The death of a loved one can cause immense grief and stress for survivors. However, if the victim’s life could have been saved or changed had another person not acted negligently, the family may be entitled to compensation.

Under Florida law, the personal representative of the deceased individual can file a wrongful death lawsuit. This is usually the deceased’s spouse, children, and parents.

Consultation

Wrongful death claims often include complicated and contradictory facts. To build a strong case, your wrongful death lawyer in Ft. Lauderdale will thoroughly evaluate the facts of the case. This includes reviewing police reports, interviewing witnesses, and gathering evidence like surveillance films or medical records.

The most crucial aspect of any wrongful death claim is proving liability. This involves demonstrating that the defendant had a duty of care, breached this duty, and that their actions or inactions directly caused your loved one’s death. Proving this requires a thorough investigation that includes collecting and analyzing evidence like accident reports, witness testimonies, expert testimony, and medical records.

While no amount of money can bring your loved one back, a wrongful death lawsuit can help you recover financial compensation to pay for your losses. A criminal death attorney can help you determine the full range of damages you may be entitled to, including compensation for lost companionship and emotional distress. They can also advise whether your family might be eligible for punitive damages if the defendant’s behavior was especially egregious.

Discovery

Wrongful death lawsuits involve a lot of legal processes and paperwork. A lawyer can manage these complexities on your behalf, ensuring all the necessary documents get filed correctly and your rights are protected throughout the process.

Your wrongful death attorney will gather all the available evidence, including medical records and police reports, to prepare your case. They will also interview witnesses and consult experts if needed. This preparation is essential for building a solid case against the defendant.

The plaintiff will need to prove the following elements in their claim:

Breach of duty: Your lawyer must demonstrate that the defendant failed to uphold his or her responsibilities somehow.

Causation: Your wrongful death lawyer will need to show that the breach of duty directly caused your loved one’s death.

Damages: You and your lawyer will need to prove that your family has suffered economic, emotional, and personal losses as a result of your loved one’s death. Your lawyer will help you determine how much compensation you deserve.

Trial

The unexpected and premature loss of a loved one can have devastating consequences for families. While no money can bring back a lost family member, financial compensation can help surviving family members pay for medical bills and funeral expenses.  A wrongful death lawyer, can manage the complexities of legal proceedings and insurance negotiations to secure a fair settlement.

Successfully pursuing a wrongful death claim requires demonstrating negligence, causation, and damages. Proving negligence entails showing that the defendant breached a duty owed to your loved one. This might involve a traffic accident or medical malpractice, but it could also include an on-premises accident, such as a slip and fall or food poisoning.

If the attorneys cannot reach a reasonable settlement through mediation or negotiations, your wrongful death lawyer in Fort Lauderdale will take your case to trial. This involves arguing for the compensation you deserve in front of a judge and jury.

Settlement

Losing a loved one is an incredibly stressful and traumatic experience. It’s even more difficult when that death occurred due to another party’s reckless, negligent, or criminal behavior. A wrongful death lawsuit can help grieving family members receive financial compensation to cover their loss.

The first step in filing a wrongful death case is hiring an attorney. Once you’ve found a lawyer, you can schedule a case review to discuss your options. Your lawyer will help you gather evidence, including medical records, accident reports, witness testimonies, and expert opinions.

Your lawyer will negotiate with the responsible parties during the settlement process to ensure you receive fair compensation. They will also manage payments using an escrow account to protect your interests. While no amount of money can bring your family member back, it can help you recover from the loss and move forward. The Fort Lauderdale wrongful death lawyers at Needle & Ellenberg can provide guidance and support.