Did you lose a loved one as a result of an accident in Vero Beach, FL? Our experienced Vero Beach wrongful death lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (772) 777-7700 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Vero Beach, FL law offices to discuss the legal options that might be available to you following your loved ones wrongful death. The next steps are very important. Let Shiner Law Group help you with your wrongful death case today.
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Did You Lose A Loved One To A Wrongful Death in Vero Beach?
Losing a loved one is never something you want to deal with. However, when someone dies due to another person or entity’s neglect or wrongful act, it makes a hard situation even more difficult.
The accidental or sudden death of someone in your family will affect their loved ones for years to come. While no amount of money will replace your lost loved one, filing a wrongful death claim can help compensate for your losses.
If someone is killed due to a defective product, criminal act, or negligence, surviving family members have the right to file a wrongful death lawsuit in Vero Beach. It’s a good idea to hire an experienced attorney to help with this case to secure a fair amount of compensation.
Keep reading to learn more about Florida wrongful death lawsuits and how to ensure you get the representation and compensation that you deserve.
Filing A Wrongful Death Lawsuit in Vero Beach
Florida wrongful death cases are decided based on Florida Statutes 768.21. This statute states that lawsuits for wrongful death situations can only be filed by the estate’s personal representative on behalf of the deceased person’s survivors.
This will be an institution or individual named in the decedent’s will. If there is no will, the person will be appointed by the probate judge. For a wrongful death lawsuit, the personal representative will bring all claims for those considered “survivors” based on the wrongful death statute for Florida. Some people are surprised to learn that an eligible survivor may not include someone who suffered because of the person’s death.
The Wrongful Death Act for Florida has a shorter statute of limitations, spanning just two years. A lawsuit must be filed in this period to receive compensation. The only exception to this is with medical negligence cases.
Wrongful Death Claim Defined
A wrongful death lawsuit is a type of civil lawsuit. If you have a loved one who passed away because of someone else’s negligence or carelessness, you may have the right to recover compensation.
When you file a wrongful death lawsuit, the goal is to receive monetary damages from the company or individual who is at fault and caused a preventable death, which signifies that this conduct was intolerable.
It’s worth noting that wrongful death claims are separate from any type of criminal prosecution that the company or person who caused the death may face. One example of this is with a drunk driver. The individual may be charged with a crime for causing an accident but can also be sued for damages by the loved ones of the person who was killed.
Common Causes of Wrongful Death Claims in Vero Beach
Some of the circumstances that lead to fatal injuries and that may be the reason you file a wrongful death lawsuit in Florida include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle wrecks
- Construction accidents
- Intentional criminal acts
- Boating or bicycling accidents
- Negligent medical care
- Work-related accidents
- Dangerous conditions on the property
- Mislabeled or unsafe products
In the state of Florida, you can seek compensation for some types of losses when you file a wrongful death lawsuit. Some of the losses that are compensated include:
- Loss of companionship, guidance, and care that the deceased individual provided to the remaining family members
- Mental pain and suffering
- Loss of support services the accident victim once provided
In some situations, a case that involves outrageous or intentional actions can result in punitive damages. The sole purpose of these damages is to punish the wrongdoer.
What Type of Wrongful Death Damages Are Covered in Vero Beach?
The deceased individual’s estate can also receive compensation for some types of losses. These include:
- Pain and suffering incurred before the accident victim passed away.
- Funeral and medical costs.
- Future income the deceased person would have earned.
- Loss of earnings from the date the injury occurred to the person’s death.
It is important to understand that wrongful death cases are complex. Because of this, it is highly recommended that you hire a Vero Beach wrongful death attorney. They can make a huge difference in the overall outcome of your case.
Who Is Legally Allowed to File a Wrongful Death Lawsuit in Vero Beach?
In the state of Florida, it is possible to file a wrongful death lawsuit on behalf of the victim’s immediate family. This includes their spouse, parents, children, and other relatives who relied on the deceased person for support.
Every survivor may try to recover the value of lost support and services from the date their loved one passed away, along with the value of any future lost services and support.
The deceased individual’s spouse may claim compensation for losing a loved one’s protection and companionship and for any mental pain they suffered. Minor children can recover compensation for the loss of parental guidance, companionship, instruction, and pain and suffering caused.
The parents of the deceased minor child will be able to recover from mental pain and suffering that occurred from the date of the accident when the child was injured.
Reasons to Hire a Vero Beach Wrongful Death Attorney
To prove a wrongful death lawsuit, you must meet the same burden of proof that the accident victim would have been required to meet if they had lived. Because of this, it is highly recommended that you hire a legal professional for help.
If you aren’t convinced that you need legal representation, consider some of the reasons to hire this person found below.
Attorneys Understand the Legal Context
It’s necessary to have insight into several areas of law to navigate any wrongful death lawsuit successfully. If you miss information or make a mistake when gathering evidence, it may be impossible to acquire justice for your deceased loved one.
Hiring a legal professional will help you identify any and all legal issues that may impact your case. With the help of an attorney, you can build a strong case and have a higher likelihood of success.
Attorneys Negotiate on Your Behalf
Filing the wrongful death lawsuit is just part of the process. The other part involves negotiating with insurance companies to determine the deserved amount of compensation. This is especially true if the case settles rather than going to trial.
It’s important to find an attorney who is not afraid to go up against insurance companies to help ensure you get the compensation that you deserve. If you try to handle the legal situation yourself, you may not get the settlement and compensation you deserve.
Help Recovering Maximum Damages
Do you know what the case is worth or what you deserve? If not, an attorney can help. They will make sure you get the amount of compensation deserved for the legal situation you are facing.
How to Find the Right Vero Beach Wrongful Death Lawyer
If someone in your family has died because of another person’s or entity’s fault, it is time to research the local Vero Beach wrongful death attorneys. They can investigate your case and help gather evidence to prove your claim. The evidence will also help them achieve a suitable settlement for the losses you experienced.
While there are no guarantees in a wrongful death lawsuit, an attorney can significantly help your “side” of things. Some tips to help you find the right attorney include:
- Ask for recommendations: When searching for a wrongful death attorney, ask people you know for recommendations. They may have used or heard about a local attorney who can help with your case and situation.
- Research the local attorneys: It’s smart to know about the local area’s attorneys. This information will help you decide who is worth hiring and who you should avoid.
- Schedule a free consultation: Most wrongful death attorneys will allow potential clients to discuss their cases before hiring them. Take advantage of this and schedule a free consultation with a few attorneys until you find the right one for your case.
Remember, not all attorneys are created equal. Because of this, you must put time and effort into finding the right person for the job. This will pay off in the long run and help ensure you get the compensation deserved for the loss of your loved one.
Speak With A Vero Beach Wrongful Death Lawyer Near Me Today
Losing a loved one is never easy. If someone else caused this loss, it makes the situation even worse. However, you have rights. One of these rights is to recover compensation for your losses.
Be sure to consider the information above, which will help you see why hiring legal representation is so important. Being informed and knowing what to consider when hiring a legal professional will pay off in the long run. Remember, wrongful death lawsuits can be complex, which is why it is a good idea to find an attorney to represent your case properly – no matter the situation.
We understand that nothing is going to bring your loved one back. While this is true, we are here to provide you with aggressive representation to help ensure you recover the compensation deserved after this situation occurs.