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Consulting with a personal injury attorney may be the last thing on your mind in the wake of a loved one’s death, but it could be a crucial step towards achieving financial peace of mind for you and your family. Florida imposes a two-year statute of limitations on filing wrongful death actions, so consulting with the Vero Beach wrongful death lawyers at Kogan & DiSalvo as soon as possible could be critical to your recovery. Let a compassionate attorney help you through this difficult time.
Wrongful death claims are asserted to provide compensation to family members of those killed by another’s negligence, recklessness, or intentional conduct. With the help of Vero Beach wrongful death attorneys, surviving plaintiffs are required to establish that a defendant owed a duty of care to a deceased family member and, by acting or omitting to act, breached that duty, causing death and other resulting damages.
Wrongful death claims may arise from any number of circumstances that would have served as the basis for a direct personal injury claim had the deceased family member survived. Examples include motor vehicle accidents, workplace accidents, slip and fall accidents, defective products, and medical malpractice.
Spouses, children, and parents of deceased individuals are legally entitled to file wrongful death claims seeking compensation for medical and funeral expenses, as well as current and future loss of financial support. Courts typically consider, among other factors, the decedent’s income and the life expectancy of both the decedent and survivors. Depending on a survivor’s relationship to the decedent, other compensation may also be available.
Children who lose a parent due to another’s misconduct or negligence may recover compensation for their emotional pain and suffering, as well as lost companionship and guidance.
Parents of both minor and adult children may be able to recover damages from liable defendants for emotional pain and suffering.
Surviving spouses may seek compensation for loss of companionship and emotional pain and suffering.
In rare instances where a defendant is found to have engaged in particularly egregious behavior, a court may decide to award plaintiffs punitive damages. Unlike other damages that are designed to compensate victims and their families, punitive damages serve to punish defendants and prevent similar future conduct.
While you are busy putting the pieces of your life back together, Vero Beach attorneys experienced in wrongful death claims could work diligently to build the strongest case possible on your behalf. Our process could include interviewing witnesses and experts, reviewing medical records, studying security footage, and working with actuaries to quantify losses.
The Vero Beach wrongful death lawyers at Kogan & DiSalvo could first make a demand on the defendant’s insurance company in the hopes of avoiding litigation. Otherwise, we could file a civil lawsuit and navigate the legal system on your behalf to secure the maximum compensation available. Reach out today to learn more about what may be possible in your case.
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