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    The Ultimate Guide to Wrongful Death Claims

    Accident victims can pursue damages for injuries and other costs related to the incident, but what if the accident is fatal? In wrongful death claims, an expert wrongful death lawyer helps surviving family members bring a claim or file suit to win compensation from those liable for the death of a loved one. 

    Wrongful death happens when someone or an organization fails in their legal responsibility, and someone dies as a result. It can also happen who someone acts intentionally and kills someone, whether they intended to kill them or not.

    There are many causes of wrongful deaths each year in America. But, sadly, people die every day because businesses fail to perform property maintenance or are negligent in their security efforts to protect customers and other guests. 

    Wrongful death happens when property owners fail to post signs of hazards or prevent guests from accessing dangerous construction sites. Serious accidents often result in death, leaving families picking up the pieces. 

    Click here to speak with an attorney. We’re here to offer you the support you and your family need.

    Speaking to a wrongful death lawyer specializing in wrongful death claims can help you know whether you can seek damages after the death of a loved one. Knowing if you have a case is the first step in winning the compensation your family deserves. 

    Here is your ultimate guide to wrongful death claims. 

    What Is Wrongful Death?

    People die in accidents, but those accidents frequently happen when an entity or individual fails in their legal responsibility. 

    For example, a company is legally responsible for providing safe conditions for its visitors or customers. If a business knows or should know of a hazard on its property and fails to eliminate it or warn visitors, and someone is injured, they may be held liable.

    It’s always hard to lose a loved one, especially if you feel like it was due to someone else’s mistake or negligence on the part of a business or organization. 

    However, proving a wrongful death claim is usually complex. In this case, the deceased person’s family must prove that what happened rises to wrongful death. 

    Here’s what you typically need to show in a wrongful death claim:

    • Death results from a someone’s negligence or wrongful actions (negligence or intentional act)
    • The actions or negligence directly caused the death.
    • The death caused damages (financial, emotional, physical, etc.)

    Proving these is often challenging because businesses and other entities will fight against your claim. In response, working with an expert wrongful death lawyer is often the best way to win the compensation you and your family deserve. 

    In Florida, like many other states, wrongful death is governed by a series of statutes that specify who can bring a case and what the restrictions are.  In Florida it is Florida Statutes section 768, Florida’s Wrongful Death Act.

    Common Types of Wrongful Death Claims

    The most common forms of wrongful death claims include the following:

    • Negligent wrongful death claims
    • Intentional wrongful death claims
    • Medical malpractice wrongful death claims

    Intentional Wrongful Death Claims

    Most wrongful death claims are tied to negligence, while intentional acts involve murder or assault that end in death. 

    One example is when a fight escalates, and someone’s injuries eventually kill them. 

    Negligent Wrongful Death Claims

    However, wrongful death tied to negligence is more common. Here are some common types of negligent wrongful death claims:

    These are typically bad situations gone wrong. When someone’s carelessness leads to another person’s death, they are liable to pay damages related to the incident. 

    An excellent example of this is a dog attack that kills a child. If a person’s dog gets out, attacks a young child, and kills him or her, they must pay compensation for a wrongful death claim. 

    Professional Tip – It’s challenging to sue an employer for wrongful death when an accident happens while working. These types of deaths are typically covered by workers’ compensation claims instead, which provides an exclusive remedy for workplace injuries and death. 

    Medical Malpractice

    Doctors and other medical professionals have a duty to provide the best possible care to patients in ways that avoid harm or unnecessary death. 

    Unfortunately, health care providers and hospitals sometimes make mistakes that kill people. For instance, incorrect prescriptions or mistakes in surgery result in death. Preventable medical mistakes are the third leading cause of death in the United States.

    In the medical world, professionals must deliver a standard of care patients would reasonably expect across the industry. When a physician or hospital falls below that standard of care intentionally or due to negligence, they’re liable for damages. 

    Who Can File a Wrongful Death Claim?

    Many family members feel angry and confused after someone dies. Emotions, though entirely normal, can cloud how people approach seeking damages. 

    Knowing who can file a claim and how to file it is essential. Depending on the case and facts, generally the following people can file a wrongful death claim:

    • A spouse
    • Parents
    • Children
    • Immediate family members
    • Estate representative

    Speaking to a wrongful death lawyer will help you know who can file a claim and how to approach the case most effectively. In many cases, laws around who can file and when are determined at the state level, so find an attorney in your state to learn more. 

    The Difference Between a Wrongful Death Claim & Personal Injury

    The main difference between a wrongful death claim and a personal injury lawsuit is that someone died. 

    Personal injury claims typically involve the person injured and their lawyers. They file a lawsuit after a fall or accident and seek a settlement payment via negotiations or in court. Any compensation awarded usually covers things like medical bills, lost income, and long-term pain and suffering. 

    However, close family relatives handle wrongful death claims because the victim is deceased. They, along with their legal team, seek compensation for costs for the above expenses up until the time of death. In addition, the family can sue for the future impact of the death, like loss of income, emotional pain and suffering, loss of parental support, and other related damages. 

    How to File a Claim with a Wrongful Death Lawyer

    Filing a lawsuit, especially one tied to the wrongful death of a family member, is not something people do regularly. 

    The legal process is confusing, and there is a lot of paperwork and litigation to navigate. Filing a lawsuit with an expert wrongful death lawyer makes things much more manageable. Here are some factors to consider:

    The Statute of Limitations

    Not everyone files a wrongful death lawsuit immediately after someone dies. It takes time for the family to process emotions, handle funeral arrangements, and gather themselves before their next steps. 

    Statutes of limitations vary by state, but most have a two-year limit from the time of the accident or the time when the family discovered some negligent or intentional act that led to their family member’s death. In Florida the statute of limitations is one year but in cruise ship cases it is usually as little as one year based on the contract (ticket).

    Assigning Liability

    Deciding who to sue or name in your claim is a significant part of any wrongful death suit. Again, a wrongful death lawyer will work with you to gather evidence and assign liability to responsible parties. 

    For example, liable parties can include:

    These are just some possible liable parties in a wrongful death claim. 

    Jurisdiction

    Families must generally file wrongful death lawsuits where the case happened. Whichever court has jurisdiction over the case must receive the claim in time with the proper paperwork. 

    Settlement Negotiations

    Once you file a claim, you and your lawyer may attempt to settle the case out of court. Negotiations and your lawyer’s experience have a significant impact on settlement outcomes. Working with the right attorney can mean a difference of millions of dollars, so you must choose a lawyer with experience and a proven track record. 

    Court

    If you can’t reach a satisfactory settlement, then your lawsuit will likely go to court. 

    How Much Should People Win in Compensation for Wrongful Death?

    It’s reasonable to wonder how much families can expect in a wrongful death lawsuit. After all, a breadwinner’s death in a car accident usually leaves the family reeling as they wonder what the future holds and how they will survive. 

    Death is always shocking, but doubly so when caused by someone’s negligence or intentional act. There are future expenses to pay for, emotional stress, and other costs. In addition, families must deal with medical costs from trying to keep their relatives alive for as long as possible. 

    Here are some of the categories a successful wrongful death claim should cover:

    Medical Bills

    Your claim should cover medical costs related to the accident up until the time of death. This can include ambulance trips, surgeries, medications, hospital stays, post-op care, and physical therapy. 

    Loss of Income

    Wrongful death claims should account for lost income while the victim was still alive and not working after the accident. It can also cover lost lifetime income for the family. 

    Loss of  Support and Services

    What type of role did the relative play in the family? What services did they provide? Again, a good wrongful death lawyer will help you win compensation for loss of services. 

    Funeral Costs

    Anyone liable for your family member’s death should contribute to the funeral costs. This can cover the casket, funeral venue, and other expenses. 

    Emotional Distress

    Liable parties should also pay for loss of companionship, trauma, etc. 

    Loss of parental Consortium and Guidance

    When a child loses a parent they lose the guidance and love (consortium) that the parents would provide for the rest of that child’s life.

    If you need attorneys for a wrongful death case, make sure you find a lawyer or firm that has substantial experience handling these cases.  Many lawyers who advertise as personal injury or wrongful death lawyers have handled or tried few if any substantial wrongful death cases.  These are complex and expensive cases to handle, as you are best served by having experienced, skilled and successful lawyers represent you.  You don’t want to be a lawyer’s test case or practice case.  Find out what verdicts and settlements they have obtained for clients in other cases, and whether they have litigated and tried wrongful death cases.

    Filing a Wrongful Death Lawsuit vs. a Criminal Case

    Is a wrongful death lawsuit the same as a criminal case? 

    Typically, the victim’s families must file a wrongful death claim separately from any criminal proceedings. 

    For example, if a drunk driver hits a car and kills someone, the state will likely file manslaughter or similar charges. In addition, they’ll typically seek jail time or some other form of legal punishment. 

    Civil cases like lawsuits are how families win compensation for the financial toll of the crime, and it’s a separate process that requires an expert wrongful death lawyer. 

    Another significant difference is that state or federal prosecutors must prove criminal charges beyond a reasonable doubt, meaning cases must be air-tight to win. 

    Civil cases, including wrongful death lawsuits, do not have to meet that standard. Instead, they have to demonstrate a preponderance of the evidence, or, in other words, enough proof that the defendant caused the death and damages were associated with it. 

    In several high-profile cases, a defendant was acquitted of murder but then found guilty in a civil matter and forced to pay large settlements. Click here for some examples.

    How to Find a Good Wrongful Death Lawyer

    When you can, you should reach out to a wrongful death lawyer to discuss how to approach your case. The earlier you find a good attorney, the better you protect your family after losing a loved one. 

    A skilled wrongful death lawyer will help you avoid mistakes in your case and win maximum compensation for the victims. Here’s what you should expect:

    Discovery

    Lawyers have the resources necessary to gather evidence for your cases. Whether talking to eyewitnesses or securing company records, they know where to build an ironclad case. 

    Settlement Negotiation

    Liable parties frequently offer fast settlements to families that pale compared to what they deserve. They want to avoid legal proceedings and save money, though they typically mask it in trying to do the right thing. 

    A good lawyer will calculate all the compensation you deserve and work to a fair settlement that leaves your family in a good position. 

    Court Experience

    You should hire a lawyer with courtroom experience in case you fail to reach a fair settlement. That means lawyers who have litigated and gone to trial in cases like yours.  You would be surprised how many personal injury lawyers do not spend time inside a courtroom.

    Case Management

    Importantly, your legal support team will handle correspondence, paperwork, and deadlines related to your wrongful death lawsuit, so you can focus on your family and grieve. 

    At Leighton Panoff Law, we help families of wrongful death victims win the compensation they deserve after the death of a family member. Our experience in representing families in wrongful death cases is extensive and spans 38 years.  If you or someone you know needs to speak with a wrongful death lawyer, schedule a free consultation with our team to hear whether you have a claim and what you should do next. 

    What is considered a wrongful death?

    Wrongful death occurs when someone or an organization fails in their legal responsibility and someone dies as a result. For example, wrongful death can occur when businesses fail to perform proper maintenance or are negligent in their security efforts to protect customers and guests. Property owners may also be liable when they fail to post signs warning of hazards or prevent guests from accessing dangerous areas like construction sites.

    In legal terms, wrongful death claims typically require showing the following factors:

    -the death resulted from someone’s negligence or wrongful actions

    -these actions directly caused the death

    -the death caused damages to the victim and their family (financial, emotional, physical, etc.).

    While these factors seem easy, they are actually challenging to prove in court. An expert wrongful death lawyer can help you win the compensation that your family deserve.

    What are the common types of wrongful death claims?

    Wrongful death claims generally fall into three main categories:

    1. Negligent wrongful death claims: These include cases involving defective products, slip and fall deaths, construction accidents, car accidents, failure to warn of dangers, and dog attacks. These situations typically involve carelessness that leads to someone’s death, making the responsible party liable for damages.
    2. Intentional wrongful death claims: These involve murder or assault that results in death. For example, when a fight escalates and someone’s injuries eventually prove fatal.
    3. Medical malpractice wrongful death claims: These occur when doctors or medical professionals fail to provide the standard of care patients would reasonably expect, resulting in death. Examples include incorrect prescriptions or surgical mistakes. Preventable medical mistakes are actually the third leading cause of death in the United States.

    Who can file a wrongful death claim?

    Not everyone can file a wrongful death claim after someone dies. Generally, only the following people may be eligible to file a claim:

    -A spouse

    -Parents

    -Children

    -Immediate family members

    -Estate representative

    The specific rules regarding who can file and when are typically determined at the state level. In Florida, for example, wrongful death is governed by Florida Statutes section 768, known as Florida’s Wrongful Death Act.

    Speak with a wrongful death lawyer in your state can help determine who is eligible to file a claim in your particular situation and how to approach the case most effectively.

    How is a wrongful death claim different from a personal injury lawsuit?

    The main difference between a wrongful death claim and a personal injury lawsuit is that in wrongful death cases, someone has died. In personal injury claims, the injured person typically files the lawsuit themselves with their lawyers after an accident and seeks compensation for medical bills, lost income, and pain and suffering.

    In wrongful death claims, close family relatives handle the legal action because the victim is deceased. They seek compensation for the expenses incurred up until the time of death, plus the succeeding damages related to the future impact of the death, such as loss of income, emotional pain and suffering, loss of parental support, and other related damages. Essentially, wrongful death claims address both the immediate losses and the long-term consequences of losing a family member.

    What is the statute of limitations for filing a wrongful death claim?

    Not everyone files a wrongful death lawsuit immediately after someone dies, as families need time to process emotions, handle funeral arrangements, and gather themselves before taking legal action.

    Statutes of limitations vary by state, but most jurisdictions have a two-year limit from either the time of the accident or when the family discovered the negligent or intentional act that led to their family member’s death.

    In Florida, the statute of limitations is particularly short at just one year. For cruise ship cases, it can be even shorter—usually only one year based on the contract (ticket).

    It’s crucial to be aware of these time limitations, as failing to file within the specified period typically means losing the right to pursue compensation. If unsure, consult a wrongful death lawyer about the statute of limitation as soon as possible.

    Who can be held liable in a wrongful death claim?

    Determining who to sue or name in your claim is a significant part of any wrongful death suit—something that a wrongful death lawyer can help you do.

    Liable parties can include:

    -Parts manufacturers

    -Other drivers

    -Doctors or medical practices

    -Government agencies

    -Companies selling defective products

    -Product or road designers

    -Resort owners/operators

    A wrongful death lawyer will work with you to gather evidence and assign liability to all responsible parties.

    What types of compensation can families receive in a wrongful death case?

    The effects of wrongful death can be overwhelming to the victim’s family. Not only do they need to deal with shocking death, they also need to deal with future expenses. Hence, it is only justifiable to receive an extensive compensation in a wrongful death case.

    A successful wrongful death claim should cover various categories of damages:

    -Medical Bills: All medical costs related to the accident up until the time of death, including ambulance trips, surgeries, medications, hospital stays, post-op care, and physical therapy

    -Loss of Income: Both lost income while the victim was still alive but unable to work after the accident, and lost lifetime income the deceased would have earned to support the family

    -Loss of Support and Services: Compensation for the role the deceased played in the family and the services they provided

    -Funeral Costs: Expenses related to the funeral, including the casket, venue, and other related costs

    -Emotional Distress: Payments for loss of companionship, trauma, and emotional suffering

    -Loss of Parental Consortium and Guidance: When a child loses a parent, they lose the guidance and love that the parents would have provided for the rest of that child’s life

    The total compensation will vary based on factors such as the deceased’s age, earning capacity, dependents, and the circumstances of the death. Working with an expert wrongful death lawyer can help your family get the compensation that you deserve.

    How is a wrongful death lawsuit different from a criminal case?

    Wrongful death lawsuits and criminal cases are separate legal proceedings with different standards of proof and outcomes. Typically, victim’s families must file a wrongful death claim separately from any criminal proceedings. For example, if a drunk driver kills someone, the state will likely file manslaughter or similar criminal charges seeking jail time or other legal punishment. The civil wrongful death lawsuit is how families win financial compensation for the impact of the death, and requires hiring an expert wrongful death lawyer.

    Simply put, a criminal case leads to the punishment of the liable party, while a wrongful death lawsuit results to the justly compensation for the victim’s family.

    What are the steps involved in filing a wrongful death claim?

    Wrongful death claim is complex and can be overwhelming. Following these steps can help you navigate this process with a greater chance of success:

    -Consult with an Expert Wrongful Death Lawyer: Find an attorney with experience in similar cases to evaluate whether you have a valid claim

    -Address Statute of Limitations: Ensure your claim is filed within the legal time limit in your state

    -Determine Jurisdiction: File the lawsuit in the appropriate court where the case occurred

    -Assign Liability: Identify all potentially responsible parties to name in the lawsuit

    -Gather Evidence: Your legal team will collect witness statements, medical records, expert opinions, and other evidence to build your case

    -Settlement Negotiations: Attempt to reach a fair settlement with the responsible parties before going to trial

    -Court Proceedings: If no satisfactory settlement is reached, proceed to trial where a judge or jury will decide the outcome

    Throughout this process, your lawyer will handle correspondence, paperwork, and deadlines related to your case, allowing you to focus on grieving and supporting your family.

    How do I find a good wrongful death lawyer?

    When you can, you should reach out to a wrongful death lawyer to discuss how to approach your case. The earlier you find a good attorney, the better you protect your family after losing a loved one.

    A skilled wrongful death lawyer will help you avoid mistakes in your case and win maximum compensation for the victims. Here’s what you should expect:

    -Discovery Resources: The ability to gather evidence for your case, whether by interviewing eyewitnesses or securing company records

    -Settlement Negotiation Experience: Expertise in calculating fair compensation and negotiating effectively, rather than accepting quick but inadequate settlement offers

    -Court Experience: Actual trial experience with wrongful death cases, as many personal injury lawyers rarely enter a courtroom

    -Case Management: A support team that handles correspondence, paperwork, and deadlines, allowing you to focus on your family

    Leighton Panoff Law helps families of wrongful death victims win the compensation that they deserve. This team has more than 38 years of experience in representing families in wrongful death cases. Schedule a free consultation with them to know more about your wrongful death lawsuit.

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