Losing someone you love is always devastating. It is especially so when the passing is sudden and unexpected, as is the case with fatal car accidents, workplace mishaps, or more intentional causes of death. When a life ends abruptly, it leaves a hole in the lives of all the people who know and love them, from family members to friends, coworkers, and acquaintances. Healing from the sudden loss of a loved one takes time, and nothing ever feels the same. In some cases, however, a wrongful death attorney in Tamarac can help to ease the financial strain and provide some sense of closure.
Here’s what you need to know about wrongful death claims.
What Qualifies as a Wrongful Death?
Under Florida law, wrongful death is defined as a death caused by the legal fault of another party, either by negligence or intentional action. This includes:
- Vehicular manslaughter
- Boating accidents caused by negligence
- Deaths as the direct result of product deficiency
- Medical malpractice
- Botched surgery
- Nursing home abuse or neglect
- Death in the course of another crime
- Death as the result of intentional assault or battery
A wrongful death attorney in Tamarac can help you determine if your loved one’s passing qualifies for a wrongful death claim.
Who Should Hire a Wrongful Death Attorney in Tamarac?
In most states, wrongful death claims are limited to immediate family members. Spouses, biological and adoptive children, or parents may qualify, with some acceptances. In some states, for example, adult children who are no longer financially dependent may not file wrongful death claims. Likewise, parents of adult children who live outside of the home and support themselves may be denied wrongful death benefits.
Some exceptions to this law include:
- The parent of a fetus that has died
- A life partner or common law spouse (in certain states)
- Distant relatives, if no immediate family members hold a valid claim
With Cameron Law Group, a wrongful death attorney in Tamarac can help you understand your rights and guide you through the process of filing a claim. Contact us today to learn more about our services.
How do you quantify the value of a wrongful death claim? The answer is complicated. While a judge or jury may be able to calculate the exact value of lost wages, medical bills, and funeral costs accrued as the direct result of a wrongful death, additional damages are harder to ascribe monetary value to. That’s why wrongful death damages are usually divided into two categories:
Compensatory: this is strictly financial. Here, a judge or jury calculated the financial damaged caused by a person’s wrongful death, using a reasonable calculation based on average life expectancy, salary, and other factors like inflation or inherent risk of the job. Medical bills, property damage, and funeral costs also fall into this category. Through restitution of financial damages, a judge grants the recovery of financial damages, but wrongful deaths damages branch beyond just money.
A wrongful death attorney in Tamarac can also argue for non-monetary loss in your favor. This includes grievances, loss of companionship, and loss of services for people who are reliant on the deceased for assistance. Be sure to discuss all your options with your lawyer.
Punitive: if a judge or jury deems the actions of the defendant to be especially reckless or negligent, a judgement may be passed down for additional damages. The specifics of these judgments are determined by a jury.
Cameron Law Group is here to help serve and protect your family through this trying time. Contact us now to being your wrongful death claim process.