After losing a loved one to a negligent accident, it is tough for family members to think about filing a civil action against the party responsible. However, Floridians, in this position, have the opportunity to file a claim for their loved one’s wrongful death.
Doing so strengthens and reinforces public policy, while recuperating a monetary award for your financial, emotional, and physical damages.
It Is Important to Contact a Fort Lauderdale Wrongful Death Attorney Soon
It is true that money does not bring him or her back into your life, but you may feel better in knowing that you are holding responsible parties accountable for their actions.
There is a time limit on your ability to file a claim, which means that you may want to discuss your potential wrongful death claim with a Fort Lauderdale wrongful death lawyer sooner than later.
Receive an Initial Consultation with Hancock Gaeta, P. A.
Hancock Gaeta, P. A. has a demonstrated history of negotiating settlements or litigating financial awards in court. Your loved one’s death does not have to be in vain, and we take that sentiment to heart with every wrongful death case.
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If your loved one passed away from another’s negligence or abuse, contact the legal team at Hancock Gaeta, P. A.. We invite you to contact our legal professionals for an initial case review by calling (954) 281-2231or submitting an online contact form request.
Hancock Gaeta, P. A. Helps You Understand Wrongful Death Claims
The State of Florida defines a wrongful death action like a lawsuit filed by surviving family members of a deceased person, whose accident was caused by misconduct, malpractice, product liability, or negligence. Civil courts hear wrongful death cases to determine if liability exists, and if so, how much restitution must be paid by the responsible party.
In addition to monetary compensation, wrongful death suits reinforce the laws set for at the state and federal level. When people see others being held accountable, they make think twice about their actions. While it is hard to believe that it will solve the entire problem, lawsuits serve a dual purpose, aside from the financial gain for your family’s losses.
If you are ready to go after the person responsible for your loved one’s death, you do not have to face him or her alone. The legal team at Hancock Gaeta, P. A. are ready to stand by your side and fiercely advocate on your behalf. We are here for you. Contact us for an initial case assessment by calling (954) 281-2231or by submitting an online contact form request.
The Elements that Make a Wrongful Death Claim Actionable in Florida
When a case is actionable, it means your case has grounds for legal action. Wrongful death, within the context of actionability, there are a few elements that a claim must meet. Hancock Gaeta, P. A. provides a free case review that will help you understand whether your case meets the criteria and if enough evidence exists to support your claims.
Wrongful death actions are a result of the following three elements:
- Your loved one passed away: This element, while challenging to accept, is easier to prove since there is official documentation confirming as such.
- Your family experience financial losses: Expenses related to medical care, funeral costs, and lost wages fall under the branch of financial losses. Your Fort Lauderdale accident lawyer proves them by providing relevant documentation.
- Someone else negligently caused his or her death: There are many situations in life where someone owes you a duty of care. If someone breaches that duty of care and the result is death, courts consider that to be wrongful death negligence. This element is one in which your Hancock Gaeta, P. A. team will fight for you in and out of court.
A duty of care describes the responsibility of acting carefully and conscientiously towards another individual. Depending upon the circumstances surrounding your loved one’s death, the burden of care falls on the shoulders of everyone involved. The Fort Lauderdale wrongful death lawyers at our firm ensure that we accurately identify the parties responsible.
We Help Families File a Wrongful Death Suit when Negligence Played a Role
Several situations require Floridians to act with a duty of care. Whether the accident occurred on private, public, or under the care of a medical professional, the element that binds all of these situations is that someone breached that duty.
The Hancock Gaeta, P. A. help families recover wrongful death damages in the following circumstances:
Motor Vehicle Wrongful Death Accidents
Other drivers on the road, whether they realize it or not, have a duty of care that they must exert when driving on public and private roadways. Distracted, intoxicated, and careless driving are all examples of a motorist acting negligently.
Our Fort Lauderdale wrongful death lawyers can help your family if he or she lost his or her life after experiencing the following types of accidents:
Simply put, if a motorist caused your loved one’s death, Hancock Gaeta, P. A. will launch a comprehensive investigation into the circumstances surrounding it. We will identify the responsible parties as well as gather and analyze all relevant evidence to prove the elements of your claim.
Work-Related Wrongful Death Accidents
Florida, like every other state, requires employers to provide workers’ compensation insurance. Our state’s laws specify that you cannot file a wrongful death case against the company.
However, there are two ways that Hancock Gaeta, P. A. will help you work around this barrier by:
- Negotiate with workers’ compensation: The benefits denied by workers’ compensation are renegotiable, especially if a case demonstrates that there should have been coverage available. Our Fort Lauderdale accident lawyers will pursue additional payment under this method.
- Hold third-parties accountable in court: Since you are not permitted to file a wrongful death lawsuit for work-related accidents, you can sue private parties in civil court. We will work with you to recognize who should be held responsible and seek redress in that manner.
Florida’s work-related wrongful death accidents are complex since there is government involvement with the insurer. Hancock Gaeta, P. A. has the subject-matter knowledge and experience you need to put your best face forward when going up against an organization that considers accidents to be a hazard of doing business.
Medical Malpractice Wrongful Death
Doctors, hospitals, and other medical providers have a medical duty of care under the Florida Patient’s Bill of Rights. Since many variables influence how a doctor diagnoses and treats a patient, legislation needed to figure out a way to determine if abuse or negligence was occurring.
The medical duty of care aims to describe what that is. If your family member’s doctor did not consistently provide care with a reasonable peer physician, then he or she is said to be in breach of his or her duty towards the patient. Your case would become a wrongful death claim if his or her “treatments” caused your loved one’s death.
Product Liability Wrongful Death
We trust that federal and state law, along with corporate responsibility principles, that the products we use and consume are safe. Unfortunately, there many companies out there who put profit before people. If a malfunctioning or toxic product caused your loved one’s death, you could file a claim for compensation related to your losses. We are ready to fight against small, medium, and enterprise organizations, who failed to meet their general duty of care.
Eligible Survivors Who Can File a Wrongful Death Claim
Florida limits the family members, who can file a claim. While friends and co-workers may feel loss, too, it is not a lawsuit that they can file on behalf of the decedent unless they have rights under the law.
The family members permitted to file a wrongful death lawsuit in Florida include the following survivors:
- Estate personal representative
- Other blood relatives
Since every case has unique anomalies, you can contact the legal team at Hancock Gaeta, P. A. for more information. We possess the legal knowledge and experience that can point out who can file a lawsuit using the most advantageous strategy possible. Contact us for an initial case assessment by calling (954) 281-2231or by submitting an online contact form request.
Compensation Available for Wrongful Death Cases in Florida
Like general personal injury claims, Florida civil courts hear cases involving wrongful death to determine liability and compensation owed. However, there are a few critical variations in that the focus is placed on the losses of the surviving family members, and not the decedent.
The Hancock Gaeta, P. A. team will work to achieve the following forms of compensation as they relate to your case and permitted by Florida wrongful death damages laws:
- Past medical expenses
- End-of-life care
- Funeral, cremation, and burial services
- Loss of companionship
- Lost future earnings
- Emotional and mental anguish
- Loss of consortium
While the above list is not entirely exhaustive, we will identify and exhaust every element of compensation to which your family is entitled. Our firm will also gather the evidence to support and assert your right to compensation. While money does not restore you entirely, it can help ease your financial burdens and subsequent stress.
Get Help from Hancock Gaeta, P. A. with Your Wrongful Death Claim
No one likes to approach a wrongful death claim. There are complicated and act as a reminder of your loved one’s passing. However, Hancock Gaeta, P. A. want to protect your family while protecting your rights. We have been helping Florida families work toward finding a resolution through our comprehensive legal services.
We will help you throughout the process and commit to providing the following legal care:
Evaluating your legal options is your fundamental right. It is for this understanding that we offer an initial consultation. During this meeting or conversation, you can describe the circumstances surrounding your case, while confidentially sharing the supporting documentation in your possession, if available. From there, we can make an initial assessment to your family, and then pursue your claim if you decide to hire us.
Identifying and holding parties accountable is an overwhelming process. Therefore, we will advocate on your behalf to establish liability after reviewing your case. Our team will find the proof required to demonstrate that they were responsible for your loved one’s death.
Prove Your Losses
Civil courts require your Fort Lauderdale wrongful death attorney to prove your losses. We will compile the existing proof while supporting your claim through eye-witness testimony, expert testimony, and other elements that demonstrate the defendants’ actions harmed you.
You are likely going to have many questions during the negotiation or litigation process. Hancock Gaeta, P. A. is ready to answer them as they arise. If an insurer calls you or another element appears, you have the peace of mind in knowing that you have someone to step in on your behalf under the doctrine of attorney-client privilege.
No Case Is Too Complex
Not all law firms are created equal. Working with Fort Lauderdale wrongful death lawyer, who focuses on personal injury law, has the network and resources that make your case more efficient. Due to our practice focus, we stay keenly aware of the latest legal developments and apply them to your case if we can.
We aren’t afraid of tough circumstances, either. Whether going against a major insurance company or a team of “lawyered-up” doctors, we will not shrink back in fear, nor are we afraid of taking your case all the way to the final trial, if necessary.
Contact Hancock Gaeta, P. A. for an Initial Consultation
Hancock Gaeta, P. A. is here to help you hold the parties responsible for your loved one’s death accountable for their actions. If you are considering your options, our Fort Lauderdale wrongful death lawyers are offering an initial consultation regarding your case. You can request yours by calling (954) 281-2231or by submitting an online contact form request.