A Wrongful Death Attorney Can Help You After the Death of a Loved One
After the death of a loved one, you may be worried about how you'll cope—financially and psychologically—without your family member. While a wrongful death action carries no criminal penalties and cannot undo what's been done, a wrongful death claim can help you to recover damages for financial losses. Wrongful death lawyers in Hollywood, Florida can help you.
The Difference Between a Wrongful Death Claim and a Personal Injury Claim
A personal injury claim and a wrongful death claim have very many similarities; many of the same types of damages are available, and both are negligence-based torts. However, while an injured person files a personal injury claim on his or her own behalf, a wrongful death claim is filed by the personal representative of a deceased person—who would have had a cause of action for a personal injury suit had the sustained injury not resulted in death—to recover benefits for beneficiaries. A wrongful death attorney serving Hollywood can help you to understand the differences, and whether or not you have a cause of action.
What Does It Mean to Have a Cause of Action?
A cause of action refers to a set of facts that are sufficient enough to justify a lawsuit against another party. If another person or entity's negligence was the direct cause of injury and death against your loved one, then you have a cause of action.
In order to recover damages, though, you will have to prove a few things first. Wrongful death attorneys can be instrumental in working with you to prove the following:
- That the defendant owed a duty of care to the victim
- That the defendant violated that duty of care
- That the violation was the direct cause of injury and/or death
- And that that injury resulted in damages (death, funeral expenses, loss of companionship, pain, etc.)
Recovering Damages in a Wrongful Death Suit
In addition to proving negligence and causation, proving damages is also a key part of a wrongful death lawsuit. While some damages—like the death of the victim—are obvious, others are harder to prove. It is important that you work with a wrongful death lawyer to prove that you've incurred damages such as:
- Medical bills
- Funeral and burial expenses
- Mental anguish
- Pain and suffering
- Loss of companionship, consortium, and guidance
- Loss of parental support (for children)
- Loss of wages/deceased's earnings
- Other financial and nonfinancial losses
You are entitled to file a claim to recover damages for manytypes of losses that you have incurred, both economic and noneconomic.
Why Call a Wrongful Death Attorney Serving Hollywood?
The law is very specific about who can file a wrongful death claim, when a wrongful death claim can be filed, and what types of damages are recoverable. To ensure that you're pursuing your claim the correct and acting within your rights—improving your chances of recovering your full damages amount—it is essential that you consult with a wrongful death attorney. Serving Hollywood, wrongful death lawyer Jarrett Blakeley of the Blakeley Law Firm, P.A. in Florida has the experience necessary to help you. To learn more, schedule a free consultation by calling 954-253-9445.