful death lawyer will attend court and walk you through the entire process. This should give you peace of mind and confidence knowing you’re not on your own.
Are you ready to pursue a wrongful death case in Fort Myers? King law would be happy to listen to the details of your claim and we encourage you to call or connect with us to set up an appointment.