The loss of a loved one is painful. It takes an emotional toll on all family members. The family also faces financial hardships (medical expenses, funeral arrangements etc) apart from loss of companionship. If the death was a result of another party’s negligence or intentional actions, family members can raise a wrongful death claim to recover the financial burdens.
Go through the lawsuit process easily with legal help:
The family members have to prove that the other person is at fault. Every state has different rules, limitations and time limit before which you are required to file the case. Since lawsuits add up to your emotional pain, make use of professional legal help; If you are looking for a law firm in Coral Gables, FL schedule an appointment with Cecere Santana Attorneys at Law.
Their personal injury lawyers have years of experience in handling similar wrongful death claims. They have a good track record of helping their client get access to maximum coverage amount.
How is a wrongful death proven?
There are restrictions regarding who has the right to file a wrongful death claim. Depending upon the state, the spouse or parents of the deceased or a representative of the deceased’s estate can sue for wrongful death. They are required to prove the following elements and you’ll need strong evidence supporting the elements.
- Breach of duty: Every individual has a duty of care to carry out actions that don’t harm any other person. You must prove that the opposite party breached their duty of care. A driver’s duty of care is to follow traffic regulations. Likewise, a doctor’s duty of care is to provide medical assistance without causing harm to the patient.
- Negligence and causation: It is not enough to just prove that the opposite party breached the law. You’ll have to prove that their action is what caused your loved one’s death by over-speeding or drunken driving.
- Listing damages: To claim for the damage you’ll have to list the damages incurred like medical bills, hospital expenses, loss of income, burial and funeral costs, loss of companionship, pain and suffering as a result of the incident etc.
Filing a wrongful death claim:
If you are Coral Gables resident, check Florida’s stature of limitations and file the claim before the time limit. Submit a complaint notifying the defendant of the facts and legalities involved. File a summon document to let the defendant know you are suing them and prove the elements mentioned above.
It is recommended to get legal assistance in wrongful death cases. Recovering from the loss is going to be difficult and a lawyer will help you take care of the legal work. Get the help of an experienced lawyer in Coral Gables, FL.