Are you worried about getting compensation in a wrongful death case? A skilled lawyer in Port St Lucie may be able to help. Read on to find out more.
There are many reasons to require the services of a Port St Lucie personal injury lawyer. From defective products to nursing home neglect, auto accident claims, etc., you can easily fall victim to someone else's negligence.
However, sometimes, your personal injury may not be from bodily harm inflicted on you. Instead, your pain may be from a loved one's untimely death due to the responsible party's carelessness.
According to the CDC, unintentional injuries are the fourth leading cause of death in the USA. In its 2020 statistics, unintentional falls claimed the lives of 42,114 people, while 40,698 died from motor vehicle accidents. Meanwhile, 87,404 persons died from accidental poisoning.
If your family member or loved one's death is due to a personal injury, can you seek justice on their behalf? If yes, can a Port St Lucie attorney help, or do you have to do it alone? What kind of lawyer will you need to seek justice against the at-fault party? This article will answer these questions and more.
There are different types of bodily injuries that a personal injury victim may suffer. Common personal injuries include broken bones, spinal injuries, chemical burns, knee injuries, traumatic brain injuries, etc. Depending on the accident's severity and other factors, the injured person may recover fully or develop life-altering conditions.
In the worst-case scenario, complications from the injuries can lead to the victim's death. It is such cases that we refer to as wrongful death. In other words, wrongful death is a specific type of personal injury where someone's negligent actions cause another's death.
These are the essential elements of a wrongful death lawsuit or claim:
Negligence is the first element of wrongful death that you must prove to support your claims for fair compensation. In wrongful death cases, it refers to the at-fault party's carelessness or recklessness. For example, in a fatal accident due to distracted driving, the negligent party is the driver who carelessly played with their phone behind the wheel.
For your wrongful death lawsuit to succeed, you must show that the defendant owed the deceased a duty of care. The law imposed a responsibility on the defendant to care for the victim. When you establish a duty of care, you must also prove that the at-fault person didn't live up to their responsibility. For example, all road users owe a duty of care to those around them to drive safely.
A wrongful death case requires that you prove the connection between the defendant's negligence and the victim's demise. That is, you must show that the deceased wouldn't have died if the defendant didn't breach their duty of care.
This is the harm the victim's death has caused you. It could be financial losses, psychological trauma, funeral expenses, etc.
Proving the four elements of wrongful death requires concrete evidence.
The untimely death of a loved one can cause emotional pain to their family, friends, and acquaintances. However, Florida's wrongful death laws allow only these persons to file a claim or lawsuit:
Speak to an experienced lawyer in Port St Lucie to determine your eligibility to file a wrongful death claim.
When it comes to seeking justice for a family member's wrongful death, you can't underplay the role of a lawyer. Having high-quality legal representation can help your case in several ways.
Here's how a lawyer in Port St Lucie can help you with a wrongful death claim or lawsuit:
Wrongful death cases are typically complex and challenging to handle. Therefore, you'll need an expert in the wrongful death field to tackle them. For example, factors like adopted relatives, divorce, illegitimate children, etc., can make it challenging to determine eligibility for a claim.
You'll also consider legal factors like the Statute of Limitations. It's a lot to deal with, especially when mourning a loved one. However, a personal injury attorney will competently take over the legal process to help you recover fair financial compensation.
You'll need tons of evidence to prove the elements of a wrongful death case. Unfortunately, evidence is not always readily available. However, an experienced personal injury lawyer in Florida can help with investigations to reveal essential facts in your case.
Insurance companies can be frustrating to deal with. Your Port St Lucie personal injury lawyer knows the ins and outs of personal injury law and negotiations, and can beat the adjusters at their own game.
Winning your personal injury claim depends significantly on how well you avoid specific common mistakes. With an attorney, you will have access to quality legal advice to help you make informed decisions.
There are numerous paperwork and documents you must attend to progress in your wrongful death claim. Without legal experience, you'll find it difficult to understand certain terminologies or prepare specific documents. That's the job of a personal injury lawyer in Florida.
One of the most complex parts of a wrongful death claim is filing a lawsuit. However, you wouldn't need to worry about anything if you have a competent attorney representing you. They'll represent your interests in court and fight to convince the court to rule in your favor.
Monetary damages for wrongful death cases differ from case to case. The amount you'll receive as compensation depends on numerous factors like the type of accident, relationship with the deceased, etc.
These are the common types of monetary compensation wrongful death victims may receive:
Many claimants fail to contact experienced attorneys because of the fear of high lawyer fees. However, you shouldn't worry about that. Numerous wrongful death lawyers charge fees on a contingency basis.
You won't pay your attorney's legal fees if you don't get compensation. Your injury attorney will only collect their professional charges from the damages you receive. Usually, you'll agree on a suitable percentage with your lawyers before commencing your claim or lawsuit.
So, while your lawyer's fee depends on numerous considerations, it will be fair and risk-free. Many law firms also offer free case reviews to potential clients.
Did you lose a family member to catastrophic injuries due to someone else's negligence? We at VG Law Group understand that this is a difficult time for you. So we've provided stress-free avenues for you and the rest of your family to get justice quickly.
Our Port St. Lucie personal injury lawyers have experience in wrongful death cases and can handle any complications that arise. Our dedication and commitment to your case ensure that we wouldn't leave any stone unturned in securing maximum compensation on your behalf. Dial our office immediately and speak with our friendly staff for more information.