Table of Contents
1. Did Someone You Love Become Victim to a Wrongful Death in Stuart?
2. Common Causes for Wrongful Death
3. Personal Injury Claim vs. Wrongful Death Claim
4. Wrongful Death Statute of limitations in Stuart
5. Who Can File A Wrongful Death Claim?
6. Wrongful Death Damages That Are Claimable
7. Filing a Wrongful Death Claim in Stuart
Did Someone You Love Become Victim to a Wrongful Death in Stuart?
The sudden loss of a loved one in an accident that was caused by someone else’s negligence or carelessness is practically unbearable and undoubtedly very painful. Although absolutely nothing can fill this void that is created by the wrongful death of a beloved, the family of the victim has the right to seek justice in the form of financial compensation.
Filing a wrongful death lawsuit against the party at fault can at least help them cope with the death-related financial expenses, such as funeral and burial costs. It can also provide them with the financial security that they need to move on with life, especially if the victim was the sole breadwinner of your family.
Here’s a quick overview of the most common causes for wrongful deaths in Stuart, Florida:
Common Causes for Wrongful Death
One of the leading causes for wrongful deaths in the US is automobile accident. And this is clearly evident from the statistics provided by the National Highway Traffic Safety Administration that states that nearly 40,000 individuals die in automobile accidents annually, countrywide including Florida. Automobile accidents include car accidents, truck and motorcycle accidents. Such accidents mostly occur due to distracted driving, aggressive behavior, poor vehicle maintenance and driving under the influence of drugs and alcohol.
Pedestrian accidents usually occur due to traffic law violation, speeding and distracted driving and eventually the life of the pedestrian is often lost when they get badly hit by a vehicle. In such a situation, the law gives the surviving family members the right to file for claim for the victim’s wrongful death.
Accidents at Work
Poor safety measures, fire, explosions, faulty machinery and dangerous work environment can put the lives of workers at risk, resulting in accidents that lead to wrongful deaths.
Product liability is also one of the most common causes for wrongful deaths in the country. It occurs due to defectively designed or manufactured product or because the product lacks proper warnings and instructions.
Wrongful death claims can also be files for acts that were committed intentionally and resulted in the death of the victim, such as criminal acts.
Personal Injury Claim vs. Wrongful Death Claim
A personal injury claim can only be brought by the victim who had the accident due to someone else’s negligence, while a wrongful death claim is made the family members of the deceased.
Also, a personal injury claim is largely based upon the victim’s inability to perform certain duties towards their family or such as earn their livelihood. However, the compensation for a wrongful death claim is based around the cost of the final arrangements of the deceased like burial expenses and providing support to the family and dependents of the deceased.
Wrongful Death Statute of limitations in Stuart
In the state of Florida, the statue of limitations for filing a wrongful death claim is 2 years starting from the date of death. However, failing to file the claim in a timely manner may prohibit the family of the deceased from recovering compensation for their loved one’s death. Therefore, it is extremely important that the family of the deceased files a lawsuit within 2 years.
Who Can File A Wrongful Death Claim?
The surviving family members of the deceased can file a wrongful death claim on behalf of the decedent. However, only immediate family and close relatives are allowed to do so. They must be related to the deceased in one of the following ways:
- Dependent blood relatives
- Dependent adoptive sisters or brothers
- Child that is born outside of wedlock of a mother or father
All these individuals can recover the damages and compensation on behalf of the deceased. Such people are known as beneficiaries or survivors.
Wrongful Death Damages That Are Claimable
Although liability in a claim related to wrongful death is solely expressed in the form of money damages, the family members of the deceased can also file a criminal case related to the victim’s death in the court.
Also, according to Florida Statutes section 768.21 state’s rules that are set out for awarding damages pertaining to wrongful death lawsuit includes the following:
- The value of support as well as services the decedent provided to the survivors, such as child support, spousal support and more.
- Loss of companionship.
- Loss of protection provided by the deceased.
- Emotional pain and suffering.
- Mental trauma.
- Medical expenses if any the surviving family member had paid for the deceased before they passed away.
- Funeral and burial expenses.
The estate of the deceased may also be entitled to recover the types of damages listed below:
- Lost wages,
- The value of earnings the estate could have expected to collect had the decedent been alive, and
- Medical and funeral expenses that were paid directly by the estate.
Filing a Wrongful Death Claim in Stuart
When it comes to filing a wrongful death claim, it’s always best to seek legal representation from an experienced Stuart wrongful death lawyer. A lawyer has a sound understanding and complete knowledge about the state laws and can help you navigate through the complexities associated with filing such a claim.
Our experienced and compassionate Stuart personal injury lawyer can provide you with effective guidance and complete assistance on filing a wrongful death claim. Our goal is to make the entire process swift and stress-free and ensure that you get the compensation that you rightfully deserve for the loss of a loved one.
We strive to protect your rights and get you justice. At Shiner Law Group, we work in your best interest and pursue every case as top priority. Therefore, if you’ve lost a beloved due to someone else’s negligence, let our experienced Stuart wrongful death lawyer fight your case aggressively and get you a full and fair compensation in a timely manner.