What Is a Wrongful Death and How To Claim It

Posted by Matt Kakuk on September 22nd, 2022

When a wrongful death occurs, it is normally due to some kind of negligence taking place. Despite the possibility of a criminal act occurring, a lawsuit involving wrongful death is considered to be a civil matter. There will be a lower standard of proof as compared to a criminal case.

The Wrongful Death Is Investigated First

In order for a wrongful death claim to move forward, your attorney will have the death investigated to determine the circumstances leading up to the event. This will help in deciding if there is any evidence to support the claim. All damages will be reviewed so that a compensation amount can be calculated.

Your FL wrongful death attorney will look at the amount of income the deceased was earning and the expectancies of their work and life. Your wrongful death attorneys may also include damages that are non-financial in nature.

Determining The Cause of the Wrongful Death

When a wrongful death is being investigated, the cause needs to be determined. The determining cause for a wrongful death could stem from the following:

• Accidents involving pedestrians and cars

• Truck accidents

• Medical errors and malpractice

The party who is at-fault can be a business, government entity, or individual and the actions do not need to be seen as malicious in nature. 

Determining Wrongful Death Liability

When a lawsuit is brought against another individual, it will require you to determine liability. Your attorney will need to demonstrate that the negligence criteria for the claim is met. This will determine the following:

• Responsibility involved which required acting upon

• Duty breached willfully by defendant

• Significant amount of financial loss

• Death caused by the willful breach

Sending the Demand Letter

A lot of times, Florida wrongful death lawyers will get the process for settlement underway by sending a demand letter to the accused. This demand letter is a formal way of having payment made for a dispute. 

A recipient of this letter will almost always be the insurance company. This means the insurance company may not completely agree with the letter’s terms. This will cause negotiations to take place. 

During negotiations, both your wrongful death attorneys and the defendant will find a fair settlement. When a settlement is unreachable, a lawsuit may be filed, and a trial may be requested in order to obtain an adequate amount for damages.

Full Wrongful Death Settlements Can Be Sought

When you are looking to file a wrongful death claim, it is a good thing to know that your full wrongful death settlements can be sought. This will help relieve any remaining financial burden.

Your wrongful death settlement may allow you to pursue the following:

• Loss of consortium

• Payment for pain and suffering

• Expenses for full funeral services 

• Loss of income as sole provider

Get in Touch With a FL Wrongful Death Attorney

When you lose a loved one, you experience more than just emotional grief. Deaths can cause a huge amount of financial strain. This means you should not be wondering if you can afford an attorney to represent you. In fact, many Florida wrongful death lawyers will work based on a contingency fee. To get your wrongful death claim started, contact Cameron Law Group today.