After the death of a loved one, many people wonder if it is possible to bring a wrongful death suit against the person or people who caused the death. In many cases it is. To find out whether the specific circumstances of a person’s death would support a lawsuit, consult with Wrongful Death Attorneys in Sarasota FL.
What Is a Wrongful Death Suit?
It is a specific type of personal injury lawsuit designed to compensate survivors for the death of a loved one. The death had to have been caused either by an intentional act or through negligence.
When Can Survivors File a Wrongful Death Suit?
If the deceased could have filed a personal injury lawsuit, the survivors can usually file a wrongful death suit. Some common reasons for filing wrongful death suits include car accidents, intentional homicides, medical malpractice, and some workplace injuries. However, it is important to note that deaths that occur as the result of workplace injuries may have to be handled via worker’s compensation.
How to Prove a Wrongful Death Claim
There are several elements to a wrongful death claim. The defendant must have had a duty to the deceased. The defendant must have breached that duty. The breach of duty has to have been the cause of the deceased’s death. Also, the survivors need to provide proof of the value of the damages they are seeking for the deceased’s life.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Wrongful death suit damages often focus on the lost earning potential of the deceased. Actual costs associated with the injury, including medical treatment and funeral costs, are also included. However, it may be possible to recover for less tangible damages, such as loss of companionship or consortium, and the loss of the defendant’s services.
How to Proceed
The first step in a wrongful death lawsuit is consulting with Wrongful Death Attorneys in Sarasota FL to determine whether there is cause for the suit. At a consultation, attorneys can get the information they need to advise survivors about how to proceed. Visit the site for more information or to schedule a consultation.
