Coming to terms with an unexpected death is a challenging and stressful experience. Feelings of grief and loss may be heightened if your loved one’s death was avoidable.
If your loved one died due to the negligent behavior of an individual or organization, you may be able to pursue them for compensation in a wrongful death suit.
A Spring Hill wrongful death lawyer from Distasio Law Firm may be able to help your family during this difficult time. For personal service with a client-first approach, call an experienced injury attorney from Distasio Law Firm today. We offer a free consultation to give you answers about your legal options.
Circumstances That May Be Covered by Wrongful Death
A wrongful death suit may cover any incident where a negligent act caused or contributed to someone’s death. Wrongful death incidents can include:
- Medical malpractice cases: when a patient dies because the medical care they received fell well below the usual standard. Medical malpractice cases may be contingent on a third-party medical expert testifying that the care administered in the incident was below standard.
- Slip and falls: under premises laws, an owner could be responsible for a wrongful death if the incident was caused by a known problem that they failed to fix.
- Automobile accidents: distracted driving, driving while intoxicated, and speeding are all examples of negligent actions that can lead to a wrongful death in an automobile accident.
- Nursing home abuse: a poor level of care or intentional negligence can lead to a wrongful death in a nursing home.
- Defective products: when a defective product malfunctions, it could cause significant injuries or death. An example of this is a car manufacturer who knows that there may be a problem with a braking system or the tires and fails to notify customers.
These are not the only circumstances that could create a wrongful death case. If you believe your loved one’s death was the fault of another party’s negligence, contact Distasio Law Firm today.
Who Can File a Wrongful Death Suit?
There are limitations on who can file a wrongful death suit. Under Florida law, the beneficiaries or survivors, as they are often referred to, include:
- Minor children (under the age of 25)
- Adult children
- Other family members, in certain situations
A representative of the Distasio Law Firm can discuss your eligibility for wrongful death benefits when you contact us for a free consultation.
Compensation in a Wrongful Death Case
The aim of a wrongful death case is to remove the financial burden from the grieving family and make the accountable party responsible for any costs that stem from their actions.
Depending on their relationship with the victim, a judge may award surviving family members in a wrongful death case compensation for:
- Medical costs leading up to the death
- Funeral costs
- Loss of future income
- Loss of parental guidance
- Loss of consortium
- Pain and suffering
While the compensation in a wrongful death claim can never replace your loved one, it can provide your family security and prevent negligent parties from harming others in the future.
A tenacious wrongful death lawyer in Spring Hill from Distasio Law Firm may be able to hold the individual or organization responsible for your loved one’s death accountable. To find out more about our personal approach to client service, call us today.
Proving a Wrongful Death Case
To secure compensation in a wrongful death case, it is not enough to simply link the defendant to your loved one’s death. In this type of legal action, the plaintiff must typically produce evidence that:
- The defendant owed the victim a duty of care, such as a reasonable standard of medical care or safe shared use of a roadway
- The defendant’s actions were negligent or intentional
- This negligence caused the wrongful death of your loved one
- Finally, you must produce evidence of the value of your losses for the court to decide how much to compensate you for
A proactive Spring Hill wrongful death attorney from Distasio Law Firm may be able to secure the evidence necessary to prove these components of your family’s wrongful death case.
In addition to evidence gathered at the scene of death, our team may be able to secure:
- New witness statements
- Security of CCTV footage, if available
- Testimony from accident reconstruction or medical experts
- Evidence requested from the other parties involved
A capable legal professional can also handle paperwork, manage deadlines, and directly negotiate with the insurance companies on your behalf, giving you and your family a respite from the legal proceedings.
Speak with a Spring Hill Wrongful Death Attorney Today
There is a lot to consider following the death of a loved one and pursuing legal action may not be your top priority. However, if you put off filing a claim for too long, you may lose your right to compensation.
Under Florida statute, you have two years from the date of death to file a wrongful death claim. If the wrongful death resulted from medical malpractice, you have two years from the date that you found out about any wrongdoing, but not longer than four years after the date of death.
We recommend that you seek legal advice much sooner than this. This will allow a lawyer to gather evidence while it is still fresh and ensure that you do not miss any important legal deadlines.
To find out how a Spring Hill wrongful death lawyer can support your family, call today. Consultation calls are free, and our firm operates on a contingency-fee basis, meaning your family pays nothing for our representation in your wrongful death case unless you win.