Mark Reed and Associate

Loosing your loved ones unexpectedly can create a mental agony. Of course, there is no replacement of this. Unfortunate event of death doesn’t get neutralized by few words of consolation. Even you can’t replace the pain and sufferings of the families with any amount of price.

But there is a hard reality too, that you can’t ignore. You can’t get the person back, but his absence and contributions can be compensated if you file a lawsuit of wrongful death and seek amends for the recovery of all the losses. The wrongful death lawsuits can be lodged by the children, surviving spouse and sometimes by the parents also.

Now what are the events considered as wrongful death case? If the death is related to gun cleaning accident, medical malpractice, birth injury, defective product use, environmental hazards, nursing home abuse, car accidents, boat accidents it can be called as wrongful death. Taking decisions on the type of legal advice you require is important here. You have option of contacting a personal injury attorney or to be specific a wrongful death attorney.

For incident pertaining to Sarasota, Florida you need to contact a Sarasota Personal Injury Attorney. He can explain what type of damages comes under compensatory benefits? How the damages would be calculated?

The awards could be funeral costs, burial cost, the value of lost support & services both of current and future. The widow or widower may recover for the loss of their spouse’s companionship, protection, and for mental pain and suffering also.

Remember, the cost of litigation would be paid by the attorney representative initially.  As per Wrongful death Act of Florida attorney, upon the successful resolution of the case, attorneys can claim their share of service charge from the award money. Attorney services and support can be available through this law directory resource also.

Death of someone close to you is a traumatic experience especially when it occurs unexpectedly and unnaturally.  A wrongful death
normally, is the death of a person where another person is either directly or indirectly responsible in some way. The action causing the death may not be intentional on the part of the responsible party.

A death can be termed as wrongful if it occurs as a result of incidents like an accident on the streets or at the place of work, administration of improperly tested drugs, wrong diagnoses and treatment by a doctor, faulty constructions, goods that do not conform to manufacturing standards and other reasons for which a person or an organization could be held responsible.

In the event of a the death of a person where a third party is somehow responsible, the family or relatives of that person can, under the provisions of law, file a wrongful death suit. This can be done by following certain simple procedures.

First of all one has to ascertain that the death occurred due to negligence on the part of someone other than the victim. Next the responsible person has to be identified. This could be difficult in some cases like the faulty construction of a building where anybody from the promoter to the mason could be responsible. But in any case the actual perpetrator has to be identified. Then there should be adequate proof to justify the initiation of legal action.

The rules regarding the time within which the suit has to be filed and who can initiate it could vary from state to state. There might be different interpretations of certain laws in different states. Hence, your next step would be to find out about the exact legal statutes governing such cases in your state.

The final step would be to look for an attorney to represent your case. You have to search for and identify one who specializes in wrongful death cases. Look for an experienced lawyer with a good track record of winning such cases.

To win compensation in such cases the lawyer has to prove that the victim has actually died; that the death occurred due to the involvement, willful or otherwise of the accused party and that the bereaved family is facing acute financial problems due to he death.

Once the premise of death has been established the law provides for compensation to be awarded to the immediate family of the victim. The spouse or children usually are the beneficiaries, but parents or close relatives also receive the awards. This is determined by the court.

The nature and amount of compensation awarded in a wrongful death case varies according to the circumstances and nature of the death and also the extent of involvement of the accused. The losses for which such compensations are awarded could be the medical and funeral costs, wages and other perks including future earnings, physical and emotional damages caused to the family, etc.

Sometimes some people themselves file the petition in the court, but this is wrong. A lawsuit involving a wrongful death should always be filed through a seasoned lawyer who knows the intricacies of the laws governing such cases and who can extract the maximum benefits for the dependents of the victim.

Money can never completely compensate for the loss of a dear one, gone due to wrongful death. If a person dies due to negligence, carelessness or general apathy of another person, organization or a group of persons, it is termed as wrongful death. Such deaths are compensated monetarily on orders from a court of Law, which directs the guilty party to make good the loss of the departed by way of suitable financial compensation.

Claims for wrongful death can arise out of death due to rash or dangerous driving by someone, resulting in uncalled for death. Faulty prescription, dispensing wrong medicine or pharmacist and pharmaceutical companies’ misinformation or concealment of drug side effects causing grievous death also opens a lawful claim for wrongful death. Construction site mishaps resulting in pedestrian death, utility service provider negligence like electrocution, water contamination leading to death, missing safety road signs responsible for accidental demise are also valid for laying claim. Small and sharp objects capable of choking children or defective goods causing death are also eligible.

The death of a family member or loved one causes grave financial and emotional traumas to the family left behind, who can rightfully claim to be compensated for the loss they are suffering as a result of the wrongful death. The sudden demise of an earning member puts the rest of the family on precarious financial situation, having to meet all the expenses, funeral costs and other post death expenses. The mental agony, sense of loss, pain and grief is beyond measure. The burden of leading an everyday life and shouldering the extra responsibility can only be understood by those who go through such agonizing times. In such events, the close relatives of the deceased have all the right to claim compensation for the wrongful death.

Only the immediate family of the deceased which includes wife, children, parents, siblings is allowed to file a claim under wrongful death. The family appoints a personal representative to deal with the wrongful death claim. In case of a minor, the court suitably appoints a guardian to act on behalf of the minor and negotiate the claim settlement through a court of Law. Under Statute of Limitations, those who wish to claim wrongful death are required to file their claim with the relevant court within three years, failing which they will be debarred from putting up their case.

The personal representative of the claimant can file for damages under two categories. These are referred to as economic and non economic claim. Loss of financial support, inheritance, loss of services and all expenses incurred on funeral rituals and ceremony, fall under economic setback and non economic losses are in the nature of mental agony, loss of societal and emotional support and standing, mentor and guidance for children, grief and tragedy for wife and parents.

Survival and wrongful death claim may also involve punitive damages awarded to the claimants. These are framed in order to punish the party at fault, which may be due to the party’s negligence or recklessness.