An Explanation of Wrongful Death
Wrongful death is defined as a death caused by the actions of the defendant, and requires that the defendant was negligent in causing the wrongful death, and that the victim is survived by a spouse, children or other dependants, resulting in monetary damage due to the victim's death. An unexpected death of one person due to the negligence of another person or persons is a common, easy to understand explanation. The death may be due to an automobile accident, a hospital confinement, a surgery, slip and fall accidents, airplane accidents, industrial accidents, exposure to hazardous conditions, a stay at a nursing home or rehabilitation center, and any number of other negligent acts.. The unexpected death might also be due to violence. The negligence of the other person or persons who caused the untimely death is an extremely serious offense. Offenses of this nature are ordinarily solely handled by attorneys.
If a loved one in your family has died due to another’s negligence, you may have grounds for a wrongful death claim or lawsuit, and survivors may be entitled to compensation. Thousands of people become a victim of wrongful death in the United States each year, with the result being that their families suffer pain and grief, financial loss, or the loss of a child, or family bread winner. Surviving dependents or beneficiaries of the decedent may be entitled to monetary compensation for damages caused due to the death of the victim.
The Next Few Steps
The decision making process after an unnecessary death is difficult, but one that must be done. In the State of Florida, particularly in St. Petersburg, you would be wise to consider consulting with an attorney in order to determine what you should do. You may have many questions regarding the death. Some of those might be, “should I try to talk to the people who caused this?” or “who should I talk to about this, because I don’t feel right about it?” A lawyer who is experienced in the sensitive area of wrongful death law, in St. Petersburg, will be able to assist you with these questions.
A wrongful death attorney can help you bring a wrongful death claim or file a lawsuit seeking monetary compensation to pay medical bills, replace lost wages, meet funeral and burial expenses, and enable the family to find a stable source of income. It is very important for you to have a wrongful death attorney before you agree to any settlement with an insurance company for your loved one’s wrongful death. After meeting with a lawyer, you will know what options you have regarding pursuing an action against the negligent person or persons.
Your Options and the Legal Process in a Wrongful Death Claim
You may choose not to pursue a claim against the negligent party or parties. A lawyer will be able to advise you properly if this is your best alternative. In most cases it is not. An experienced St. Petersburg attorney will be able to explain to you, in detail, the laws in Florida with this type of situation.
Once you have obtained qualified legal counsel, you and your counsel may decide that attempts at negotiation with the adverse party may be in your best interests. If negotiations are not met by the other side with genuine interest, you may file a lawsuit against them, also known as a “Complaint”. The filing of a Complaint is the beginning of the legal process to resolve the issues between you (you are known as the “Plaintiff”) and the wrongdoer, known as the “Defendant”.
The legal process in any lawsuit can be lengthy, sometimes up to two years to wait for a trial to occur. During this period of time, your lawyer will be working to possibly settle the case, as this option is far less costly than a court trail and the amount of work and documentation that goes into the preparation for the trial. Your counsel will need experience.
Assistance A Wrongful Death Case in the St. Petersburg Area
he law firm of Scott & Fenderson PLLC are attorneys established in the St. Petersburg area since 1997. Our firm has over 38 years in combined experience. If a loved one has died and you believe it is the result of the negligent acts of another, call Scott and Fenderson PLLC today at 727-321-0099, or submit the case evaluation form and we will be happy to discuss your case with you. We offer a free consultation for all personal injury cases. Don’t delay, you may have a valid claim for wrongful death claim, but you must bring your case within the statute of limitations for this type of injury.