Have you lost a loved one because of someone’s misconduct or negligence? Understandably, it’s a harrowing ordeal where emotions like anger, regrets and blame take precedence. However, even as you grieve, you still have to ensure justice prevails.
Wrongful Death of a Loved One: What’s Next? (Image Credit Pexels)
As you will realize, taking steps to seek justice will give you some peace and comfort. You will be assured that someone is answerable for the pain caused. However, it’s also a confusing time as nothing ever prepares you for such a misfortune. Here are some steps to take after the wrongful death of a loved one to ensure you get financial compensation and closure.
Find a Capable Wrongful Death Attorney To Walk With You
The legal process is not easy to navigate and can be even more challenging in a highly emotional situation. You need a well-versed wrongful death lawyer who can help you understand your rights, responsibilities, and the step-by-step process. Take time to find a capable lawyer in your area that you can trust and walk with through this challenging journey.
One of the best ways to find a capable wrongful death lawyer is to ask for referrals from friends or family members who have been in similar situations before. Another way is to search for lawyers online. Many legal directories like Avvo and Justia list lawyers according to their specialization and location. A simple Google search can help narrow down your options until you find a suitable attorney.
Before choosing one, talk to several different lawyers to gauge their expertise, professionalism, cost, and reputation. Doing so quickens the process and makes it less stressful. The lawyer will help you:
Understand What Is a Wrongful Death?
Wrongful death is the loss of a person due to another’s negligence, intentional action, or omissions. The first step is determining whether your loved one’s loss is a wrongful death or not. Incidences leading to wrongful death include crimes, faulty products, road accidents, and medical malpractices.
Whether You Can File a Lawsuit
Only those closely related to the deceased can file a lawsuit. Close relations include the spouse, child, parent, or direct dependents. In Florida, the executor of the deceased estate can file a wrongful death lawsuit on behalf of the family. You have up to two years from the time of death to file the case.
Know the Payable Damages
A wrongful death lawyer can help you understand any compensation you may be entitled to and the potential amount.
In Florida, compensation typically consists of:
- Payables awarded to the deceased estate
- Compensation awarded to the deceased family
The family gets money compensation to cater for:
- The loss of support and care the deceased offered
- Loss of companionship
- Mental anguish and pain
- Medical bills and funeral expenses
The estate can get compensation for:
- Any expenses incurred due to injuries, hospitalization, and funeral expenditures
- Loss of benefits, wages, earnings between the time of injury and death
- Value of savings and earnings the deceased could have retained over their lifetime
Gather as Much Evidence as You Can
You’ll have to prove that the death was due to someone else’s negligence or misconduct. The evidence includes written documents, photos of the accident scene, police reports, medical reports, and even a video, if available.
The lawyer will need all these documents to start the legal process. Also, ensure you collaborate with the lawyer, offer assistance, or avail any required documents on time to move the process along quickly.
A knowledgeable wrongful death lawyer ensures that the deceased family and estate get fair compensation. The lawyer has your best interest at heart, quickens the process, and offers guidance where needed. Although you’ll still mourn the loss of a loved one, you’ll be at peace knowing that justice prevailed.
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