After a disastrous accident claims the life of a beloved family member, you may be dealing with the aftermath of expensive funeral bills and the emotional turmoil that occurs when dealing with their loss. Wrongful deaths transpire when a victim dies because someone was neglectful in some way that caused them harm, resulting in a terrible accident. When this happens, you should seek representation from a reliable wrongful death lawyer who can fight for your right to receive fair compensation. Instead of filing for a wrongful death lawsuit through a civil case, you will most likely be settling with the other party outside of court. Your attorney can help you begin a wrongful death claim using the evidence that shows how the personal injury happened. To learn more about the process, call Fasig | Brooks for a free consultation.
Who Can Claim For A Wrongful Death Case?
After a terrible accident occurs to your family member due to negligence, resulting in their terrible death, it is possible to claim compensation on their behalf. In Florida, the representative named in the estate can file a claim and take legal action on behalf of all the family members. The representative will try to obtain compensation for eligible family members, which include the following:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Special attention is given to the minor children under the age of 25 who are dependent on the deceased, which can increase the wrongful death compensation according to Florida law. Additionally, any other relatives who depended on the deceased for financial support may also be eligible to seek a settlement after the primary beneficiaries have filed a claim.
What Are Damages That I Can Claim In A Wrongful Death Case?
After your loved one has experienced a wrongful death in Fort Walton Beach, Fl, you will want to work with attorneys to help prove how the other party caused the accident. Based upon the damages your loved one experienced, lawyers will accurately estimate how much you are owed using standard methods. They will include both economic and non-economic damages.
Economic Wrongful Death Damages
These damages are based on how much in bills, invoices, and receipts were compiled because of their death and any expenses created by the other party’s negligence.
Pre-Death Medical Bills
Before your loved one passed away, they may have been in an ambulance, sent to the ER, or even received surgery or other treatments before their death. Because the other party can be held responsible for the accident, the medical bills accrued before their passing can also be included in the settlement amount.
Any income lost because of terrible personal injuries can be included in the settlement. For example, if your loved one was ill for several weeks and missed work before passing away, this will be added to the total amount. This also can include lost earning capacity, which is how much your family member could have made until retirement age had they not passed away.
If your loved one had health insurance benefits, a pension fund, and other work-related or personal benefits, it is possible for the remaining family members to receive them.
Funeral And Burial Costs
Funerals are incredibly expensive and can range in the thousands. You can include expenses such as the coffin, urn, cremation, burial ceremony, service, and other fees.
Non-Economic Wrong Death Damages
When wrongful death accidents happen, the victim often is undergoing pain and suffering in addition to other struggles. The surviving family members can also experience hardship because of their passing, in addition to no longer benefiting from the services that family members provided for them.
Loss Of Valuable Relationship Qualities
The victim’s passing may make it more difficult for family members; for example, they may have helped babysat, and their death requires hiring a babysitter. Other items that can be claimed in a wrongful death settlement include:
- Loss of consortium
- Loss of companionship
- Loss of mentorship
- Loss of guardianship
Pain And Suffering Before Their Demise
In addition to the physical pain of an injury, accidents often leave victims devastated and emotionally traumatized. Your loved one may have experienced pain and suffering, which the remaining family members often witness. You can explain to your lawyer the type of pain and suffering the deceased experienced.
Other factors will be important to the estimation of the settlement, for example, the victim’s education and certification, age at the time of death, dependents’ age and circumstances, and the victim’s state of health will also be taken into consideration.
There may be other damages you can claim on behalf of your loved one. For example, punitive damages may also be necessary when your Fort Walton Beach personal injury lawyer is trying to prove that they were grossly negligent or had malicious intention behind your family member’s accidental death. In this case, legal action begins in the court as a civil case rather than a settlement outside of the judicial system. The other party will be punished for any reckless or criminal behavior, which can be an additional award separate from the settlement.
Why Should I Work With Wrongful Death Lawyers in Fort Walton Beach, Florida?
With the help of a proven attorney, you and other surviving family members can receive compensation for your damages after your loved one suffered from serious injuries and passed away. This is only fair because someone else is at fault for causing the wrongful death to happen. An experienced attorney can review your case and determine whether your family member suffered from wrongful death and who can be held responsible. Your attorney can then investigate the personal injury and other circumstances surrounding the case. Work with a dedicated law firm with years of experience in wrongful death cases. Call Fasig | Brooks now for a free consultation.