WRONGFUL DEATH

At Gladys Carredeguas Law Firm, we can help the decedent's family members to obtain the results and justice they deserve. With a compassionate client-focused approach, we fight for justice to be served. 

Wrongful death claims are legal actions brought by the surviving family members or beneficiaries of a deceased person against the party responsible for the death. These claims typically arise when the death is caused by the negligence, recklessness, or intentional actions of another person, company, or entity. 

Here are key aspects of wrongful death claims:

Legal Standing: Laws regarding who can file a wrongful death claim vary by jurisdiction. Typically, immediate family members (spouse, children, parents) or designated beneficiaries can bring forth such claims.

Basis of Claim: Wrongful death claims can stem from various situations such as car accidents, medical malpractice, defective products, workplace accidents, or any scenario where the actions or negligence of another party directly led to the death.

Damages: Damages sought in a wrongful death claim can include financial losses (such as lost earnings, medical expenses, funeral costs) as well as non-economic damages like loss of companionship, guidance, or emotional support.

Statute of Limitations: There's a time limit, known as the statute of limitations, within which a wrongful death claim must be filed. This time frame varies by state and the circumstances surrounding the case. Under Florida Statute 95.11 (4)(d), the statute of limitations for wrongful death is two years from the date of death. Filing a claim outside that noted period could inhibit the deceased's family from being able to recover compensation.

Burden of Proof: The plaintiff in a wrongful death claim needs to establish that the defendant's actions or negligence caused the death and that the death resulted in quantifiable damages to the surviving family members or beneficiaries.

Legal Process: Initiating a wrongful death claim involves gathering evidence, filing legal paperwork, and potentially going through negotiation with the defendant’s representatives or their insurance company. If a settlement isn’t reached, the case may proceed to trial.

Wrongful death claims can be emotionally taxing and legally complex. Wrongful death claims aim to provide compensation to surviving family members for their losses and hold responsible parties accountable for their actions that led to the tragic loss of life. 

Consulting with a qualified attorney who specializes in wrongful death cases is crucial for understanding the legal options available and pursuing the claim effectively.