Going through the aftermath of an accident is a stressful time in anyone’s life. When that accident results in the death of a loved one, the situation is amplified beyond compare. While nothing can heal the hurt you are feeling, you may be entitled to damages to help ease the hardships that occur when a loved one unexpectedly dies due to the negligence of someone else. It is essential to have a sensitive accident attorney on hand to navigate the next steps to see whether you may be entitled to damages by filing a wrongful death lawsuit. Here is what you should know about wrongful death lawsuits and how to file them.
What is a wrongful death lawsuit?
A wrongful death lawsuit claims that a person or party was negligent and contributed or caused the death of a person. A wrongful death lawsuit is filed in civil court and handled separately from a criminal case involving the negligent party. In other words, the negligent party could be on trial for breaking the law and have a court case suing for damages and compensation to the victim’s family due to the passing of their loved one. Typical scenarios where a family member may want to file a wrongful death lawsuit include:
- A fatal car crash
- Pet attacks
- Negligent behavior from medical personnel or care providers
- Property owners
- Manufacturers of defective products
When should you file a wrongful death lawsuit?
A family member or representative may file a wrongful death lawsuit up to two years after the death of the loved one. They can be filed any time a victim is intentionally killed by wrongful or negligent behavior. This could include claims where misdiagnosis or inadequate treatment led to the eventual passing of a person or a fatal car crash when the other driver was impaired. One factor that must be present in a wrongful death lawsuit is that the defendant must show that they had a duty to provide care to the victim and breached that duty.
Who can file a wrongful death claim?
A wrongful death lawsuit is filed by a deceased’s family member, estate representative, or accident attorney on behalf of the surviving family members. Family members who may be eligible for damages and compensation may include the surviving spouse, parents, partners, and children under 25. Other family members may be entitled to damages if they show they were financially dependent on the victim. Any family member with interest in the results of the suit should be named when the complaint is filed.
Settling a wrongful death lawsuit
A wrongful death lawsuit aims to help ease the surviving family members in the recovery of life without their loved one. While no monetary value can replace the family member who is gone, there are many expenses and costs associated with an unexpected and accidental death in the family. Compensation as the result of a wrongful death case may cover funeral and medical expenses, as well as lost wages. There may also be provisions for emotional and mental suffering as well as educational and recurring expenses.
Wrongful death accident attorneys in Ocala
The King Law Firm has experienced accident attorneys in Ocala, Florida. Filing a wrongful death claim is a complicated process. Our team will assist you in filing this type of lawsuit. Schedule your free consultation in your home, at our law offices, or another convenient location by calling (352)269-5314. Or, leave us a message here.