Clearwater Wrongful Death Lawyer
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Board Certified Wrongful Death Lawyer Jim Magazine Helps You Achieve Justice After Tragedy
In the wake of a tragic loss of a loved one, the pain and grief you feel can be overwhelming. If another party’s negligence or malicious actions caused your loved one’s untimely death, however, the pain, anger, and sadness you feel can be magnified. Wrongful death lawyer Jim Magazine can help. With over 30 years of experience helping Florida families like you hold wrongdoers accountable for the deaths of Florida victims, the Magazine & Light Law Group will help you recover money damages that will make the financial burdens of your loss easier to bear.
In a time riddled with such immense grief, no family should have to face the financial strain that accompanies the sudden loss of a husband, wife, parent, or child. Medical bills, lost wages, funeral and burial costs, and loss of benefits can place undue stress on surviving household members. The emotional cost of losing parental guidance and companionship further adds to the trauma you’ve been forced to endure. While wrongful death lawyer Jim Magazine understands that no amount of money can erase your tragic loss, filing a claim or lawsuit against the responsible party can help bring closure and financial relief when you need it the most.
If you lost a loved one due to another party’s negligence, let the Magazine & Light Law Group help you seek justice. Call wrongful death lawyer Jim Magazine. No fees unless we win.
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What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit brought by a personal representative of the decedent’s estate on behalf of surviving loved ones. This claim is brought against the party responsible for the accident that caused the preventable death of your loved one. Your wrongful death lawsuit is separate from any criminal charges pursued against the negligent party.
Who can file a wrongful death claim?
Under Florida’s “Right to Action” legislature, a wrongful death claim can be brought by a representative of the estate of the deceased person when the decedent’s death is caused by the wrongful act, breach of contract or warranty, or negligence of a responsible party. The estate representative must provide a list of intended recipients of damages when filing the claim. A wrongful death claim in Florida allows surviving parents, spouses, children, blood relatives, adoptive siblings, adult children (when there is no spouse), and parents of minor children to recover damages.
How long do I have to file a wrongful death claim?
Under most circumstances, the statute of limitations for a Florida wrongful death claim is two years from the date of death. In instances where medical malpractice is discovered to have caused the death of a patient, survivors have two years from the date of the malpractice incident caused death OR two years from when the initiating medical event was discovered or should reasonably have been discovered to file. In cases of wrongful death where medical malpractice was later discovered as the cause, there is a maximum time limit of four years from the date of the incident.
What are the types of wrongful death claims?
There are two types of wrongful death claims loved ones can file after a fatal accident. These are survivor claims and bystander claims. A survivor claim is filed by family members and dependents left behind after the preventable death. A bystander claim is similar to a survivor claim, but also accounts for the additional trauma incurred when the survivor is a witness to the fatal accident.
Recovering Damages Through a Florida Wrongful Death Lawsuit
Families like you face significant emotional trauma when a loved one is lost. Unfortunately, the financial burdens that accompany such a loss can make coping even harder. Medical expenses, funeral and burial costs, and loss of income or benefits only add to your stress. Let us help you recover money damages to help ease these additional burdens during your time of grief. We will need to show that the following key elements exist to make your wrongful death lawsuit successful.
A Human Life Was Lost:
The primary element in the foundation of a wrongful death lawsuit is the preventable loss of human life. This death can occur due to a variety of circumstances, including a motor vehicle accident, hazardous workplace conditions, criminal behavior, dangerous property conditions, negligent acts, and medical malpractice.
The Death Was Caused by Another Party’s Actions:
For a wrongful death claim to be viable, the fatality must have been a result of another party’s negligent or intentional actions. In cases where harm was intentionally caused, and cases where harm was unintentional but preventable through reasonable behavior, surviving dependents can hold liable parties accountable.
The Death Caused Harm to Survivors:
The next essential element of a wrongful death claim is the harm caused to surviving loved ones. This harm can be tangible, such as monetary damages, or intangible, such as emotional damages. Monetary damages, or economic losses, include medical costs between the time of the accident and the time of death, funeral and burial costs, lost wages, and lost benefits. Emotional damages, or non-economic losses, include loss of companionship and loss of parental guidance.
A Representative of the Estate Was Appointed:
In order to proceed with a wrongful death claim, a representative of the decedent’s estate must be appointed. This representative will compile a list of affected beneficiaries and bring a lawsuit against the at-fault party on their behalf. Once the lawsuit is complete, damages awarded to the estate are given to the selected beneficiaries.
A board certified wrongful death lawyer can help you make sense of your claim. When you sit down with attorney Jim Magazine, your story will be heard and your case will be treated with compassion and personalized attention to detail. By leaving the complex legal process to Jim, you can step back and focus on processing your grief.
How Much Is Your Wrongful Death Claim Worth?
The value of a wrongful death lawsuit is dependent on the damages incurred by the surviving beneficiaries. The goal of any claim or lawsuit is to make a person whole through monetary compensation. This compensation is intended to make up for the losses you would not have suffered if the accident had not occurred.
While we can’t guarantee the exact amount of money you will receive if your case is successful, we can evaluate your case, review the evidence you provide, and curate an estimate of what you can expect from a favorable outcome. To estimate your damages, Jim will consider:
To determine your losses, we will review pecuniary injuries incurred as a result of the fatal accident. This can include any medical bills incurred from the accident, wage statements of your loved one prior to the accident, funeral and burial costs, and the value of lost benefits. When determining the value of some of these damages, the decedent’s earning capacity, intelligence and health, life expectancy, and the beneficiary’s circumstances are considered.
While non-economic losses are hard to quantify, they are a significant part of the losses suffered by surviving dependents after a fatal accident. These losses include emotional trauma, loss of guardianship, loss of companionship, and the decedent’s pain and suffering prior to passing away. If you witnessed the accident that caused your loved one’s death, you may also recover damages for the resulting trauma.
Punitive damages are rare in Florida, but they may be still be awarded in your wrongful death claim. Florida law allows you to hold liable parties accountable through punitive damages when their grossly negligent, reckless, or intentionally harmful behavior caused the loss of your loved one.
FAQs About Florida Wrongful Death Claims in Florida
Florida law declares a fatal accident to be wrongful death when a person or entity causes a preventable human death through negligence, breach of contract or warranty, wrongful act, or default.
In Florida, only the personal representative of the decedent’s estate is allowed to bring a wrongful death lawsuit against the at-fault party. He or she can, however, compile a list of affected beneficiaries and proceed with the claim on their behalf.
For a wrongful death claim to be successful, the representative filing the lawsuit must prove that a human life was lost and that the loss was the direct result of another party’s negligence, wrongful act, breach of contract or warranty, or default. In addition, he or she must show that the surviving beneficiaries incurred damages as a direct result of the fatal accident. A wrongful death attorney in Florida can help you review your case and compile evidence to improve your chances of a favorable outcome.