Few situations in life are more devastating than a wrongful death. One minute you are going about your daily activities, and the next minute, everything has changed and you are left with a gaping void in your world. In addition to the sadness, emptiness, anger and a host of other emotions you are feeling from the loss of a loved one, there are growing financial fears that you will need to face head on. Our system of justice of course cannot replace the joy your loved one brought into your life. However, we can help ease the financial burden that you are now facing, hold the at fault party responsible for the damage they have caused and get you the justice you deserve.
In most cases, a wrongful death is a death unintentionally caused by someone else’s negligence. Common causes of wrongful deaths include car crashes, pedestrian or bike accidents, medical malpractice, workplace accidents, construction accidents, or defective products. A wrongful death case is a lawsuit brought in the civil courts to provide financial restitution to the family of the person who died. The desired outcome is that the person who caused the wrongful death provides compensation to make your life as financially whole as possible. This is different from a criminal case or murder case, which is handled by the state attorney’s office and local authorities, where the outcome is that someone goes to jail as punishment for a crime.
Not everyone can file a lawsuit after losing a loved one due to the negligence of another, as Florida has a statute that outlines who may bring a claim for wrongful death. People eligible to bring a wrongful death lawsuit include a surviving spouse, children, and other relatives who were dependent on the family member who died. A long-time boyfriend cannot sue for the loss of his girlfriend in a car crash, no matter how painful it may be for him.
The personal representative of the estate must initiate the case within two years of the date of death, otherwise, the claim will be forever barred, and they forfeit all rights to do so. This may feel like plenty of time, but wrongful death cases are extremely complex, so it is in your best interest to contact an experienced personal injury attorney familiar with handling wrongful death claims, like Cutler Rader, as soon as possible. Even if you are not sure you want to pursue a wrongful death claim, you should meet with an attorney as soon as possible to understand and protect your rights. If you decide to pursue a claim, following are the steps that we will take:
- Investigate the details surrounding the death gather evidence essential to proving the other party was negligent and this negligence caused your loved one’s death.
- Develop a thorough accounting of how your loved one financially supported each of your family members. By spending time with the surviving family members, we can learn how integral a part of their lives the deceased was, and estimate the value of non-economic losses, such as loss of companionship and loss of parental instruction.
- Attempt to negotiate the highest possible settlement with the at-fault party or their insurance company. If that is unsuccessful, we will file a lawsuit and litigate in court. Many wrongful death claims can be settled out-of-court, but our attorneys are skilled litigators who will take the case to trial and obtain a verdict from a jury when necessary.
Our goal is for you to receive financial justice for your loss. Contact us today so you can learn how you can receive compensation to make up for the financial losses you are incurring due to the wrongful death of your loved one.
Cutler Rader, P.L.
With over 75 years of combined experience, the attorneys at Cutler Rader understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.
At Cutler Rader, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.