Wrongful Death Claims in Florida
What is a wrongful death attorney?
A wrongful death attorney is one who will fight for the legal rights of surviving family members who’ve lost someone due to negligence or misconduct. Brooks Law Group is honored to help those in Lakeland, Winter Haven and the Tampa Bay area get the compensation they deserve after such a tragedy.
Wrongful Death Lawyer
When dealing with the loss of a loved one, families have to endure so many hardships all at once: the emotional pain, potential financial difficulties without the support of the deceased, and, if the loss was unexpected the shock of the person’s sudden absence.
While pursuing a lawsuit for a wrongful death claim may be the furthest thought from a grieving family member’s mind, taking that leap to speak to a wrongful death attorney promptly is imperative.
The Wrongful Death Act sets a time limit for filing wrongful death lawsuits, and failing to file within this time limit can prevent someone from seeking compensation for their losses.
If a family is facing financial hardship, receiving compensation from a successful wrongful death suit may at least help alleviate the financial difficulties, and it may even provide closure for some of the emotional pain. Brooks Law Group has a team of skilled wrongful death lawyers that can help you recover the money to which you are entitled.
Elements of a Wrongful Death Case
What is wrongful death? Wrongful death is a death that occurs due to the negligence or misconduct of another.
To prove negligence, the Plaintiff must show that the Defendant owed a duty to the deceased to use reasonable care, breached that duty, and, as a result, caused the decedent’s death. Damages must also be proven as a result of the death, as damages are not presumed in negligence cases.
These elements must be proven by the greater weight of the evidence, which means evidence that is more convincing compared to the other side’s evidence.
Although “more convincing” may sound somewhat ambiguous, attaching a percentage to the standard helps clarify its meaning: a Judge or jury needs to be convinced by 51% that the Plaintiff’s evidence is more persuasive.
Some common causes of wrongful death include:
- Car, train, or tractor-trailer accidents
- Medical malpractice
- Bike and pedestrian accidents
- Medical product defects
- Workplace accidents
- Consumer product defects
Winter Haven Wrongful Death Attorney: Contact Brooks Law Group
Timing is of the essence for a wrongful death case. It’s unfortunate to many that the law requires someone to go through the grieving process while also going through the legal process. The Florida wrongful death attorneys at Brooks are experienced in making the legal process as smooth as possible during such a difficult time.
If you lost a loved one due to the negligence or misconduct of another, it is critical that you contact an attorney as soon as possible to secure any compensation to which you may be entitled.