Understanding A Wrongful Death Lawsuit
Michael Babboni
Wrongful Death
Most accidents that occur in Florida are fairly minor, and the majority of the rest will lead to serious injuries. But a percentage of them will sadly end in death. When a loved one passes away as a result of an accident, it can have a serious impact on the lives of those around them. In many cases, seeking financial compensation in the form of a wrongful death lawsuit is something well worth considering.Finding a good wrongful death lawyer should be your first step in the process. However, as with anything else knowledge is power and taking a minute to understand more about wrongful death lawsuits is well worth doing. Here's what you should know.
Why You Should Seek Compensation
We know there's no way to bring back your loved one. But their death can have a tremendous impact on your life in numerous ways, and can make it hard to move on after they're gone. Seeking financial compensation for their passing can help by alleviating the heavy financial strain an accident could have placed on you and your family. It can also help relieve some of the stress caused by that financial burden so you can try to remember your loved one's memory instead of the hardship their passing created.
Simply put, financial compensation can help you move on and get some form of justice for a death that shouldn't have happened.
When You Can Seek Compensation
Your attorney will review your case and help determine whether or not you actually have the right to seek financial compensation for the loss of your loved one. In wrongful death cases, a couple of things have to be shown:
- You must show that the other party was negligent or reckless in their actions.
- It must be shown that those reckless, negligent actions led directly to the accident that caused your loved one to pass away.
Those are the two primary foundations of your ability to seek compensation. Additionally, you must be in a position for the death to have financially and emotionally impacted you – a spouse or child, for example.
What Compensation Is Based On
One of the most important things to understand is exactly how your compensation will be determined. Courts look at several things to help them understand what kind of compensation is fair. Factors that will be used include the following.
- Medical Costs – It's likely that the accident in question also led to heavy medical bills before the passing of your loved one. These medical costs can place a serious strain on your finances, which is why they'll be considered when determining a fair compensation amount.
- Loss Of Livelihood – Losing your family's primary breadwinner can be a crushing blow, even if they had some kind of insurance policy in place. Experts will estimate the total amount of earnings your loved one would have earned throughout the future and use that sum to increase the compensation you're owed.
- Funeral Costs – The costs of memorial services and funerals can be very high, and those expenses will also be added into the final sum.
It's important to note that these are factors used by courts to determine an awarded compensation amount, but they're also the basis for determining what a fair settlement amount will be. If you're offered an out of court settlement, the factors above will be considered by your attorney to ensure that you're getting a fair offer.
If you've lost a loved one in an accident that wasn't their fault, contacting an attorney could help you get the financial compensation you deserve and that you need to get your life back on track and move on from your loss.