Any type of accident can have a significant and lasting impact on a victim and their loved ones, but a fatal accident is a devastating tragedy that can seriously alter the course of the surviving loved ones’ lives forever. The emotional consequences of an unexpected loss can cause lasting issues for survivors, not to mention the many economic impacts that loved ones are left to deal with in the wake of this tragedy. In personal injury law, a fatal accident is referred to as “wrongful death.” Through a tort claim or lawsuit, surviving family members and beneficiaries of the deceased are entitled to compensation for the range of damages they are likely to suffer from this loss.
In the aftermath of a wrongful death, distraught family members may not be willing or capable of fighting for the money they deserve as they go through an insurance claim. Partnering with an experienced personal injury attorney is one of the best ways to give yourself the emotional space you need to focus on healing while someone else focuses on your legal rights. Even trying to find a lawyer after an unexpected loss can feel nearly impossible, though, which is why we encourage you to reach out to the team at 1-800-Injured as soon as possible.
Find a Wrongful Death Attorney in Tallahassee With Ease
1-800-Injured is an attorney and medical referral service. Instead of going through the process of finding Tallahassee law firms, contacting them yourself, requesting consultations, and hoping to hear back from a lawyer who is available to take your case, we will connect you with a wrongful death attorney for a free consultation.
During your consultation, you will be able to go over the details of your situation and get specific answers to your many questions about your legal rights, what you can expect as this lawyer’s client, and much more. This initial conversation can help alleviate stress about this process and allow you to stay focused on healing with family and coming to terms with the reality of your situation. You do not deserve to suffer the financial consequences of someone else’s behavior. While no amount of money will ever undo a fatal accident, the associated costs must be accounted for, and you should be compensated accordingly.
Read more about wrongful death cases in Florida below, and contact us as soon as possible to take this crucial first step in your legal journey today.
What Is Wrongful Death?
Simply put, wrongful death is the term for a death caused by someone’s negligence or misconduct. A wrongful death may or may not result in criminal charges, but a tort claim is a civil action that is handled entirely separately from criminal cases, meaning that the outcome of a criminal case (or the absence of criminal charges) has no bearing on a civil claim. A wrongful death claim or lawsuit seeks monetary compensation for the victims — in this case, the surviving family members or beneficiaries — for things like lost financial support, medical bills, and countless emotional impacts that come with this type of tragedy.
As with any other type of tort claim (commonly referred to as a personal injury claim), a wrongful death case is premised on the fact that an at-fault party engaged in reckless or negligent behavior that led to an avoidable accident, and the accident caused fatal injuries. Once it is established that the at-fault party failed to act appropriately, the claim or lawsuit seeks repayment for the measurable impacts, known as damages, to the claimants.
Calculating Damages In a Wrongful Death Case
Calculating the damages in a wrongful death case may be more complicated than non-fatal personal injury claims because each survivor is entitled to “the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value,” according to Florida Statutes Chapter 768 Section 21. Computing these damages involves various factors, including the decedent’s probable future net income, the life expectancy of both the survivor and decedent, the replacement value of the decedent’s services, future retirement or pension contributions, and more.
Trying to project these financial impacts and losses into the future can be difficult without the support of an experienced professional, and often survivors ultimately settle for far less than they are rightfully owed if they choose not to work with an attorney. Insurance companies are focused on settling claims for as little as possible while avoiding additional legal action, and this financial motivation typically takes precedent over the survivors’ needs.
Frequently Asked Questions About Wrongful Death Claims in Tallahassee
The following are just a few of the many questions that a wrongful death attorney commonly answers during free consultations and expands upon during their work with survivors. The answers provided below are not meant as legal advice and should be used to give you a general sense of how your questions may be answered depending on your unique circumstances.
How much money am I entitled to as a survivor in a wrongful death claim?
In order to determine how much a survivor is owed after a wrongful death, your attorney will need to consider a variety of factors, including the financial contributions that the decedent would have made, the nature of your relationship with the decedent, and more. There is no “one size fits all” dollar amount, and there are many specific details that will make your claim unique.
Am I able to file a wrongful death claim as a parent of an adult victim?
Parents of adult decedents may be able to file a wrongful death claim depending on several factors, including whether or not the adult has a spouse and children. To determine whether or not you have a legal right to seek compensation following the loss of an adult child, contact 1-800-Injured now to connect with an attorney.
How long does it take to resolve a wrongful death claim and receive compensation?
There is no set timeline for resolving a wrongful death claim, and some may be wrapped up in a matter of weeks, while others may take years as they make their way through the Florida courts. The statute of limitations for most wrongful death cases is two years, which only means that you will not be able to file a lawsuit after that cutoff date. Speak with an attorney to get an idea of how complicated they believe your case to be, but there is no way to determine how long this process will take.