Weinstein Legal personal injury law firm Fort Lauderdale

What is a Wrongful Death Lawsuit?

 
11/16/2020
Weinstein Legal
Read Time: 6 Minutes

What is a wrongful death lawsuit, and what precisely is wrongful death? We hear these questions frequently from mourning individuals who have lost a loved one. Losing a loved one is never easy. In fact, it is one of the most challenging experiences you can face. It is filled with overwhelming emotions, uncertainty, grief, and sometimes fear. However, when you lose a loved one due to another person's negligence it can become that much harder to bear. 

If you are looking into filing a wrongful death claim in Fort Lauderdale or West Palm Beach, contact Weinstein Legal and ask for attorney Justin Weinstein today. Mr. Weinstein is an experienced wrongful death lawyer in South Florida with years of experience representing victims. During this challenging time, Mr. Weinstein and the team at Weinstein Legal seek to make the process easier for you. You need an attorney who will fight for you in court, who will not accept low payments from insurance companies or opposing lawyers, and most importantly, an attorney with compassion who can help alleviate the burden you are carrying during this trying time. Call Weinstein Legal today for a free case evaluation at 954-845-0505.

What Is Wrongful Death?

Before filing a lawsuit, you will want to know what is wrongful death. According to Florida Statute 768.21, a wrongful death is one that is caused by the negligent or careless actions (or inaction) of another individual or organization. In the case of wrongful death, another person is deemed liable for the passing of another person.

Common cases of wrongful death include motor vehicle accidents, medical malpractice, improperly handling a firearm, cases involving alcohol or drugs, product defects, cycling or boating accidents, and more. However, this is not a comprehensive list of scenarios that apply to wrongful death. If your loved one passed away as the result of another person's recklessness and you believe the situation could have been avoided, you may be entitled to file a wrongful death lawsuit.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a way for immediate family members to receive civil justice for the unnecessary death of their loved one, through a legal route. A wrongful death lawsuit can be emotionally challenging. While no court proceedings or legal ruling can bring your loved one back, it can help you gain a sense of closure knowing that the opposing party is being held legally responsible. It can also help alleviate your family or your loved one's children of a financial burden as compensation is often awarded.

To file a wrongful death lawsuit in the state of Florida, you must be the personal representative of your loved one's estate. A representative of an estate is often named in a will or estate plan. However, since wrongful deaths are unexpected and sudden your loved one may not have such a person named to represent them posthumously. In this case, the courts will appoint a legal representative. It will likely be an immediate family member, such as a spouse, a parent or legal guardian, sibling, or adult child. That person may then file a wrongful death lawsuit on behalf of the family for the person who has passed away. 

Recovering Damages in a Lawsuit

There are a variety of factors that a family may receive compensation for following the wrongful death of a loved one. If your loved one has children this is often top of mind, as children will have ongoing care expenses that must be covered in the absence of their parent. 

The courts may award damages for the loss of income of your loved one, for their medical bills, to cover any loss of benefits such as health insurance for dependents, compensation to cover funeral and burial expenses, and more. Additionally, the courts may award financial compensation for pain and suffering, mental anguish, and loss of companionship. 

How to File a Claim for Wrongful Death in Florida

If you are considering filing a wrongful death lawsuit, know that there are statutes of limitations surrounding these cases. What this means is that you must file your lawsuit within a set period of time in order for the courts to hear the case. In the state of Florida, that time period is two years from the date of your loved one's death. 

When filing a claim, it is essential that you have an aggressive attorney working on your side to prove damages. Additionally, you will need to show in court that your loved one's death resulted from the negligence of another person and that you have suffered as a result. There is quite a bit of formal paperwork involved in the process, which a South Florida personal injury attorney such as Justin Weinstein can assist with, easing your burden.

You will need to file a formal petition or complaint with the courts, along with a summons. These pieces of paperwork will inform the defendant that you are filing a lawsuit against them and on what grounds. The paperwork will also inform the defendant of where the case will be tried. After you file this initial paperwork with the courts, the next step in the proceedings is the service of process, where all necessary documentation will be provided to all parties involved in the lawsuit. 

A wrongful death lawsuit itself can take years to settle in court which is why it is essential that you have an attorney fighting on your side, helping you each step of the way. There will be many formal proceedings, as well as discussions between your attorney and the opposing party's lawyer. Ultimately, you will either reach a settlement where the opposing party agrees to pay you a predetermined amount of money or you will need to proceed to trial to be awarded damages.

How a Wrongful Death Attorney Can Help

Following the passing of a loved one, you will likely experience a wide range of emotions. You may feel overwhelmed, and filing paperwork for a wrongful death lawsuit can seem daunting. Going through court proceedings alone can be even more frightening during what is already a challenging time for you and your family. Justin Weinstein and the team at Weinstein Legal are here to help.

As your legal representative, attorney Justin Weinstein will guide you each step of the way throughout your lawsuit. Mr. Weinstein can help gather evidence that supports your case and can take care of the more tedious paperwork and dealing with the courts and the opposing party's attorney so that you don't have to. Most importantly, our wrongful death attorney will fight tirelessly for the justice your family deserves, stopping at nothing until you receive the compensation you are entitled to. 

If you have questions, such as what is a wrongful death lawsuit, what is a wrongful death, and how to know whether you have a case, contact the team at Weinstein Legal today for a free case evaluation and ask for Justin Weinstein.

To speak privately to a wrongful death attorney in Fort Lauderdale or West Palm Beach, FL, Call 954-845-0505.

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