The pain and sorrow of losing a family member can be overwhelming. It’s completely understandable to want to take action in such heartbreaking circumstances. If you are thinking about taking legal action for wrongful death, you must comprehend all the nuances involved in such proceedings.
This article will give you knowledge and resources about a wrongful death case. You will learn how to receive compensation after a tremendous loss. You will gain insight into wrongful death claims, how much compensation is available, and how to prepare yourself for court proceedings that may be lengthy.
When you experienced a loved one’s death due to personal injury, medical malpractice, or another person’s negligence, know that you can file wrongful death suits. When you file a wrongful death claim, you can seek justice for a family member’s death while also ensuring that the deceased person’s estate falls into the right hands. Schedule a free consultation with the wrongful death lawyers from Jared Spingarn’s law firm in Hollywood, Florida, to seek the compensation you deserve.
What constitutes a wrongful death?
In the state of Florida, a wrongful death is defined as the death of an individual due to the negligent, reckless, or intentional acts of another person or an entity. In all cases, the surviving family members are entitled to seek compensation for their losses and suffering due to the death of their loved one.
The Many Forms of a Wrongful Death Case
Wrongful death litigation may be pursued for a variety of reasons, such as:
- Medical malpractice
- Car, truck, and motor vehicle collisions
- Defective products such as medicines, appliances, and toys
- Workplace accidents
- Exposure to hazardous substances or environments
- Unsafe premises or buildings
- Intentional and unlawful acts of violence
- Fatal aviation accidents that negligent pilots or air traffic controllers cause, and more.
Financial Compensation in a Wrongful Death Lawsuit
Grieving families may be entitled to a variety of damages in a wrongful death lawsuit, including:
- Loss of financial support
- Funeral and burial expenses
- Medical bills associated with the injury that led to the deceased’s death
- Pain and suffering endured by the surviving family members
- Loss of relationship and companionship
- Lost wages and earning capacity, if the deceased was employed
- Loss of parental guidance, if the deceased was a parent, and more.
The Value of a Wrongful Death Claim
Wrongful death cases settle for varying amounts, depending on the facts of each case. Parameters that are used are the deceased’s age, occupation, earning capacity, and the amount of pain and suffering endured. In addition to those factors, the court or jury will also consider whether there were any survivors with whom the deceased shared a close relationship.
Generally speaking, a wrongful death claim is worth more when:
- The deceased was the primary breadwinner in the family.
- The losses are significant due to medical bills or funeral costs.
- Multiple surviving family members depended on the income of the deceased person.
- The victim was a child or a young person with many years of potential earnings ahead of them.
Who is eligible to file a wrongful death claim?
Wrongful death claims are civil lawsuits that allow families to pursue financial compensation when a person is killed due to the negligence or wrongful act of another. Generally, wrongful death claims can be filed by surviving family members such as spouses, children, parents, and siblings of the deceased. In some cases, non-family members may also have legal standing—mainly if they were financially dependent on the deceased before their death.
Filing a Wrongful Death Suit
Once the family has determined that they have legal standing to pursue a wrongful death claim, it is important to file the lawsuit within two years from the date of death if not sooner, or else it will be dismissed.
1. Obtain a wrongful death attorney from the Law Offices of Jared Spingarn in Hollywood, Florida.
The complexities of a wrongful death lawsuit make it essential to have the expertise and insight of an experienced lawyer on your side. Establishing a good attorney-client relationship with Jared will help you achieve success with your case. Jared has helped many families settle wrongful death claims. He is a personal injury lawyer with years of experience under his belt. Be sure to get in touch with him immediately so he can be with you throughout the entire process.
2. Submit the necessary documents.
To file a wrongful death lawsuit, your attorney will need to submit certain documents, including:
- The deceased’s death certificate
- Medical records from the injury or illness that caused the death
- Statements from witnesses or experts who can attest to the negligence or wrongful act of another party
- Evidence of any financial losses suffered by the family
- Evidence of any pain and suffering endured by surviving family members, and more.
3. Negotiate with the insurance company.
Once Jared has gathered all the necessary documents, he may attempt to negotiate with the liable party’s insurance company for a fair settlement amount. In this step, Jared will negotiate on behalf of the family of the deceased as well as any additional injured victims who were involved in the accident.
4. Receive financial compensation.
If the case is successful, you may receive a settlement or an award from the court for your losses and suffering. Money received from a wrongful death claim can help grieving families heal and provide them with financial stability going forward.
5. Be prepared for court proceedings.
In some cases, a settlement may not be reached and the case will have to go to trial. The process of going to court can be lengthy and emotionally draining, but if your lawsuit is successful you may receive compensation for your losses.
How long does a wrongful death lawsuit take?
Wrongful death lawsuits can take anywhere from several months to several years, depending on the specific facts of the case. Ultimately, families should be prepared for a long and uncertain process when pursuing a wrongful death claim.
Factors Influencing the Timeline of a Wrongful Death Lawsuit
Lengthy wrongful death case timelines can be caused by several factors, such as:
- The complexity of the case which depends on the number of parties involved, as well as the number of injured or deceased. More people involved means more complex negotiations and more paperwork.
- The amount and strength of evidence needed to support the claim
- An uncooperative defendant or insurance company
- The size of the settlement or award sought
- Third-party involvement in the dispute
- The necessity to go to trial for a resolution, and more.
Therefore, families should be prepared to go through a lengthy process when filing a wrongful death claim to receive the recompense they deserve.
Exercise Caution before Accepting any Settlement From an Insurance Company
Before you settle wrongful death claims with an insurance company, it is extremely important to exercise caution and take the necessary steps to protect your rights. It is very crucial to consult a lawyer from Jared’s firm first.
You should never sign any documents without consulting with Jared and should always be mindful of not accepting low settlement amounts. Moreover, you must avoid discussing your case in detail with the insurance company without your lawyer present, as this could put you at risk of being taken advantage of or being persuaded into agreeing to settle for less than what you are owed.
Payment for Wrongful Death Settlements
Wrongful death settlements are typically paid out in one lump sum to the eligible family. The settlement amount is usually distributed among the surviving family members, who may use it for various purposes such as funeral expenses, medical bills, lost wages, and more.
In some cases, a court-ordered trust fund may be set up to ensure that family members receive the settlement amount at certain predetermined intervals. This allows for more control over how and when the money is used.
Is it possible to pursue a wrongful death claim while there is an ongoing criminal case?
Yes, it is possible to pursue a wrongful death claim while there is an ongoing criminal case. While criminal cases strive to punish the wrongdoer, civil cases are meant to provide monetary compensation for damages suffered by the victim’s family. This means that you can pursue a wrongful death lawsuit even if the responsible party is acquitted in the criminal proceedings.
Is a wrongful death settlement subject to taxation?
Whether or not a wrongful death settlement is subject to taxation depends on the circumstances and type of damages received. Generally speaking, money received for medical bills, burial expenses, and other tangible losses is considered non-taxable; while compensation for pain and suffering is taxable. It is important to discuss this with your lawyer and tax advisor for more detail.
What are the benefits of employing a wrongful death attorney?
Wrongful death attorneys help families navigate the legal system and protect their rights. They can assist in filing a claim, negotiating with insurance companies, and even going to trial, if necessary.
Additionally, these attorneys are experienced in recovering the maximum amount of compensation for wrongful death cases. This is important because it ensures that the family receives adequate recompense for the losses they have suffered.
Families facing a wrongful death situation should take advantage of the invaluable expertise that an experienced lawyer can provide to successfully navigate the legal process. In Hollywood, Florida, Jared Spingarn offers free initial consultations, so it is important to consult with him as soon as possible.
Knowing how long does a wrongful death lawsuit take is essential in achieving justice for a loved one’s death. While it will not be easy, and the process may be lengthy and unpredictable, know that there are legal measures available to grieving families as you attempt to seek solace from their unimaginable pain.
If you have suffered the heartbreaking loss of a loved one due to wrongful death, you must seek consultation from the law firm of Jared Spingarn. Don’t allow yourself to be silenced and give in without a fight – stand up for justice by asserting your rights with the help of experienced legal counsel today.
>> If you or someone you know is involved in an accident that resulted in a wrongful death in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.