Wrongful Death Attorney in Winter Haven
The death of a loved one is a devastating situation no one should have to experience. Unfortunately, accidents happen and fatalities may be the result. Sometimes, those accidents are caused by the reckless or negligent actions of another individual.
If your loved one was a victim of such circumstances, you could benefit from a wrongful accident attorney in Winter Haven. Abercrombie, P.A may be able to help you receive compensation for your loss. Although no amount of money can bring back your loved one, the compensation could help you recover.
What is a Wrongful Death Accident?
A wrongful death accident is an accident that could result in a wrongful death claim. When a wrongful death occurs, negligence was the cause of the incident. Had someone been more cautious, the death would not have occurred.
Wrongful death claims are civil lawsuits that you can file against the negligent party. Although the case can go to court, it is not the same as a criminal case. Upon resolution of the case, the individual receives no jail time. Instead, they may be responsible for paying for the damages caused by their negligence.
In some situations, an individual faces both a wrongful death claim and criminal charges. But the outcome of one case does not depend on the outcome of the other. For example, someone could be declared innocent in a criminal case. But the civil case could end with them paying compensation to the victim’s family.
Who Can File Wrongful Death Claims?
There are limitations to who can file wrongful death claims. In Florida, only the dependent of the deceased can file a claim. Usually, the spouses and children receive first rights to claim. But non-married partners, parents, siblings, and other relatives may also have the right.
Not every death can result in a successful wrongful death claim. This is due to the fact that the situation must meet specific requirements. For instance, suffering by the dependent is a requirement. A spouse could lose the sole breadwinner of the family, for instance, or an elderly parent could lose their caretaker.
Bear in mind that you only have a certain amount of time to file. As there are with many other lawsuits, there are statutes of limitations to prevent people from filing their claim after a certain period. According to Florida law, you only have two years from the incident to file your claim. That timeline can vary depending on your circumstances.
If you lost a loved one in an accident, it is likely that you suffered both financially and emotionally. A wrongful death claim could be a way to recover some of your losses. By speaking to an attorney, you can learn more about your options.
Damages in Wrongful Death Claims
When you lose a loved one, your life changes in many ways. You could take a financial hit, lose companionship, and suffer in other ways. With a wrongful death claim, you can recover some of those damages.
There are two ways in which you can receive damages for your claim. First, you can resolve the case in negotiations. Your lawyer could negotiate with opposing counsel to come up with a settlement.
Secondly, your case could go to court. If this happens, the court determines how much compensation you receive. They review your case and calculate all of the damages. Of course, it’s all based on evidence and testimony. Your lawyer must provide proof that shows the other party was negligent and caused the death. Additionally, they must show evidence of the expenses and suffering that came with the death.
As the court calculates a fair number, they consider all of the following details:
1. Funeral Expenses
Some people underestimate the cost of funerals. When an unexpected death occurs, the family is not always ready for the cost of a funeral. You shouldn’t have to settle for less than your loved one deserves. With a claim, you may receive money to cover the funeral expenses.
2. Lost Wages and Future Earnings
The median household income in Winter Haven is $41,790.00. If one of the earners in the household loses their life, the other partner could struggle to make ends meet. Your claim could result in payment for lost wages and lost future earnings that your partner would have made.
3. Medical Expenses
In some wrongful accidents, the victim receives medical care before they pass away. Often, those bills are expensive. You might be eligible for compensation for their medical bills, medication, and other related expenses.
It’s important to note that the medical expenses need to be directly related to the wrongful accident. If there are unrelated medical bills, you are unlikely to receive any money for them.
4. Noneconomic Damages
Sometimes, your loss is hard to measure. This is true for people who lose companionship or guidance. In most situations, the victim’s family has extreme grief. Noneconomic damages can get you compensation for emotional suffering. In rare cases, you might receive punitive damages. However, this is reserved for extreme cases of wrongful death.
Taking Legal Action
In Winter Haven, 43.8% of the population is married. When a spouse or parent dies, the whole family suffers. But a personal injury attorney in Winter Haven could help. You can learn about your options for taking legal action. Then, you can have a professional take you through the difficult process.
The process isn’t an easy one, but it is usually worthwhile. Typically, wrongful death cases take some time to resolve. When you have strong evidence against the opposing party, you have a better chance at a quick resolution. You may be able to resolve the case out of court and in a short time. However, other cases are more complex. They require a little more time to resolve.
Receiving compensation for a wrongful death can be a long and difficult process. Here at Abercrombie, P.A, we can assist you. Our firm understands the high emotions that come with wrongful death claims. We treat your case with the care it deserves and always take your emotions into consideration. To learn more about working with us, contact our office.