Wrongful Death

If you’ve experienced the death of a loved one, engaging in a court battle for compensation may be the furthest thing from your mind, or it may be the only thing you can think about. We all grieve in our own ways, and you’re going through a terrible ordeal. Choosing to seek compensation for the wrongful death of a loved one won’t bring them back, but it can help cover funeral expenses and lost pay or benefits that would have gone toward the household. Wrongful death settlements can also offer compensation for non-economic, or pain and suffering, damages that include loss of companionship and guidance that the loved one would have provided.

A wrongful death that happened as a result of someone else’s negligence, recklessness, or intentional behavior is often sudden, leaving the family members with an incredible amount of grief. Seeking a settlement can feel wrong, but it can also hold the person responsible and help ease some of the financial burden that resulted from the death.

In a wrongful death case, the personal representative will act as the plaintiff on behalf of the family. Any damages recovered by the personal representative will go to benefit the victim’s surviving family or go to their estate.

A wrongful death can occur as a result of a car accident, dangerous or defective products, unsafe working conditions, medical malpractice, unsafe conditions in a commercial or residential space, and pedestrian and bicycle accidents, among others. 

Criteria for a wrongful death case:

  • The defendant’s behavior that resulted in the victim’s death was reckless, negligent, or intentional
  • Had the victim survived, they would have been eligible to bring a case against the defendant.
  • A personal representative is identified that can act on behalf of the victim’s family and estate.
  • The loss of the victim resulted in the loss of financial or personal support for the family.

If you believe that your loved one died as a result of someone else’s negligence or recklessness or as an result of an intentional act, you may be able to get financial compensation that would cover the following:

  • Funeral Expenses: The family of the victim can seek compensation for funeral expenses.
  • Medical Expenses: Medical expenses include hospital stays, medications, exams, tests, physical therapy, and more, even if the victim did not survive. 
  • Lost Wages: The death of a loved one can have financial consequences for those that depend on them financially. A settlement can offer compensation for lost future wages that would have benefited those that depended on the victim.
  • Emotional Harm: After the death of a loved one, the family is often left with emotional harm and may be able to receive compensation for pain and suffering or therapy to handle the emotional issues that arose from the loss. A settlement may pay for the emotional harm done to family members who are affected.

Seeking damages for a wrongful death won’t bring your loved one back, but it can ease some of the financial burden brought on by their passing. Attorney Garnes is an experienced Florida wrongful death attorney who will walk you through the process with compassion and understanding.

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