Wrongful Death Accidents
The loss of a loved one in an accident can leave a family shattered. Questions of who is to blame as well as what the future holds immediately loom as family members try to cope with their loss. Car accident lawyer Jarrett Blakeley at the Blakeley Law Firm knows that the aftermath of a fatal crash in Broward County or elsewhere in South Florida is an emotional time, and legal action is often the furthest thought from one's mind. But sometimes it is necessary to take steps in the legal process in order to make sure those responsible are held liable, and also that family members are taken care of financially. Our firm represents families in pursuing their wrongful death claims. Mr. Blakeley is dedicated to his clients and asserting their right to compensation.Holding Negligent Parties Accountable for the Loss of a Loved One
An individual who loses his or her life as a result of another's misconduct or gross negligence is a victim of a wrongful death. These lawsuits can arise from a variety of accidents, including car wrecks, truck crashes, or motorcycle collisions. If these types of accidents lead to injuries, rather than fatalities, the victims have a right to file claims to recover damages on their own behalf. However, in a fatal accident, the right transfers to certain family members.
Pursuant to Florida's Wrongful Death Act, children, spouses, parents, and other dependent relatives can take legal action. Depending on the relationship they have with the decedent, as well as the existence of a surviving spouse or children, different types of compensation may be awarded. Typically, damages in a wrongful death claim include medical and burial costs, lost wages, loss of companionship, and pain and suffering. Before damages are awarded, however, a family member must show that a defendant is liable for his or her loved one's loss.
To establish liability and recover compensation following a fatal accident, relatives must often show that a defendant, or defendants, acted negligently. This means that they must establish the following elements:
- Their deceased relative was owed a duty of care by the defendant;
- That duty of care was breached with some careless action;
- The breach caused their loved one's death; and
- Actual damages resulted that can be compensated.
For example, drivers owe a duty of care to everyone in their vicinity to act as a reasonable and prudent person would act in similar circumstances. If an individual speeds through a red light and collides with another vehicle, leading to a tragic loss of life, that driver would likely be found to have breached his or her duty of reasonable care. Time is important following a fatal accident, since in Florida a wrongful death claim must be filed within two years of the death.Discuss Your Wrongful Death Claim With a Fort Lauderdale Lawyer
If you have lost a loved one in the Fort Lauderdale area due to someone else's negligence, accident attorney Jarrett Blakeley at the Blakeley Law Firm can help you through the process of filing a wrongful death claim. Our firm offers compassionate and experienced representation for families who have lost relatives in an accident. Contact us online to set up a free consultation and find out how we may help.