Boynton Beach Wrongful Death Lawyers
Generally, accidents bring about an array of damages and consequences that may cause injuries and, at worse, death. While, in most cases, accidents are considered occurrences that someone can avoid, some people are always outside there to cause intentional injuries to innocent people. The uncontested result of these misfortunes is that someone else causes you injuries; he or she should pay you. The same case goes to cases where a loved one dies due to an accident from negligence.
When someone else causes death to your loved one, the lawsuit that any close member of the family files against the at-fault party is known as a wrongful death lawsuit. The primary aim of this is to offer compensation to the remaining members of the family. Regretfully, no amount of money is worth the emotional and financial burden of losing a loved one. At best, wrongful death claims work to cover these losses, including pain and financial expenses.
Often, most people only associate wrongful death with car accidents. On the other hand, other people are also never aware that they can file a lawsuit against someone who causes death to their loved one. If you fall in either instance, it is prudent to know that you should seek compensation if your loved one dies due to someone else’s negligence. It is also an excellent idea to know the many different instances when you can file for a wrongful death claim.
When Wrongful Death Claim is Applicable
In most cases, a wrongful death claim arises after someone dies due to a defendant’s wrongful action. Legally speaking, this claim usually occurs when a victim would otherwise have a valid personal injury claim. Apart from the outstanding wrongful death claims that arise from automobile accidents, below are some of the instances when you can file for a wrongful death compensation claim.
When a victim is intentionally killed
For example, when one person kills the other for revenge or any other compelling reason, such cases are classified as intentional killing. These cases are so common, but when your loved one suffers this fate, it is imperative to hire a lawyer to assess the situation and prove whether the killing was intentional or accidental.
When a victim dies from medical malpractice
If a doctor fails to diagnose a condition or if the doctor shows carelessness in the level of care, he or she provides to a patient that leads to death, a wrongful death action is applicable against the doctor. Apart from car accidents, these situations are amongst the commonest that you should know about just in case. Another essential point to note here is that filing a claim against a doctor under a well-established hospital is usually tricky. That is where a wrongful death lawyer comes in.
Automobile Accident Fatalities involving negligence
The long awaited and widely spoken of cases is here. Accidents occur daily across the country, and it is right to say that the majority of them are products of automobile negligence. From trucks, cars, motorcycles to tractors, automobile accidents come with a bucketful of consequences, and death is the worst of all. When your loved one dies from an automobile accident, you should file for a compensation claim to cover for this misfortune.
- There are some other instances when someone can file for a wrongful death claim. However, the most contested one is work injury resulting in death, which is usually treated under the worker’s compensation system. Otherwise, a wrongful death claim can come from almost any form of the personal injury situation.
Who Can File a Wrongful Death Claim?
Among the many varied rules that every state puts involves deciding who can file a wrongful death claim. Honestly, not just any family member can wake up and claim for these benefits. Every state has different rules that regulate who has the power to do so. Nevertheless, in all states, a spouse may bring a wrongful death action on behalf of their deceased spouse. Parents can also get a wrongful death action if one of their children dies from an accident and the vice versa is true. Depending on your state, be ready to face different regulations about this situation.
Getting Legal Assistance
While some people may claim that they can fight for these benefits independently, getting assistance from top lawyers is a necessity that you can never run from. For one, wrongful death claims are usually complex, notably when proving fault or negligence. To hold the defendant liable for these claims, you must meet the same burden of proof that the victim would have met should the victim have survived. Our lawyers at The Law Offices of Chad Nolan Horowitz, P.A, will have to prove the defendant owed the victim a duty of care, and there is crucial evidence of breaching this duty.
Wrongful Damages worth Compensation
It cannot go without saying how it is impossible to settle on proper compensation for a family member’s loss. Fortunately, with a successful wrongful death claim, the remaining family members can at least ease some of the complications that come with these misfortunes. Here at The Law Offices of Chad Nolan Horowitz, P. A, THE ONE YOU WANT below are some of the categories of losses that our lawyers will help you get monetary repayment.
- The medical treatment costs that the deceased victim incurred because of the injury before death
- Funeral and burial costs
- Loss of the deceased person’s expected income
- Loss of any inheritance as a result of the death
- Value of the services that the dead would have provided
- Loss of care, guidance, and nurturing that the dead would have provided
- Loss of love and companionship
When it comes to a successful wrongful death lawsuit, you have many reasons to reach out to us. That is because our commitment is to ensure you get the reasonable amount that takes care of the loss and burden you incur after the death of your loved one. Even if it is never a matter of recovering the life lost, the money will undoubtedly cover some of the financial expenses that could otherwise add more troubles and stress. Reach out to our experienced lawyers today for legal assistance towards a wrongful death claim.
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