Category: Wrongful Death

Pursuing a wrongful death claim in Hollywood, Florida, can be an emotionally charged and overwhelming process. You may feel lost, not knowing how long does it take to settle wrongful death claims or if you will ever receive justice for a loved one’s death. But don’t despair—understanding the legalities involved and seeking experienced counsel can help give you clarity during this difficult time and make your way toward closure.

When you are in the midst of a settlement, it is best to consult with a wrongful death attorney from the Law Offices of Jared Spingarn, P.A. Jared has dealt with many cases like this and can help you recover compensation after a loved one’s death.

What constitutes a wrongful death case?

A wrongful death case is when a person dies due to someone else’s negligence, recklessness, or intentional misconduct. Examples of wrongful death cases include:

1. Medical malpractice
2. Car or workplace accidents caused by another person’s negligence
3. Deaths due to defective products
4. Intentional misconduct, such as homicide or murder
5. Negligent security resulting in harm

Statute of Limitations

In Hollywood, Florida, the statute of limitations for filing wrongful death claims is two years from the date of death. This means that you must file your wrongful death claim within two years of your loved one’s passing, or else it may be subject to dismissal. However, if a government entity is determined to be at fault for the incident, a notice of claim must be filed within three months of the death.

Wrongful Death Claims Process

The claims process can be complex and involve multiple steps. The timeline of a typical wrongful death claim will vary as it will include the following steps:

1. An initial consultation with an experienced attorney from Jared’s law firm to review the facts, determine liability, and develop a strategy for pursuing claims against responsible parties
2. Gathering evidence, including police reports, medical records, witness statements, and other pertinent information
3. Filing a notice of claim if the responsible party is a government entity
4. Negotiations with the insurance companies or defendants
5. Evaluation of settlement offers and deciding whether to accept or reject them
6. Filing a wrongful death lawsuit in court if negotiations fail
7. Litigation process, which may include discovery, depositions, and a trial
8. Appeal, if necessary.

Who can file a wrongful death claim?

In Hollywood, Florida, the personal representative of the deceased’s estate may file a wrongful death claim, typically chosen from among the surviving family members that include spouses, children, or parents of the decedent. Aside from immediate family members, the court may also choose to appoint someone dependent on the deceased’s income, such as a sibling or grandparent, to file a claim.

Determining the Settlement Amount in Wrongful Death Claims

The amount of a wrongful death claim will vary depending on a variety of factors, such as the age, health, and earning capacity of the deceased.

Age and Health of the Deceased

Generally, younger and healthier people are entitled to more compensation for wrongful death because they have a longer life expectancy and would likely have earned more over their lifetime.

Earning Capacity of the Deceased

Potential earnings and any benefits the deceased’s employer provides are also considered when determining the wrongful death claims amount. This can include lost wages, pension contributions, medical expenses, and future earning capacity.

Other Factors in Determining the Value of Wrongful Death Claims

The amount of compensation awarded in a wrongful death claim may also consider factors such as the economic and non-economic losses suffered by the deceased’s family. In some cases, punitive damages may also be awarded.

Economic losses

This may include funeral and burial expenses, medical bills, and lost wages.

Non-economic losses

This can include pain and suffering, loss of companionship, mental anguish, and other non-monetary losses from the deceased’s family.

Punitive damages

This may be awarded if the defendant is found to have acted recklessly or with gross negligence. Punitive damages are intended to punish the responsible party and deter similar behavior in the future.

How long does it take to settle wrongful death claims?

The length of the wrongful death claims process can vary depending on the complexity of the case, how quickly evidence is gathered, how willing the other party is to settle out of court, and whether any appeals are filed. Most cases take anywhere from six months to two years to resolve.

Factors That May Lead to a Lengthy Wrongful Death Case

Wrongful death cases settle more quickly when the other party is willing to accept responsibility and there are no disputes over liability or negligence. However, this is not always the case and certain factors can lead to a lengthy process:

1. The other party denies responsibility or disputes the evidence
2. There is more than one responsible party and multiple parties must be involved in negotiations
3. The case goes to trial instead of settling out of court
4. An appeal is filed after a decision has been rendered
5. The amount of damages is disputed
6. Legal proceedings are delayed due to insufficient evidence or other delays
7. The estate has multiple beneficiaries who need to agree on the settlement terms
8. The lengthy discovery process to uncover all relevant facts and evidence
9. Subpoenas, depositions, and other legal proceedings take longer than expected
10. Large damages are sought in the wrongful death claim
11. Complex medical and scientific evidence must be presented to prove negligence
12. Multiple motions are filed by the defendant or plaintiff seeking a settlement or dismissal of the case
13. Negotiations are protracted or involve numerous parties
14. An insurance company acting in bad faith is involved
15. The court is backlogged and requires additional time to make a decision

When do you need to file a wrongful death lawsuit?

Wrongful death lawsuits must be filed if the negligent or responsible party does not agree to a settlement. For example, an insurance company may be unwilling to provide adequate compensation for the death, or the other party may deny any responsibility for your loved one’s death. In these instances, filing a wrongful death lawsuit is important to seek justice and fair compensation for your loss.

How are wrongful death settlements paid out?

Wrongful death settlement payments are typically paid out in a lump sum to the estate of the deceased. In some cases, however, the settlement may be paid out in installments or structured payments over a set period of time. Understanding the terms of the settlement agreement before signing any paperwork is important.

Turnaround Time for Releasing Funds After Resolving a Wrongful Death Case

The payment of settlement funds following a wrongful death case can vary, depending on the specifics of the case. Most settlements are typically paid out within one to two months after resolution. In some cases, however, it may take longer for the funds to become available for all parties involved. It is important to have patience and understanding during this process if a long time passes between resolution and payment.

What to do if death settlements are not paid out?

If the settlement funds are not paid out within the expected timeframe, it is important to take action. Contact the responsible party or their attorney and remind them of their obligation to pay out the agreed-upon settlement amount.

If this does not work, you can take legal action to enforce the settlement agreement. One way of doing so is by filing a motion for contempt with the court. This motion requests that the responsible party be held in contempt of court and ordered to pay out the settlement funds.

Additionally, a lien may be placed on the responsible party’s assets or property to ensure settlement payment. Your best recourse is to consult with Jared Spingarn’s wrongful death attorney team to ensure you receive the settlement you deserve.

How can a wrongful death attorney help you?

Wrongful death attorneys from Jared Spingarn’s law firm are well-equipped to handle complex wrongful death cases and negotiations. Here are the ways how they can help you settle wrongful death claims:

• Provide legal advice on how to proceed with the case and ensure that your rights are protected
• Represent you during negotiations or court proceedings to secure the highest possible settlement award
• Collect evidence, build a strong case, and prepare all necessary paperwork for filing in court
• Connect you with other necessary experts, such as medical professionals or accident reconstruction specialists
• File any motions to enforce the settlement agreement if needed

Conclusion

How long does it take to settle wrongful death claims? Knowing the answer to this question will help you take the necessary steps to ensure a fair and just resolution for your loved one’s untimely passing. It is also essential to work with an experienced lawyer to properly navigate the legal process and secure the financial compensation that your family deserves. Doing so will help you gain closure and peace of mind during this difficult time. Get in touch with Jared Spingarn today to begin your attorney-client relationship.

>> If someone you know got involved in an accident that resulted in 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.

Navigating the unfamiliar waters of a wrongful death lawsuit can be an emotionally and financially difficult journey. Underneath the heaviness of grief, you may find yourself wondering how long can a wrongful death lawsuit take. The truth is that it depends on several key factors and the particularity of each case.

This article discusses the factors that influence the length of a wrongful death suit. It will provide guidance for getting started with your claim, and offer resources to help manage the complexities along the way. If you are currently dealing with a wrongful death lawsuit, it is best to consult with a knowledgeable wrongful death attorney immediately. The law firm of Jared Spingarn in Hollywood, Florida, has handled many wrongful death cases and can guide you and other surviving family members throughout the entire process.

Wrongful Death Lawsuits

Wrongful death lawsuits highly vary depending on the nature of the incident that caused the death. Generally, these suits are filed when someone dies due to another party’s negligence or intentional wrongdoing. Depending on the specifics of your case, you may have grounds to file a wrongful death lawsuit regardless of whether criminal charges were brought against the responsible party.

Hollywood, Florida’s Statute of Limitations

Before you can begin the process of filing a wrongful death lawsuit, you must first understand the statute of limitations in your state. In Hollywood, Florida, those bringing wrongful death claims have two years from the date of death to file their suit. After this timeline has expired, it will be impossible to pursue a claim. This is why it’s essential to start working with a wrongful death attorney soon after the incident occurs.

Be sure to get in touch with an attorney from Jared Spingarn’s law firm as soon as possible. Their team has handled multiple personal injury cases and those that resulted in wrongful deaths, and can indeed represent you in the legal proceedings.

Common Causes of Wrongful Death

The most common causes of wrongful death are motor vehicle accidents, medical malpractice, and workplace negligence/accidents.

Motor Vehicle Accidents

If another driver’s recklessness or negligence caused a fatal car crash, you might have grounds to file a wrongful death suit. This can include situations such as drunk driving, distracted driving, and disregard for traffic laws/regulations.

Medical Malpractice

Medical negligence is one of the leading causes of death in the United States. Suppose you believe that a doctor, nurse, or other medical professional failed to provide an adequate standard of care, resulting in the death of your loved one. In that case, you may be able to pursue compensation through a wrongful death suit.

Workplace Accidents

If your loved one was killed due to a workplace accident caused by their employer’s negligence, you might have grounds to file a wrongful death lawsuit. This could include inadequate safety measures or protocols, improper training and equipment, or hazardous conditions.

What damages am I entitled to in a wrongful death lawsuit?

If you successfully bring a wrongful death lawsuit, you may be able to claim damages for the loss of your loved one. This can include the following:

• Funeral and burial expenses
• Loss of companionship and emotional distress
• Loss of projected future earnings
• Pain and suffering endured by the deceased person before their passing
• Medical bills incurred prior to death

Value of a Wrongful Death Settlement

The value of a wrongful death settlement depends on the specific circumstances of each case. Generally speaking, settlements can range from tens of thousands to millions of dollars depending on factors such as the deceased’s age, work or employment, and capacity to earn. The responsible party’s intent is also considered in determining the value of the settlement.

Age

The deceased’s age is one of the most important factors in determining the value of a wrongful death settlement. Generally, the surviving family members of younger individuals deserve a higher settlement amount due to the deceased’s potential future earnings and ability to contribute to society.

Work or Employment

The work or employment of the deceased can also impact settlement value. If your loved one was employed in a high-paying field, such as medicine or law, you might be able to seek higher compensation than if they were working an entry-level position.

Capacity to Earn

Your loved one’s capacity to earn is also considered when determining the value of a wrongful death settlement. If your loved one had the potential to make more money in their lifetime, you could seek higher compensation for their lost wages and earnings.

The Intent of the Responsible Party

In ascertaining the compensation of a wrongful death settlement, it is also necessary to consider the intention behind actions taken by those responsible. Establishing that they acted intentionally and maliciously may give you grounds to seek more extensive indemnity for your losses.

Who can file a wrongful death claim in Hollywood, Florida?

In Hollywood, Florida, personal representatives of the deceased can file a wrongful death claim. This could be any immediate family member, such as parents, spouses, or children. A personal representative can also be a distant relative or friend appointed by the court.

The role of a personal representative is to act on behalf of the deceased and their family in filing a wrongful death suit. This includes gathering evidence, preparing a case for trial, negotiating with insurance companies or opposing legal teams, and representing you in court if necessary.

Wrongful Death Claims with an Insurance Company

Negotiating a wrongful death claim settlement with an insurance company requires careful consideration of available coverage and potential compensation amounts. While the negotiation process may be difficult, it can prove to be highly beneficial if you can acquire reasonable repayment for your losses. However, many insurance companies are focused more on their own profits than the policyholder’s needs and may attempt to reject or undervalue your claim.

What is bad faith insurance?

Bad faith insurance is when an insurance company acts unreasonably in handling a claim or fails to negotiate with the claimant in good faith. This can include rejecting legitimate claims, delaying payments, and providing inadequate compensation for damages.

Rejecting Legitimate Claims

Insurance companies may reject legitimate wrongful death claims by claiming that there isn’t enough evidence to support the claim, or that the policy wasn’t valid in the first place.

Delaying Payment

Insurance companies may also attempt to delay payments by making excuses such as requesting further investigation or additional paperwork. This is done to frustrate and confuse claimants so they will accept a lower offer.

Deliberately Providing Inadequate Compensation

Insurance companies may also try to offer a settlement amount much lower than the claim’s true value. This is done to save money for the company, even though it will result in far less compensation for the claimant.

How to protect yourself from bad-faith insurance?

Each wrongful death case is different, but in most cases, you will need to deal with the insurance company, putting you at risk of bad faith insurance. Take the following steps to protect yourself if this happens:

1. Gather evidence.

Collect as much evidence as possible to support your claims, such as medical records and witness statements. Make sure to document all communication with the insurance company and keep records of any payments you receive.

2. Do not accept the initial offer.

Insurance companies may try to get you to accept a lower offer than you deserve. Don’t be afraid to negotiate for higher compensation. Although the negotiation process can take some time, having patience is essential to the successful resolution of your case.

3. Seek legal advice from Jared Spingarn in Hollywood, Florida.

It is always best to consult an experienced wrongful death attorney who can help you understand your rights and protect them during negotiations with the insurance company. Schedule a free consultation with Jared to discuss your wrongful death case.

4. File a grievance.

If you believe the insurance company has acted in bad faith, you can file a grievance with The Florida Office of Insurance Regulation or even take legal action against them. Your attorney can also handle this process for you.

Filing a Wrongful Death Lawsuit

Filing a wrongful death suit can be a complicated and emotional process. To give you an overview, here is a step-by-step guide to filing a wrongful death suit:

Step 1: Determine who can file the claim.

The first step in filing a wrongful death suit is determining who has the legal right to bring the claim forward. In Hollywood, Florida, it is the personal representative of the deceased person’s estate.

Step 2: Establish liability.

It is important to establish who is liable for the wrongful death of your loved one. This may require extensive investigation, such as collecting evidence and interviewing witnesses.

Step 3: Calculate damages.

The court will consider various factors to calculate the amount of compensation you are eligible for, such as funeral and medical expenses, loss of income, and pain and suffering.

Step 4: File a complaint.

Once you have established liability and calculated damages, you can file a formal complaint with the court. This will initiate the legal process and allow your attorney to begin negotiations with the defendant’s insurance company.

Step 5: Negotiate a settlement.

Your attorney will begin negotiations with the defendant’s insurance company to reach a fair and just settlement agreement. If no agreement can be reached, your case may proceed to trial.

How long will a wrongful death lawsuit take?

On average, wrongful death cases settle in a period ranging from 10-12 months. Of course, this timeline can be extended due to several factors that may impact the case. Sometimes, it could take years – even longer if you have to go through litigation – before your claim is settled. Common elements or circumstances which will shape how long the process takes include the following:

• The complexity of the circumstances surrounding the death
• The availability and strength of available evidence and witnesses
• The number of parties involved in the suit
• Delays or obstruction by the defendant’s insurance company
• Whether or not the case goes to trial

It is important to remember that wrongful death cases often take a substantial amount of time, so it’s important to be patient and remain optimistic. Your attorney will do all they can to reach a favorable outcome in your case as quickly as possible.

Criminal Cases and Wrongful Death Claims

Sometimes, the individual who caused your loved one’s death may face criminal charges. If this is the case, you may still be able to pursue a wrongful death claim against that individual. The criminal case will not affect your wrongful death suit, and its outcome will not necessarily impact your civil claim. But a conviction in a criminal case can strengthen your civil claim and make it easier to prove liability. It is important to note that even if the responsible party is found not guilty in a criminal case, you may still be able to pursue a wrongful death claim.

Process of Receiving Wrongful Death Settlements

Once a settlement is reached, the process of receiving your wrongful death settlement begins. This process can take some time as the insurance company will need to review and approve all paperwork before your claim can be processed. Additionally, you may need to wait for court approval before any funds are distributed. Once approved, however, most settlements are typically paid out within a few weeks.

Once you are awarded a settlement, you should contact your attorney to ensure that the funds are dispersed correctly and in the amount agreed upon by both parties. Your attorney will also help ensure any debts or expenses resulting from the death of your loved one are paid off in full.

Conclusion

Now that you know how long a wrongful death lawsuit can take, you can begin filing a claim. Remember that the length of your case will depend on various factors, so it’s essential to be patient and remain optimistic throughout the entire legal process. By getting help from the experienced wrongful death attorneys from Jared Spingarn’s law firm, you can be sure that all aspects of your case are handled professionally and that you have the best chance of receiving a favorable outcome and maximum compensation for your losses.

>> If someone you know got 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.

Losing a beloved family member is undoubtedly one of the hardest moments in life, especially when it was preventable and was due to another party’s negligence. However, seeking justice and monetary compensation for your losses is possible through filing a wrongful death claim. This article will answer the question – how do you prove wrongful death? It will delve into the step-by-step process so that you can obtain closure in this difficult situation.

When dealing with a wrongful death lawsuit or claim, an attorney experienced in handling these types of cases is essential—as having an expert guide can make navigating the legal process much easier. In Hollywood, Florida, get in touch with a wrongful death lawyer from the Law Offices of Jared Spingarn to discuss your case and how to go about the legal process.

What is a wrongful death case?

A wrongful death is a legal term used to describe when someone dies due to the negligence or carelessness of another person. This means that the negligent party failed to perform their duty of care to the deceased person. When this happens, it’s possible to take action against that responsible party and file a wrongful death lawsuit with the help of an experienced lawyer from Jared’s firm. It’s important to understand that wrongful death is a civil case, not a criminal one. This means that someone can be found negligent for the death, but not face criminal charges.

Common Causes of Wrongful Death

Common causes of wrongful death include medical malpractice, car accidents, product defects, and workplace accidents.

• Medical malpractice occurs when a medical professional fails to provide the expected standard of care for their patient. This can happen as a result of misdiagnosis, surgical errors, or medication errors.
• In car accidents, if someone is killed in an accident caused by another driver’s negligence, they may be liable in a wrongful death case. This can include driving under the influence of alcohol or drugs, failure to obey traffic laws, distracted driving, or reckless behavior.
• Product defects can also lead to wrongful death. If a product is deemed unsafe for use and someone dies from using it, then the responsible party may be liable in a wrongful death case. This could include defective auto parts, faulty medical devices, or dangerous toys.
• Workplace accidents are also a common cause of wrongful death. If an employee is killed while on the job and it is determined that the employer was negligent in providing a safe work environment, they could be liable in a wrongful death case. This could include failing to provide proper safety equipment or overlooking hazardous conditions.

Proving Wrongful Death in Hollywood, Florida

Proving wrongful death can be complex and requires a significant amount of evidence. To prove a wrongful death case, you’ll need to show the following key components:

• That a person (the defendant) is legally responsible for the death;
• That their negligence or lack of reasonable care caused the death; and,
• That you or the surviving family members suffered monetary damages due to the death.

You’ll need to provide evidence of all three elements to win a wrongful death case. Your attorney from Jared’s firm can help build your case so you can seek justice on behalf of your loved one.

Evidence in Wrongful Death Cases

In wrongful death lawsuits, you must provide evidence to prove the case. This can include the following:

1. Eyewitness Testimony: If there were witnesses that saw the accident or incident that led to the death, their statements could be used as evidence.
2. Medical Records: These can show conditions or illnesses and how they contributed to the death.
3. Police Reports: Police reports provide an official record of the incident, including details about what happened and who was responsible.
4. Expert Witness Testimony: An expert witness from a particular field can be used to provide testimony on why the defendant’s actions led to the death. Examples of expert witnesses are doctors, forensic pathologists, psychiatrists, and more.
5. Photos or Videos: Photos or video footage of the accident scene can also be used as evidence. Although viewing this evidence can be stressful for the surviving family members, it is an important step in pursuing compensation.

Steps to Take to Prove Wrongful Death

To prove your wrongful death claims, you need to follow certain steps, and these include the following:

 

1. Gather Evidence

The first step of any legal case is gathering evidence. This could include police reports, medical records, witness statements, and other forms of proof that will help demonstrate negligence.

2. Assess Damages

The next step is to assess what damages have been done as a result of the death. This includes medical bills, funeral expenses, and any lost wages the deceased person may have earned if they were still alive.

3. Establish Negligence or Intentional Act

Lastly, you must be able to show that a negligent or intentional act of another person caused the death. This is done by collecting evidence and presenting it in court.

The Wrongful Death Statute of Limitations

It is important to note that there is a statute of limitations for filing wrongful death cases. The statute of limitations varies by state, so make sure you understand the laws in your area. The statute of limitations for wrongful death cases in Florida is two years. This means you have two years from the date of the person’s death to file a claim.

Who can file a wrongful death suit?

A wrongful death civil case is typically filed by survivors of the deceased, such as family members or other people who have suffered a financial loss due to the death. The goal is to recover damages that are owed due to the negligence or wrongful act of another.

In Florida, a wrongful death lawsuit should be filed by a personal representative of the deceased’s estate. The personal representative is typically the victim’s spouse, parent, or child (or, when none are available, other relatives).

Determining Wrongful Death Settlement Amounts

A wrongful death settlement amount is typically based on the economic and non-economic damages that have been suffered.

1. Economic damages

These are those that have a specific, measurable amount attached to them. These can include medical bills, funeral expenses, lost wages and benefits, and other costs related to the death.

2. Non-economic damages

These are more subjective in nature, but they still have an impact on the overall settlement amount. This can include pain and suffering, emotional distress, loss of companionship, and other damages that don’t have a specific amount associated with them.

3. Punitive damages

These are typically only awarded in cases of extreme negligence or intentional harm. These damages are designed to punish the at-fault party and deter them from engaging in similar conduct in the future.

The exact settlement amount you receive will depend on various factors, including the type of damages suffered and the specific details of your case. It will also be influenced by the strength of the evidence presented in court. The settlement amount may be higher if there is clear evidence of negligence or intentional harm.

It’s important to note that there is no set formula for determining wrongful death settlement amounts, so you should always discuss your case with an experienced attorney from Jared Spingarn’s firm in Hollywood, Florida, before proceeding.

What if the settlement amount is not paid out?

Other legal remedies are available if the defendant owed a settlement amount but failed to pay it out. In some cases, the court can issue an order of execution against the defendant’s property or assets to satisfy the debt owed.

In addition, you may be able to pursue a case in civil court for fraud or breach of contract. This can be a more difficult process, as you must prove that the defendant failed to fulfill their obligation to pay the settlement amount.

Why You Need to Hire an Experienced Wrongful Death Attorney

By enlisting a wrongful death lawyer from the law firm of Jared Spingarn, you can ensure that your case is handled correctly and that you receive the maximum amount of compensation for your losses.

Your wrongful death attorney will be able to guide you throughout the whole process until the settlement amount is fully paid out to you. They will answer your questions and help you understand your rights and options.

Jared Spingarn’s law firm also offers free consultations, so do not hesitate to contact them and schedule a meeting with one of their experienced attorneys. They have years of experience handling wrongful death cases, so you can trust that your case is in good hands.

Conclusion

Losing a loved one due to someone else’s negligence is incredibly painful, but seeking justice and closure by filing a wrongful death claim can help you through it. It is important to understand what evidence is required for success and ensure you have an experienced attorney to help you navigate the legally complex proceedings. With the proper evidence and support, a wrongful death claim can provide much-needed financial compensation for your loss and give you some solace in knowing that justice was served.

>> If someone you know got 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.

Untimely death is a tragedy no one should have to face, regardless of the circumstances. Suppose a family member died due to someone else’s wrongful actions. In that case, it can be an even greater burden for surviving family members who may wish to bring them justice and financial recompense—which raises the question: who pays in a wrongful death suit?

This article will reveal the complexities of filing a wrongful death claim, including how one is determined and who would be responsible for compensatory damages. It will answer the question of who pays for a wrongful death claim and how an experienced lawyer can help. If you are dealing with a wrongful death claim in Hollywood, Florida, be sure to get in touch with the team of Jared Spingarn. Jared’s team of attorneys can represent you in a claim or lawsuit to ensure that you will receive the wrongful death benefits you are entitled to.

What is a wrongful death suit?

Wrongful death suits arise when someone’s negligent or intentional actions result in the passing of another person. This includes workplace accidents, medical malpractice, vehicular negligence, or criminal activity.

In a wrongful death lawsuit, the defendant is seen as responsible for “taking” another person’s life and, thus, must be held accountable in some way. As such, it falls upon the court to decide whether to award damages to survivors of the deceased.

Determining Liability in a Wrongful Death Lawsuit

To determine liability in wrongful death claims, the plaintiff must demonstrate that the defendant is responsible for causing their loved one’s death. This requires proving that the defendant acted negligently or with intent to cause harm and proving it to be a direct cause of death.

Each wrongful death case is different. Different factors come into play, which your attorney from Jared’s law firm will look into closely before you file a wrongful death lawsuit. Having an attorney by your side will help ensure that the negligent party will be held liable for your loved one’s death.

Who pays for wrongful death compensation?

You are entitled to receive compensation from the liable party in a wrongful death lawsuit. In any wrongful death case, the liable party will be determined by whose negligence caused the death to occur. The compensation awarded in wrongful death suits depends on various factors. Still, it typically includes medical expenses related to end-of-life care, burial costs, and a sum to cover survivors’ economic and emotional losses. The following are the typical circumstances surrounding a wrongful death case:

Workplace Accidents

The employer can be sued for negligent actions that caused or contributed to an employee’s fatality. The company may also be held legally responsible and liable for damages.

Medical Malpractice

Hospitals, physicians, and other healthcare providers may be held liable if they are found to have acted negligently or recklessly in treating the deceased.

Vehicular Accidents

The driver of a car, truck, or motorcycle can be held liable for any wrongful death caused by their negligence.

Product Liability

Manufacturers and sellers of a defective product can be held liable for damages if the product caused or contributed to an individual’s death.

Criminal Activity

A criminal act such as murder or manslaughter may also result in a wrongful death suit. If the perpetrator is found guilty, they may be held liable to pay damages to the deceased’s family.

Financial Settlement from the Insurance Company

If the defendant is insured, the insurance company may cover some of the damages in a wrongful death suit. In some cases, such as vehicular accidents or medical malpractice claims, obtaining a financial settlement from an insurance company might be possible without going through court proceedings.

However, it is important to remember that insurance companies may not offer you a fair settlement. Their ultimate goal is to maximize their profit, so they may attempt to offer the lowest possible amount of compensation, or in the worst cases, they will even deny liability. In such cases, it is best to seek legal assistance and take them to court. The wrongful death lawyers from Jared Spingarn’s law firm in Hollywood, Florida, are experienced in speaking to insurance companies and fighting for your rights.

Claimable Damages in a Wrongful Death Case in Hollywood, Florida

In a wrongful death lawsuit, the court may award damages to survivors. This includes compensatory and non-economic damages; punitive damages may be awarded in some cases. Wrongful death damages may include any of the following:

• Loss of financial support that the deceased would have provided to their family.
• Loss of companionship and emotional support, including loss of love, comfort, guidance, protection, and other familial relationships.
• Funeral costs and medical bills.
• Mental anguish experienced by the surviving family members.
• Pain and suffering of the deceased before their death.
• Loss of inheritance or benefits that the deceased would have received in the future.
• Other related costs such as legal fees, court costs, etc.

It is important to note that punitive damages may also be awarded if it can be proven that the defendant acted with intentional or reckless disregard for the life of the deceased.

Who can file wrongful death lawsuits in Florida?

In Florida, the decedent’s personal representative must file a wrongful death lawsuit. The personal representative is usually a family member or a close relative who has been appointed to handle the deceased’s estate and affairs. The personal representative can then file a claim on behalf of the spouse, children, parents, or other surviving family members who have suffered a financial loss due to the death of their loved one.

Beneficiaries of a Wrongful Death Settlement

Beneficiaries of a wrongful death settlement are usually the decedent’s spouse, children, or other immediate family members who have suffered financially because of the death. In Florida, surviving spouses and minor children are usually entitled to a larger portion of the settlement than other beneficiaries. The amount each beneficiary will receive depends on the particular circumstances of the case and the damages incurred by each family member.

Beyond the immediate family members, business partners can even be granted damages if they prove the death caused them to incur a financial loss. A fiancé, a distant relative, or even an acquaintance can claim their share as beneficiary if they demonstrate financial dependence on the deceased individual.

How to File a Wrongful Death Claim

Filing a wrongful death lawsuit can be a difficult and emotionally taxing experience but it is important to remember that you are entitled to seek justice after losing a loved one. The following are the typical steps to follow in wrongful death lawsuits:

1. Contact a wrongful death attorney from the Law Offices of Jared Spingarn, P.A., in Florida.
2. Collect evidence relevant to the case, such as medical records, police reports, and witness statements.
3. File a claim with the court within two years of the decedent’s death.
4. Compile documentation of damages such as funeral costs, medical expenses, lost wages, and other losses caused by the death.
5. Negotiate a settlement with the defendant or go to trial if necessary.
6. Receive compensation for your damages.

Florida’s Statute of Limitations

After a wrongful death, the surviving family members of the deceased must file a claim within two years of the decedent’s death. This period is known as a statute of limitations, varying from state to state. In Florida, the wrongful death statute is located in Florida Statutes Section 768. It is essential to keep this statute in mind as it can affect your ability to recover damages from the death of a loved one if you miss the deadline for filing.

How are wrongful death settlements paid out?

Wrongful death settlements in Florida are typically paid out as a single lump sum or structured settlement. In either case, the money is intended to compensate surviving family members for their losses.

In a lump-sum payment, the settlement money is paid in full shortly after the case is resolved. Structured settlements may involve periodic payments over an extended period. Both options allow surviving family members to recover from the death of a loved one financially.

Is a wrongful death settlement subject to taxation?

No, wrongful death settlements are not subject to taxation in Florida. This means the entire settlement amount can be distributed amongst beneficiaries without fear of incurring taxes. However, it is essential to note that any interest earned on a settlement may be subject to taxation and should be reported accordingly.

What to do if your remuneration was unjustly withheld?

If you believe that your wrongful death settlement was unjustly withheld or unfairly reduced, there are still legal options you can explore. The first is called garnishment of wages. In this process, you can take legal action to have the defendant’s wages garnished until the settlement is paid in full. Another legal option is the motion to enforce the judgment. This requires the defendant to pay any payment that has been withheld. Your attorney from Jared’s firm in Hollywood, FL, can help ensure you receive the compensation you are entitled to.

Why do you need to hire a wrongful death attorney?

An experienced wrongful death lawyer can help you understand your rights and seek compensation for the financial losses from a loved one’s death. They can help you comprehend complicated legal issues and determine if you have a valid wrongful death claim. They will work diligently to ensure that the claims process is handled promptly and that the settlement is fair and just.

Conclusion

By knowing who pays in a wrongful death suit and understanding the legal process, you can make an informed decision about how to proceed. Ultimately, a wrongful death lawsuit is intended to provide financial compensation for survivors and should be taken seriously. If you believe you are entitled to a settlement, consulting with a wrongful death attorney from Jared Spingarn’s firm is the best way to protect your legal rights.

>> If someone you know got 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.

Untimely death is a tragedy no one should have to face, regardless of the circumstances. Suppose a family member died due to someone else’s wrongful actions. In that case, it can be an even greater burden for surviving family members who may wish to bring them justice and financial recompense—which raises the question: who pays in a wrongful death suit?

This article will reveal the complexities of filing a wrongful death claim, including how one is determined and who would be responsible for compensatory damages. It will answer the question of who pays for a wrongful death claim and how an experienced lawyer can help. If you are dealing with a wrongful death claim in Hollywood, Florida, be sure to get in touch with the team of Jared Spingarn. Jared’s team of attorneys can represent you in a claim or lawsuit to ensure that you will receive the wrongful death benefits you are entitled to.

What is a wrongful death suit?

Wrongful death suits arise when someone’s negligent or intentional actions result in the passing of another person. This includes workplace accidents, medical malpractice, vehicular negligence, or criminal activity.

In a wrongful death lawsuit, the defendant is seen as responsible for “taking” another person’s life and, thus, must be held accountable in some way. As such, it falls upon the court to decide whether to award damages to survivors of the deceased.

Determining Liability in a Wrongful Death Lawsuit

To determine liability in wrongful death claims, the plaintiff must demonstrate that the defendant is responsible for causing their loved one’s death. This requires proving that the defendant acted negligently or with intent to cause harm and proving it to be a direct cause of death.

Each wrongful death case is different. Different factors come into play, which your attorney from Jared’s law firm will look into closely before you file a wrongful death lawsuit. Having an attorney by your side will help ensure that the negligent party will be held liable for your loved one’s death.

Who pays for wrongful death compensation?

You are entitled to receive compensation from the liable party in a wrongful death lawsuit. In any wrongful death case, the liable party will be determined by whose negligence caused the death to occur. The compensation awarded in wrongful death suits depends on various factors. Still, it typically includes medical expenses related to end-of-life care, burial costs, and a sum to cover survivors’ economic and emotional losses. The following are the typical circumstances surrounding a wrongful death case:

Workplace Accidents

The employer can be sued for negligent actions that caused or contributed to an employee’s fatality. The company may also be held legally responsible and liable for damages.

Medical Malpractice

Hospitals, physicians, and other healthcare providers may be held liable if they are found to have acted negligently or recklessly in treating the deceased.

Vehicular Accidents

The driver of a car, truck, or motorcycle can be held liable for any wrongful death caused by their negligence.

Product Liability

Manufacturers and sellers of a defective product can be held liable for damages if the product caused or contributed to an individual’s death.

Criminal Activity

A criminal act such as murder or manslaughter may also result in a wrongful death suit. If the perpetrator is found guilty, they may be held liable to pay damages to the deceased’s family.

Financial Settlement from the Insurance Company

If the defendant is insured, the insurance company may cover some of the damages in a wrongful death suit. In some cases, such as vehicular accidents or medical malpractice claims, obtaining a financial settlement from an insurance company might be possible without going through court proceedings.

However, it is important to remember that insurance companies may not offer you a fair settlement. Their ultimate goal is to maximize their profit, so they may attempt to offer the lowest possible amount of compensation, or in the worst cases, they will even deny liability. In such cases, it is best to seek legal assistance and take them to court. The wrongful death lawyers from Jared Spingarn’s law firm in Hollywood, Florida, are experienced in speaking to insurance companies and fighting for your rights.

Claimable Damages in a Wrongful Death Case in Hollywood, Florida

In a wrongful death lawsuit, the court may award damages to survivors. This includes compensatory and non-economic damages; punitive damages may be awarded in some cases. Wrongful death damages may include any of the following:

• Loss of financial support that the deceased would have provided to their family.
• Loss of companionship and emotional support, including loss of love, comfort, guidance, protection, and other familial relationships.
• Funeral costs and medical bills.
• Mental anguish experienced by the surviving family members.
• Pain and suffering of the deceased before their death.
• Loss of inheritance or benefits that the deceased would have received in the future.
• Other related costs such as legal fees, court costs, etc.

It is important to note that punitive damages may also be awarded if it can be proven that the defendant acted with intentional or reckless disregard for the life of the deceased.

Who can file wrongful death lawsuits in Florida?

In Florida, the decedent’s personal representative must file a wrongful death lawsuit. The personal representative is usually a family member or a close relative who has been appointed to handle the deceased’s estate and affairs. The personal representative can then file a claim on behalf of the spouse, children, parents, or other surviving family members who have suffered a financial loss due to the death of their loved one.

Beneficiaries of a Wrongful Death Settlement

Beneficiaries of a wrongful death settlement are usually the decedent’s spouse, children, or other immediate family members who have suffered financially because of the death. In Florida, surviving spouses and minor children are usually entitled to a larger portion of the settlement than other beneficiaries. The amount each beneficiary will receive depends on the particular circumstances of the case and the damages incurred by each family member.

Beyond the immediate family members, business partners can even be granted damages if they prove the death caused them to incur a financial loss. A fiancé, a distant relative, or even an acquaintance can claim their share as beneficiary if they demonstrate financial dependence on the deceased individual.

How to File a Wrongful Death Claim

Filing a wrongful death lawsuit can be a difficult and emotionally taxing experience but it is important to remember that you are entitled to seek justice after losing a loved one. The following are the typical steps to follow in wrongful death lawsuits:

1. Contact a wrongful death attorney from the Law Offices of Jared Spingarn, P.A., in Florida.
2. Collect evidence relevant to the case, such as medical records, police reports, and witness statements.
3. File a claim with the court within two years of the decedent’s death.
4. Compile documentation of damages such as funeral costs, medical expenses, lost wages, and other losses caused by the death.
5. Negotiate a settlement with the defendant or go to trial if necessary.
6. Receive compensation for your damages.

Florida’s Statute of Limitations

After a wrongful death, the surviving family members of the deceased must file a claim within two years of the decedent’s death. This period is known as a statute of limitations, varying from state to state. In Florida, the wrongful death statute is located in Florida Statutes Section 768. It is essential to keep this statute in mind as it can affect your ability to recover damages from the death of a loved one if you miss the deadline for filing.

How are wrongful death settlements paid out?

Wrongful death settlements in Florida are typically paid out as a single lump sum or structured settlement. In either case, the money is intended to compensate surviving family members for their losses.

In a lump-sum payment, the settlement money is paid in full shortly after the case is resolved. Structured settlements may involve periodic payments over an extended period. Both options allow surviving family members to recover from the death of a loved one financially.

Is a wrongful death settlement subject to taxation?

No, wrongful death settlements are not subject to taxation in Florida. This means the entire settlement amount can be distributed amongst beneficiaries without fear of incurring taxes. However, it is essential to note that any interest earned on a settlement may be subject to taxation and should be reported accordingly.

What to do if your remuneration was unjustly withheld?

If you believe that your wrongful death settlement was unjustly withheld or unfairly reduced, there are still legal options you can explore. The first is called garnishment of wages. In this process, you can take legal action to have the defendant’s wages garnished until the settlement is paid in full. Another legal option is the motion to enforce the judgment. This requires the defendant to pay any payment that has been withheld. Your attorney from Jared’s firm in Hollywood, FL, can help ensure you receive the compensation you are entitled to.

Why do you need to hire a wrongful death attorney?

An experienced wrongful death lawyer can help you understand your rights and seek compensation for the financial losses from a loved one’s death. They can help you comprehend complicated legal issues and determine if you have a valid wrongful death claim. They will work diligently to ensure that the claims process is handled promptly and that the settlement is fair and just.

Conclusion

By knowing who pays in a wrongful death suit and understanding the legal process, you can make an informed decision about how to proceed. Ultimately, a wrongful death lawsuit is intended to provide financial compensation for survivors and should be taken seriously. If you believe you are entitled to a settlement, consulting with a wrongful death attorney from Jared Spingarn’s firm is the best way to protect your legal rights.

>> If someone you know got 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.

When it comes to an untimely death, no amount of money can bring the person you love back. But a wrongful death settlement in Florida is intended to help families receive fair compensation for their loved one’s passing. Though this is probably not something anyone wants to think about with such a painful loss, it is important to know how these settlements are divided and what should be done with them.

In this post, we’ll cover what needs to be taken into consideration when dividing a wrongful death settlement in Florida so that it meets everyone’s needs while being both fair and equitable. Read on for more information about this important topic!

Florida law on wrongful death cases

This is outlined in chapter 768 of the Florida Statutes. According to the law, a wrongful death claim may be brought if someone’s negligence or intentional act caused the death of another person. The survivor(s) can seek compensation for damages like medical expenses, loss of earnings, and funeral or burial costs.

When it comes time to divide the settlement, it must be done with fairness and equity in mind. Generally speaking, certain family members are entitled to a portion of the money.

Statute of limitations in Florida

Wrongful death claims in Florida typically have a two-year statute of limitations. This means that the survivors must file their claim within two years from the date of death, or they could lose the right to pursue compensation.

Reasons for a wrongful death claim

The most common reasons for a wrongful death claim in Florida include medical malpractice, automobile, and other vehicle-related accidents, defective products, workplace negligence, and even criminal activity.

1. Medical malpractice

This is one of the most common reasons for wrongful death claims. This occurs when a medical professional fails to provide proper care and their negligence resulted in the death of a patient.

2. Vehicle-related accidents

This includes car accidents, truck accidents, motorcycle accidents, and more. If the accident was caused by another driver’s negligence or a malfunctioning part of the vehicle, then a wrongful death claim may be brought against them.

3. Defective products

Any type of product that was defective due to improper manufacturing or design could lead to a wrongful death claim if it caused the death of someone. Some common examples include faulty machinery, flammable clothing, toxic substances, and more.

4. Workplace negligence

If an employer does not provide a safe workplace and their employee is harmed or killed, then the employer can be held liable. Examples include not providing safety equipment and failing to properly train employees.

5. Criminal activity

If someone is killed as a result of another person’s intentional actions such as murder or assault, the family of the deceased can bring a wrongful death claim against them.

In any event, if someone’s negligence or intentional act caused the death of another person then they may be held liable through a wrongful death lawsuit.

Damages in wrongful death lawsuits

The damages in a wrongful death lawsuit are typically separated into three categories: economic, non-economic, and punitive damages.

1. Economic damages

These are intended to cover the financial losses of the deceased’s family. Examples include medical expenses, funeral/burial costs, and lost wages.

2. Non-economic damages

These are meant to compensate for any intangible losses that were suffered as a result of the death. This can include loss of companionship, pain and suffering, and mental anguish experienced by the family of the deceased.

3. Punitive damages

Punitive damages are designed to not just compensate the family, but also to punish the at-fault party and discourage them from similar conduct in the future. When there is evidence of malicious or reckless intent behind a fatality, punitive damages may be awarded as well.

The average amount of wrongful death settlements

It is difficult to give an exact amount for a wrongful death settlement as it will vary depending on the circumstances of each case. Some factors that are taken into consideration include the age, income, and life expectancy of the deceased and any damages suffered by their family.

The age and life expectancy of the deceased play a major role in determining the amount of compensation. Generally speaking, the younger a person was when they died, the higher the settlement as it is assumed that they would have earned more over their lifetime had they not died.

Dividing wrongful death settlements

A Florida court decides how to divide a wrongful death settlement through an equitable distribution system. It is important to understand how this system works when dividing a settlement, as it can help ensure that all parties are treated fairly in the end.

Generally, the court will first divide up the settlement into two parts: economic losses and noneconomic losses.

Once these two categories are divided up, then the surviving family members must decide how they want to divide the money within each category. All parties involved must agree on a fair and equitable distribution of the settlement, as this will be used by the court in its final ruling.

Members of the deceased’s family may also be entitled to a portion of the money from any punitive damages that are awarded in a wrongful death settlement.

Finally, if there are any assets left over after the settlement has been divided up, then these should also be distributed fairly among the surviving family members.

Who can receive compensation in wrongful death settlements?

In Florida, succession laws dictate who is entitled to compensation in a wrongful death settlement. Typically, this includes the surviving spouse and children. Surviving parents, siblings, or any other family members may also be entitled to compensation depending on the situation. Even if a person is not a family member like a fiancé or life partner, or a friend, they may still be entitled to legal recognition and compensation if they can prove that they were financially dependent on the deceased.

However, in Florida, not just anyone can bring a wrongful death claim. It must be brought by a personal representative who is responsible for representing the interests of the deceased’s estate.

Role of personal representatives

In Florida, a personal representative is someone who is appointed by the court to manage the deceased’s estate when there is no valid will. This includes filing any lawsuits on behalf of the estate and distributing settlements to surviving family members. The personal representative has a fiduciary duty to act in the best interests of all those entitled to receive proceeds from the wrongful death lawsuit and must follow all applicable laws.

Settlement Duration of a wrongful death case

In most cases, a wrongful death case can take anywhere from one to two years to settle. This is because numerous legal issues must be addressed for the case to be resolved.

To ensure that your case is handled properly and efficiently, it is important to hire an experienced wrongful death attorney. They will be able to help guide you through the entire process, from filing the initial claim to receiving your settlement.

How a wrongful death lawyer can help you

A wrongful death lawyer from the Jared Spingarn law firm can help you and your family in several ways. First, they can advise you on your legal rights and options for pursuing a claim.

Second, they will handle all of the paperwork involved in filing a wrongful death claim. This includes gathering all the evidence, filing documents with the court, negotiating with insurance companies, and representing you in court.

Finally, an experienced wrongful death lawyer will be able to help you determine the amount of compensation that you are entitled to receive from your wrongful death claim. They will also be able to guide you through the entire settlement process so that you get the maximum amount of compensation possible.

Conclusion

Divvying up a wrongful death settlement in Florida can be a complicated process. But knowing how to divide a wrongful death settlement, who is entitled to compensation, and the statute of limitations can help family members make sure that they are treated fairly during this difficult time.

It is important to understand how the court divides up these settlements and what needs to be taken into consideration when distributing the money among the survivors. By taking all of these factors into account, you can ensure that everyone receives the legal compensation they deserve.

It is also important to keep in mind that each wrongful death case is unique, so it is best to seek legal counsel for advice when dealing with a wrongful death settlement. Wrongful death attorneys can help you understand the laws in Florida and ensure that everyone receives their rightful share of the compensation.

>> If a loved one got 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.

Are you and your family dealing with the loss of a loved one due to an unexpected or preventable death? If so, this is understandably a difficult time for everyone. You may be feeling responsible for the deceased person’s medical costs and funeral expenses, which can lead to an overwhelming number of questions that are hard to answer.

The purpose of this post is to provide answers regarding how wrongful death claims work in Florida and what type of evidence is necessary to prove fault in one. Moreover, we’ll offer advice on how best to ensure you get the justice you deserve by outlining the statute of limitations related specifically to wrongful death cases in Florida as well as giving actionable steps on filing a claim and getting legal representation. No matter what kind of situation you find yourself in concerning wrongful death, we hope that this guide will help bring clarity during these turbulent times.

Defining a wrongful death lawsuit

After someone else’s wrongful act or negligence, a person can file suit for “wrongful death.” Wrongful death lawsuits seek to recover damages for the losses sustained by family members due to their loved one’s untimely passing. If you’re looking to prove a wrongful death, you must understand Florida law regarding these types of cases.

Florida law

Florida law states that a wrongful death must be based on a claimant’s ability to prove that the death of their loved one was caused by another person’s negligence, carelessness, or recklessness. In other words, you must be able to present evidence that someone else is responsible for your loved one’s passing.

Statute of limitations

For all wrongful death cases in Florida, the statute of limitations is two years, meaning that a claimant must file suit within two years of the deceased person’s passing. It’s important to note that this time limit applies to all aspects of a wrongful death lawsuit and all claims related to it.

The burden of proof in wrongful death lawsuits

A wrongful death suit is a civil lawsuit and not a criminal charge. The burden of proof in a wrongful death lawsuit is much lower than in criminal cases. To be successful, plaintiffs need only prove that the defendant’s negligence was more likely than not the cause of their loved one’s death.

Wrongful death case: causes, elements, evidence

To prove wrongful death has taken place, plaintiffs must establish the cause and essential elements accompanied by conclusive evidence to support the claim.

Common causes of wrongful death

The most common causes of wrongful death include motor vehicle accidents, medical malpractice, nursing home negligence, defective products, and acts of violence.

Elements of a wrongful death claim

The four essential elements of a wrongful death claim are:

• Negligence – This can include any careless, intentional, or reckless behavior that directly leads to the death of a person.

• Breach of duty – This simply means that the person who caused the wrongful death was legally obligated to provide care and safety to the deceased individual and failed to do so.

• Proving Causation – There are two types of causation; proximate, which is the direct cause of death, and actual, which means that the harm would not have occurred if it were not for the wrongful acts or omissions of another.

• Damages – This refers to any losses incurred by the deceased person’s family due to his/her passing. Three types of damages can be incurred in a wrongful death case: economic damages, non-economic damages, and punitive damages.

Conclusive evidence to prove wrongful death

To prove wrongful death, claimants must provide conclusive evidence such as:

1. Testimony of expert witnesses to establish negligence

2. Medical records related to the deceased person’s injury or illness

3. Police reports indicating that another party was at fault

4. Witness/eyewitness accounts of what occurred prior to and during the incident

5. Photos, videos, or other physical evidence from the site of the incident

6. Documentation of the deceased person’s financial losses and/or medical expenses

7. Testimony from family members regarding the deceased person’s character, interests, etc.

Calculating damages in wrongful death claims

Damages in wrongful death cases are calculated based on a variety of factors, including economic, non-economic, and punitive damages.

Economic damages are awarded to the claimant to cover any financial losses suffered as a result of their loved one’s death. These may include funeral expenses, medical bills, loss of income or benefits, and other costs associated with the deceased person’s passing.

Non-economic damages refer to compensation for intangible losses such as pain and suffering, loss of companionship, and emotional distress. These damages are more difficult to calculate as they do not have an exact monetary value.

It is important to note that punitive damages may also be awarded in some cases. Punitive damages are intended to punish the defendant for their negligent or intentional behavior and serve as a deterrent for similar incidents in the future. However, they are rare and usually only awarded when the defendant’s actions were especially egregious.

Wrongful death settlement

The claimant’s legal team may be able to negotiate a wrongful death settlement with the defendant outside of court. This option can be advantageous as it can save time and money. However, the amount of compensation given in a wrongful death settlement is typically lower than if the case were taken to trial.

It is important to understand the legal process of a wrongful death lawsuit before proceeding with your case. This can help you make informed decisions and improve your chances of receiving the justice and compensation you deserve.

Who can file a wrongful death claim?

In Florida, the personal representative of the deceased person’s estate is the only one who can file a wrongful death claim. This individual will be appointed by either the court or named in the deceased person’s last will. The personal representative may also be a family member, such as the deceased’s spouse, parent, or child.

 

How to file a wrongful death claim

1. Gather evidence – This includes any documents, photos, videos, or other materials that prove negligence.

2. Consult with an attorney – A wrongful death lawyer can help you understand the legal process and how to build a strong case.

3. File a claim in court – The time frame for filing a wrongful death lawsuit is limited by law.

4. Serve the defendant with a summons – This officially notifies them of the lawsuit and gives them time to prepare their defense.

5. Gather more evidence – Additional evidence can be collected through witness testimony, expert opinions, reports from medical professionals, etc.

6. Negotiate a settlement agreement – This is an option that allows the parties to come to an agreement outside of court, thereby avoiding a costly trial.

7. Go to court – The case will be tried in front of a judge and jury if no settlement is reached.

No matter what steps you take, consulting with a wrongful death lawyer should always be your first step. A skilled attorney can help you understand the legal process, protect your rights, and build a strong case to seek justice for your loved one.

How a wrongful death attorney can help you

It is wise to hire a lawyer from the Jared Spingarn law firm who has experience in handling wrongful death cases. You can be sure that they are knowledgeable about the laws and regulations related to such claims. They should also be able to provide sound and effective legal advice about how best to proceed.

Once you have hired a lawyer, they will guide you through the process of filing a claim and represent your rights in court. You must keep all communications with them confidential, as anything said can be used against you in court.

In addition to providing legal counsel, your lawyer can work with you to develop a strategy for negotiating a fair wrongful death settlement. They can also help you calculate the number of damages that the defendant owed you.

Ultimately, it is important to remember that no amount of money can make up for the loss of a loved one. But seeking justice and financial compensation is an important step in the healing process, and having a skilled attorney on your side to help can be invaluable.

Conclusion

A wrongful death suit can be a complicated process, but having experienced legal representation on your side can make a difference. It is also important to remember that there are time limitations in these cases so if you believe you may have a valid claim against a wrongful act, it’s important to contact an attorney as soon as possible. With the right team, evidence, and knowledge on how to prove wrongful death, you can ensure that you get the recompense your family deserves and that the deceased person died not in vain but in justice.

>> If someone you know got 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.

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:

1. Medical malpractice
2. Car, truck, and motor vehicle collisions
3. Defective products such as medicines, appliances, and toys
4. Workplace accidents
5. Exposure to hazardous substances or environments
6. Unsafe premises or buildings
7. Intentional and unlawful acts of violence
8. 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:

1. Loss of financial support
2. Funeral and burial expenses
3. Medical bills associated with the injury that led to the deceased’s death
4. Pain and suffering endured by the surviving family members
5. Loss of relationship and companionship
6. Lost wages and earning capacity, if the deceased was employed
7. 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:

1. The deceased was the primary breadwinner in the family.
2. The losses are significant due to medical bills or funeral costs.
3. Multiple surviving family members depended on the income of the deceased person.
4. 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:

1. The deceased’s death certificate
2. Medical records from the injury or illness that caused the death
3. Statements from witnesses or experts who can attest to the negligence or wrongful act of another party
4. Evidence of any financial losses suffered by the family
5. 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:

1. 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.
2. The amount and strength of evidence needed to support the claim
3. An uncooperative defendant or insurance company
4. The size of the settlement or award sought
5. Third-party involvement in the dispute
6. 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.

Conclusion

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.