Losing a loved one is always a tragic experience, but when the death is the result of someone else’s negligence, recklessness, or malice, the pain of this loss can be even more upsetting. While no amount of money will ever undo this tragedy, there is no reason that the surviving family members or dependents should be responsible for the financial impacts of the defendant’s actions, and a wrongful death case is one of the ways to get the financial justice that you deserve.
Find a Wrongful Death Accident Lawyer in Sarasota Today
After such a terrible loss, even thinking about going through the process of looking for an attorney can seem overwhelming, but fortunately, there is an easy way to be connected with a lawyer without taking on this stress yourself. 1-800-Injured can connect you with an attorney in Sarasota who is available to take your wrongful death case as soon as possible.
1-800-Injured is an attorney and medical referral service. Contact us as soon as possible so that your legal concerns can be taken on by an experienced and aggressive attorney while you and your family are able to focus on your own needs. During this difficult time, it is important to work with a professional who can help shield you from the administrative stressors of the legal process so that your emotional needs are a priority.
What Constitutes a Wrongful Death?
Wrongful death is covered under American tort law, and whether or not there are criminal charges against the responsible party, the surviving family members and/or dependents may have a right to seek compensatory damages. In certain cases, a judge or jury may award punitive damages in addition to the actual damages, but a plaintiff and their legal representation can not request these types of damages.
As with all personal injury cases, there are a few factors that must be present in order for a wrongful death case to be considered valid:
- The defendant had a duty of care that they were expected to uphold in their interactions with the deceased
- The defendant failed to uphold their duty of care
- This failure to uphold the duty of care caused an accident that the deceased was involved in
- The accident caused the death in question
As you can imagine by these criteria, there are many different situations where a death can be covered under tort law. Determining whether or not your own circumstances meet these criteria can be overwhelming, but working with an experienced wrongful death lawyer in Sarasota is an easy way to get a handle on your options.
Common Causes of Wrongful Death Accidents in Sarasota
The following are just a few examples of common causes of wrongful deaths in Sarasota, but as the section above indicates, there are many different circumstances that can fall under this category. Each accident is unique, and requires a unique approach to seek justice for the survivors.
Workplace Accidents
In 2018, there were a total of 332 workplace deaths in the state of Florida. In many of these accidents, the surviving family members, dependents, or estate of the deceased may have been entitled to seek compensation, or otherwise would apply for benefits through the workers’ compensation policy in place to protect the employer from liability. Regardless, there are steps in place to provide those eligible with financial support following this tragic accident.
Car Accidents
When someone drives recklessly or negligently and causes a fatal accident, there may or may not be a criminal case resulting from the accident. Regardless, the survivors will likely be able to file a claim against the liability insurance representing the driver in order to recover compensation for a range of factors.
Drunk Driving Accidents
Drunk driving is a serious crime, and a drunk driver who causes a fatal accident is responsible for the deaths resulting from the accident. A civil case will give the surviving family members an opportunity to recover damages for a range of things, and may either be settled out of court or may be resolved through a lawsuit in the Florida courts.
Medical Malpractice
When someone works with a licensed medical professional, they have every right to expect that the professional will take responsible steps to provide their patient with safe care and a path towards recovery. Treatment does not guarantee a successful outcome, but if the medical professional fails to provide prudent care, they may open themselves up for a medical malpractice case.
Who Is Eligible For Compensation After a Wrongful Death Accident in Sarasota?
A representative of the deceased’s estate is the only one who is able to file a lawsuit or seek compensation following a wrongful death, but they will do so for a range of survivors. Depending on the relationships that the deceased had, their children (either adult or juvenile – birth or adopted), parents, spouse, and other dependents may be able to seek compensation.
The damages that the survivors are able to seek depend on the nature of their relationship, and can range from things like loss of consortium to loss of financial stability that the deceased provided them. In order to learn about whether or not you are able to seek compensation, as well as the type of compensation that you are entitled to, contact 1-800-Injured now to be connected with an attorney who can help you make sense of your situation.