Knowing too well how insurance companies fight tooth and nail to discredit a claim or ensure the settlement is the least possible amount, we at Englander Peebles highly recommend that you pick the right attorneys to fight for you.
Our Coral Springs wrongful death lawyers are experienced in dealing with the insurance companies and their legal support teams. We shall use all available resources to ensure that you are duly compensated for your loved one’s death.
Our attorneys value the need to help the surviving families cope during such a difficult time while ensuring the responsible parties are held accountable. Call us today at (954) 231-1384 to speak to a reputable injury attorney and schedule a free case evaluation.
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How Is Wrongful Death Defined In The State Of Florida?
The Florida Wrongful Death Act states that people can file a lawsuit against the party responsible for a loved one’s demise due to a wrongful act, negligence, fraud, or breach of contract or warranty. Wrongful death can occur in instances such as:
- The use of defective products (such as electronic, drugs, packaged/processed foods, medical devices, vehicles, machinery)
- Medical malpractice attributed to issues such as medication error, misdiagnosis, and surgical mistakes
- Criminal acts including premeditated murder
- Work-related accidents and premise liabilities
- Road accidents like hit-and-run and DUI
If you want to improve your chances of ensuring you are compensated for your loved one’s untimely demise and justice is served, it would be best to hire a reputable attorney in Coral Springs, Florida, to handle your case.
Who Qualifies To File A Wrongful Death Lawsuit In Florida?
If you believe lost a loved one prematurely in Coral Springs, Fl, some parameters determine if you are eligible to file a wrongful death case. According to the Florida Wrongful Death Act, you must be a personal representative of the deceased. A personal representative is usually related to the deceased, such as a parent, spouse, child, relative.
Keep in mind that a personal representative is legally expected to transfer the recovered damages to the surviving family. Our lawyers will help the personal representative fulfill the deceased’s wishes, as stated in his or her will in the disbursement of the deceased’s estate’s entirety.
What Types Of Damages Can I Recover In a Wrongful Death Claim?
According to the Florida Wrongful Death Act, claimants can file a lawsuit and compensation claim seeking to recover damages amounting to the deceased’s full value of life without exempting possible decedents’ expenses if their loved one has survived. If the surviving family comprises a spouse and children, the spouse gets a third of the damages, and the remaining proceeds are divided among the kids.
When you reach out to Englander Peebles to handle your wrongful death lawsuit, we shall strive to recover both tangible and intangible damages. The recovered damages can include medical costs, funeral and burial expenses, lost wages (family income), and the pain and suffering attributed to the loved one’s untimely demise. We also may request punitive damages but if applicable to your case and based on reasonable evidence.
Can The Deceased’s Kin File For Punitive Damages?
While the surviving family might not always be able to file for punitive damages, they can pursue compensation for such losses by having them validated in connection to survival actions. As such, our legal team will strive to prove to the court that the defendant’s actions were reckless, negligent, intentional, or grossly indifferent to the wellbeing of others, and it is such conduct that led to the death of your relative. The court may award punitive damages as further punishment for the defendant’s behavior and serve as a deterrent for others who might think of doing the same.
How Is Negligence Proven In A Wrongful Death Case?
The team handling your lawsuit will give strong evidence supporting your wrongful death claim, thus improving the chances of winning. We shall show to the court the party responsible for your loved one’s death negligently. Some of the factors that we shall present in the lawsuit will demonstrate the following:
The Duty of Care
We will build a case to show the defendant owed the deceased a duty of care, meaning the party responsible was obligated to adhere to rules and ensure others’ safety and wellbeing. An example of duty of care is a driver’s responsibility to follow traffic laws.
Breach of Duty of Care
To win a wrongful death case, the claimant must prove the defendant failed to honor (breached or violated) the owed duty of care. This step may involve examples of how another person in the same situation would have acted appropriately. In the case of a car accident, driving while intoxicated would be a breach of a driver’s duty of care.
We also will work to show the court that the accused’s actions, and not some other cause, resulted in your loved one’s death.
Finally, we will present evidence to show surviving family members suffered losses, such as loss of companionship and funeral bills, because of the wrongful death.
How Do You Start A Wrongful Death Claim In Florida?
Pursuing any lawsuit can be challenging, especially when you lack legal knowledge and skills. That is why it is best to consider the advice and guidance of a seasoned and reputable wrongful death attorney. At Englander Peebles, we shall fight for you and ensure you justice is serviced for your deceased family member.
Our lawyers will help you come up with a will or estate plan if one had not been drafted. Your attorney and the team will also investigate the true nature of what caused the death to determine your eligibility to file the wrongful death lawsuit. We shall gather the necessary evidence and compile the necessary documents to ensure we file your case within the shortest time possible.
Is There A Difference Between A Wrongful Death Claim And An Estate Claim?
An estate claim has an interdependent standing in a wrongful death lawsuit, meaning it can be pursued independently or included in a wrongful death claim case. To help you understand this, we can handle your lawsuit while helping you recover monetary damages for loss of consortium, lost income, work-related benefits, and intangible benefits like parental love, care, and responsibilities, as well as spousal companionship, among others. The estate claim will focus on reimbursement of financial damages like medical expenses, funeral, and burial expenses.
Call The Coral Springs Wrongful Death Lawyers At Englander Peebles
You or your family could be eligible to seek compensation for the untimely demise of your loved one to the actions (deliberate, negligent, or reckless) of another. The wrongful death lawsuit will be handled in a civil court, hence the need to work with established lawyers that have experience in handling wrongful death cases.
Let us at Englander Peebles be the professionals that take on the defendant’s legal team and insurance company, ensuring that justice is served on behalf of your deceased loved one. Contact us today at (954) 231-1384 to learn more and schedule a free case evaluation.