Losing a loved one is one of the hardest things you can go through. The emotional trauma can be even worse when you know a reckless person caused their death. While you and your family are grieving, you may be struggling to manage funeral and burial expenses. If the deceased was the primary breadwinner in your family, you may even be struggling with everyday expenses like groceries or rent.
State law allows you to file a lawsuit against the parties responsible for your loved one’s death. While this may be a great way to recover compensation, pursuing a legal claim may be too much to handle during this already difficult time.
Fortunately, our compassionate accident attorneys can manage every aspect of your claim and help you hold the responsible parties accountable for your losses. Consider speaking with our Riverview wrongful death lawyers today to learn more about your legal options after losing someone in a fatal accident.
Common Types of Fatal Accidents in Riverview
Nearly any type of severe accident could result in fatal injuries. However, some of the most common wrongful death cases that our local attorneys handle involve:
- Motor vehicle collisions
- Pedestrian accidents
- Bicycle accidents
- Defective product accidents
- Premises liability
- Nursing home abuse
If you do not know whether your situation justifies a wrongful death claim, it is important to seek legal help immediately.
What is a Wrongful Death Action?
A wrongful death action is a type of civil lawsuit that occurs when a person has died as the result of another party’s negligence. Florida Statutes § 768.19 outlines when it is appropriate to file a wrongful death case. However, only certain people are permitted to file a wrongful death lawsuit.
Under state law, parties who may file a fatal accident claim include the personal representative of the estate or the heirs of the deceased person. This typically includes family members of the decedent, such as the spouse, children, or even siblings and parents in certain situations. Determining who is suitable to file a wrongful death lawsuit is complicated, but a qualified attorney can help you determine whether you have the right to pursue a case.
Determining Fault in a Fatal Accident Claim
To prove a claim of wrongful death against the other party, you must show that their negligence was the cause of your loved one’s death. To establish this liability, your attorney will present evidence that demonstrates:
- The defendant owed your loved one a duty of reasonable care
- The defendant breached that duty
- The breach caused an accident
- Your loved one passed away as a result of the accident
Once negligence is determined, you can recover compensation from the liable party. Our attorneys are familiar with the legal concept of negligence and can help you prove fault in your wrongful death case.
What Compensation is Obtainable in Wrongful Death Claims?
The potential compensation available to you after a successful wrongful death claim will ultimately depend on the unique facts of your case. However, certain types of monetary damages are generally available in most claims. You may recover compensation for economic and non-economic losses, such as:
- Medical expenses
- Property damage
- Funeral expenses
- Pain and suffering
- Loss of consortium
The amount and types of compensation available in your particular claim will depend greatly on the unique circumstances of the case. Our team of Riverview lawyers can fight for the maximum amount of compensation on your family’s behalf.
How Can a Lawyer Help with Fatal Accident Case?
Wrongful death actions are complicated, even in cases where the other party’s liability seems clear. These claims require establishing the defendant’s fault in causing the accident and how it led to your loved one’s death. Additionally, you must provide evidence of your damages in order to collect adequate compensation.
Although you are legally allowed to file a civil claim without a lawyer, we do not recommend it. Failure to abide by the strict legal rules surrounding wrongful death claims can hurt your case and limit your potential compensation. Attorney Mike Hancock and our legal team can inform you of all the statutes governing your wrongful death case. Additionally, we can ensure your case is filed before the legal deadline.
Call Our Riverview Wrongful Death Attorneys for Help with Your Case
If you recently lost a loved one in an accident, you should consult an experienced attorney who is well-versed in this area of the law. Specific requirements must be met to win compensation after a fatal accident. To learn more, contact our Riverview wrongful death lawyers today to set up a free consultation.