Wrongful Death Lawyer Fort Lauderdale
According to the Centers for Disease Control and Prevention (CDC), there are approximately 170,000 unintentional injury deaths in the U.S. each year. This is the third leading cause of death in the nation. Unfortunately, many of those deaths are due to the negligent and careless actions of another person or party. For those that have lost a loved one to wrongful death, it can be devastating. Not only do you have to deal with the anguish and heartbreak of the death of a family member, but you also have to navigate a new life without the financial and emotional support that may have been previously available. Additionally, many wrongful deaths lead to expensive medical bills and funeral costs. Though litigation cannot heal the wounds that you have suffered, it may provide an opportunity to seek financial compensation to help you and your family while transitioning and getting acclimated to your new life. If your family member was killed due to the negligent actions of another person, it is recommended that you seek the counsel of an experienced wrongful death lawyer in Fort Lauderdale. At the law office of Charles Legal, PLLC, we are compassionate, aggressive, and ready to fight for your right to be compensated for the wrongful death of your loved one. Contact us to schedule your free, no-hassle, initial consultation today.
How a Wrongful Death Can Occur
Humans are strong and vulnerable at the same time. Wrongful death can happen to anyone, anywhere, at just about any time. A wrongful death occurs when a person is killed due to the negligent actions, carelessness, or misconduct of another person or party. Many states have enacted laws that address businesses (hospitals, manufacturers, etc.) duty to act in a thoughtful manner and be professionally responsible. However, wrongful deaths still occur at an alarming rate. Listed below are some of the more common ways that happen.
- Medical Malpractice: Wrongful death lawsuits can occur due to negligent behavior from hospital workers including surgical errors, misdiagnosis, premature discharge, administering fatal doses of anesthesia, birth injuries, etc.
- Car Accidents: Car accidents are regularly a leading cause of unintentional injury deaths in the U.S. Unfortunately, many accidents occur due to the negligence of another driver.
- Workplace Accidents: According to OSHA, the construction industry has the most workplace deaths each year. However, an unintentional death can happen at any job for a variety of reasons to include lack of safety equipment, poor training, general carelessness, inadequate safety signs, etc.
- Premise Liability: Premise liability deaths represent approximately 15 percent of all unintentional accident injuries in the United States. Premise liability can include slip and falls, electrocution, falling objects, etc.
Compensation For a Wrongful Death
The state of Florida allows for the personal representative of the deceases person’s estate to file a wrongful death claim. If a personal representative is not identified via a will or estate plan, the court will appoint a personal representative. It is important to note that the personal representative will file the wrongful death claim on behalf of the family as well as the deceased person’s estate. When the claim is filed, the representative must list each surviving family member that has an interest in the claim. Those that can potentially recover damages include:
- The surviving spouse, children, and/or parents of the deceased person
- Relatives related by blood or through adoption (siblings only) that is dependent on the services and/or support of the deceased person in part or in whole
If a child is born out of wedlock, the child is eligible to recover damages if it is their mother that dies. If their father dies, the surviving child can only recover compensation if the father legally recognized them as their child and was obligated to support the child. Contact a knowledgeable wrongful death attorney in Broward County to learn more about who is eligible to seek damages in your particular case. Surviving family members, as well as the deceased person’s estate, are eligible to seek the following types of damages:
- Lost income due to the death of the deceased (both current and prospective)
- Loss of companionship and/or emotional support
- Value of services rendered by the deceased (house/car repairs, rides to work, etc.)
- Medical and funeral expenses
- Pain and suffering
Working With a Wrongful Death Lawyer in Fort Lauderdale
The death of a family member is difficult for everyone involved. This is truer when it was caused by the negligence and/or carelessness of another person or party. Filing a wrongful death claim without the help of an experienced wrongful death lawyer in Broward County can be a recipe for disaster. An attorney can help you and your family to determine the damages that you are entitled too. Furthermore, the insurance company lawyers are determined to win every case at all costs. They will not go easy on you if you are not represented by a formidable wrongful death lawyer in Fort Lauderdale. Remember, the statute of limitations for filing a wrongful death claim in Florida is two years after the date of the death of your family member. So, time is of the essence. Give the law offices of Charles Legal, PLLC for your free consultation today.