Dealing with the loss of a loved one is always challenging. When that death is the result of someone else’s negligence or carelessness, it can be even harder. Those left behind can feel frustrated, angry, and sad; on top of that, they may be exposed financially.
While the state may file a homicide charge in some circumstances, many people who cause someone’s death will never face prosecution. Furthermore, while a successful criminal case can feel like justice has been served, it does not address the survivors’ financial vulnerability. A Port St. John wrongful death lawyer could help you explore your options, including filing an insurance claim or, if necessary, a personal injury lawsuit.
A wrongful death claim requires there to be evidence of negligence. The survivors—typically close family members—bring a lawsuit against the person responsible for the death. The damages, or monetary recovery, approximate what they lost when their relative passed. Damages can include easily measured things, such as lost wages. They may also include compensation for non-monetary losses that are more difficult to measure, such as loss of companionship.
A wrongful death attorney can explain Fla. Stat. § 768.21, which describes the requirements for filing a claim in Port St. John. Under the law, the following people may bring a wrongful death suit:
Not every person can file a suit in every situation. Some people, such as adult children of a deceased parent or parents of deceased adult children, can only file if there are no other survivors.
According to state law, the court may consider several factors, most of which relate to how financially dependent a survivor was on the deceased. These may include how much income the deceased had, how much of those earnings went to supporting the survivor, and how long the survivor could have expected to receive that financial support.
The court might also look at non-financial support the survivor would have received as well as the replacement value of hiring someone to provide that same support. The court also considers the life expectancies of the deceased and the survivor to determine how long that support could have been provided. A wrongful death attorney in Port St. John could lay out the possible monetary and non-monetary awards available to a surviving family member.
In some situations, determining who was responsible for a death is straightforward, as is often the case with a drunk driver. At other times, proving liability can be more challenging. In some motor vehicle accidents, for example, the fault may lie with the reckless actions of another driver or with faulty equipment in the car itself.
When a person dies at work, their workers’ compensation insurance may provide death benefits without the need to establish fault. A wrongful death may also result from negligence by multiple people or organizations, such as negligent trucker and their employer. In Port St. John, an attorney could help discover who is responsible for a wrongful death.
In many instances, these cases involve substantial research and untangling complex relationships. However, you are dealing with grief over the loss of a loved one. That is why it is essential to seek representation as quickly as possible. One of the primary jobs of a Port St. John wrongful death lawyer is identifying who is responsible for the death. Once we identify the responsible party, we can advise you on potential remedies. Schedule a consultation with The Umansky Law Firm today.
The Umansky Law Firm Criminal Defense & Injury Attorneys
