Losing a loved one can be a traumatic experience under any circumstances, but especially when another party is responsible for the loved one’s death. If a loved one loses their life due to the negligent or willful act of another person, you may have grounds for a wrongful death lawsuit. If so, a Palm Harbor wrongful death lawyer could help you create a strong legal strategy to pursue compensation for your loved one’s untimely death. Contact a dedicated Palm Harbor attorney as soon as possible.
What Constitutes a Wrongful Death?
A wrongful death occurs when a person’s life is caused to end prematurely—before what would have been naturally expected—directly because of someone else’s actions. Rather than punishing the party or parties responsible for an individual’s death, the purpose of wrongful death actions is to provide financial compensation to the deceased person’s loved ones. A Palm Harbor wrongful death lawyer would help a grieving person or family receive that compensation.
There are four elements that make up a wrongful death action in Palm Harbor. First, the death must be partially or entirely caused by the party against whom the wrongful death action is being brought. Second, the person against whom the wrongful death action is brought must have been negligent or strictly liable for the victim’s death.
Third, the deceased person must have surviving family members. Lastly, those family members must suffer or have already suffered a financial loss due to their family member’s death.
Causes of Wrongful Death Actions
There are several causes that can result in a wrongful death, but some of the most common situations include:
- Medical malpractice that results in the death of a patient, including birth injuries in which either the mother or the child is fatally injured during the delivery or labor process
- Defective product accidents
- Gunshots and other criminal acts of violence
- Motor vehicle accidents caused by a negligent, aggressive, distracted, or impaired driver
- Premises liability accidents
- Workplace accidents resulting from dangerous work conditions
Legal Basis of a Wrongful Death Action in Palm Harbor
To obtain compensation for a wrongful death action, a person must able to establish both that their family member died due to the fault of another party and that the amount of compensation that is being sought in the case is reasonable. A Palm Harbor wrongful death lawyer would be able to help during this process.
Only the children, spouse, or other dependents of the deceased person who experienced damages as the result of their death are able to initiate a wrongful death claim. Other family members who were not directly supported by the deceased person are unable to pursue a claim.
When a child dies, wrongful death claims are not permitted by Florida courts of law unless the child was financially supporting other family members.
There is a strict timeline of two years that must be satisfied when filing a wrongful death claim in Palm Harbor. If a person files an action outside of this time period, they will be barred from a claim.
Contact a Palm Harbor Wrongful Death Attorney Today
If the negligence of another party has caused the death of a loved one, a Palm Harbor wrongful death lawyer is available to analyze the facts of your case and remain committed to fighting for a positive outcome. Call to schedule a consultation.