If your loved one was killed due to someone else’s negligence or reckless behavior, you might have grounds for a wrongful death claim. If the Defendant breached their legal duty to the deceased, damages may be hefty. However, if the Defendant did not act responsibly, time is not on your side.
Time is not on your side
As a family member of someone who has passed away, you are most likely trying to cope with the loss. While the grieving process can be challenging, it is not hopeless. The deadline to file a wrongful death lawsuit is two years from the date of death. That may not seem like a long time, but the amount of time that can pass between the date of death and filing a wrongful death lawsuit can be devastating. If you miss the deadline, you may not have another chance to file a lawsuit against the liable party. Moreover, you may already be emotionally distraught with other pressing matters such as the funeral and notifying family members.
A wrongful death attorney Tampa, FL has the experience and resources to pursue compensation on your behalf effectively. These lawyers are compassionate and caring and have an excellent track record of recovering settlements for their clients. They know how to make the most of the case and will make sure you get the maximum amount of payment possible.
Wrongful death lawsuits are complicated and time-consuming. A criminal death attorney will take the burden off your family and help you heal. A wrongful death attorney will represent your interests in court, representing your family’s best interests.
Defendant violated a legal duty to the deceased
A duty of care means that a person must act in a manner that would not cause another person harm. The responsibility of care extends to everything from doctors prescribing medication to drivers on the road. Taking care to drive safely and follow the laws of the road is part of the duty of care a person has to a deceased loved one. A negligent act or omission can cause an accident and lead to death.
To sue for wrongful death, the plaintiff must prove that the Defendant breached his duty to the deceased and that their actions led to his death. For instance, an inmate threatened by fellow inmates can file a lawsuit against the prison administration if the prison administration fails to take action to protect them. The inmate then gets injured and ultimately dies. In this case, the prison administration was at fault for the inmate’s death.
Damages can be hefty
In wrongful death cases, the victims’ families may be entitled to financial compensation for their losses. The monetary compensation may include noneconomic damages such as pain and suffering, and there may also be punitive damages awarded for gross negligence. Punitive damages are intended to punish the Defendant and deter similar behavior in the future.
In some states, survivors can file for damages for loss of consortium, where a deceased person leaves behind immediate family members, such as a spouse or children. Without the dead’s guidance and love, these family members are left without the parental support and guidance they would have received from them. In addition, surviving spouses and children can also file for compensation for loss of companionship and emotional trauma.
Damages for wrongful death are usually based on the value of the deceased’s future earnings and lost wages or the weight of their future earning capacity. The next of kin will receive damages based on the value of the money the deceased would have earned. This amount may include the value of the deceased’s wages until they were due to retire.
When pursuing a wrongful death lawsuit, the victim’s family members should consult with a criminal death attorney as soon as possible. It is essential to understand that the time limit for filing a wrongful death lawsuit varies by state. In some states, it is one year, while in others, it can be two years. If you fail to file a claim within this timeframe, you may not be able to receive compensation.