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While any loss of life can be painful, losing a loved one to an avoidable, fatal accident can be devastating and may leave you unsure about your next steps. The compassionate personal injury attorneys at Kogan & DiSalvo could help seek justice against the at-fault party through legal action.
These lawsuits can have a tremendous impact on the responsible party while providing your family with compensation. This compensation could cover your loved one’s final expenses or support their relatives who were financially reliant on the deceased. Most importantly, our Margate wrongful death lawyers could provide support during this challenging time in your life. En Español.
What is a Wrongful Death Claim?
Every jurisdiction defines wrongful death differently. In Margate, state law identifies what constitutes a wrongful death for the purposes of seeking compensation. According to Florida Statutes §768.19, a death qualifies as wrongful if it results from a negligent act, default, or breach of contract. A plaintiff could bring a lawsuit against an individual or entity, depending on the circumstances of their loved one’s death.
It is important to note that these proceedings are separate from criminal prosecutions. While some instances may result in a criminal case, the standard for prosecution is much higher. It is not unusual for a civil case to result following a death that prosecutors do not believe was a crime. Our experienced lawyers could guide surviving relatives through the process of bringing a wrongful death claim in Margate.
Recoverable Damages
In a wrongful death case, it is the responsibility of the deceased person’s estate to file a claim. However, any recovery from a suit ultimately goes to the deceased’s heirs. In addition to the decedent’s spouse, children, and parents, the damages in a case also may compensate a sibling or other blood relative that was financially dependent on the deceased.
Florida Statutes §768.21 outlines the damages available in a wrongful death claim. The damages a claimant may be able to recover may include the monetary value of household support the deceased person provided. Family members also may be able to obtain compensation for the loss of companionship or guidance. In situations involving the death of a minor, parents may seek compensation for their emotional pain and suffering.
In addition to the compensatory award directed to the surviving family members’ losses, a plaintiff may be able to pursue compensation for the damages a deceased person could have sought through an injury lawsuit. These may include their lost wages, pain and suffering, and any medical costs related to their final injury or illness. Margate wrongful death attorneys also could argue for money to cover the cost of a funeral or burial.
Reach out to a Margate Wrongful Death Attorney
Focusing on litigation following the untimely death of a family member is difficult. These lawsuits are detailed and complex; every moment you spend on the case is time away from dealing with your grief. Experienced legal counsel at Kogan & DiSalvo could take the burden of a lawsuit off your shoulders.
For help with your claim during this difficult time, reach out to our Margate wrongful death lawyers. When you are ready to get started on your case, schedule a free consultation at our firm.
