Receiving news of a loved one’s death is never easy to bear, but when that passing comes unexpectedly as a consequence of another party’s negligent or reckless actions, the trauma can be amplified considerably. Depending upon your relationship to the deceased, the effects may extend far beyond the surely intense emotional pain. The loss of a spouse who was the primary wage earner for your home can leave you without your beloved companion and unable to keep pace with financial obligations including your mortgage, utility bills, and other necessities.
While prevailing in a wrongful death lawsuit against the person or entity responsible for your loved one’s death may seem like a hollow victory, the reality is that it may be the best or only way to ensure that you have the financial resources that you need to cope with the painful adjustments you must make. For compassionate and experienced legal counsel and representation, contact the Fort Lauderdale wrongful death lawyers of Salpeter Gitkin, LLP at 954-467-8622.
Possible Reasons for a Wrongful Death Suit
Determining whether a wrongful death lawsuit may be appropriate given the circumstances surrounding your loved one’s passing can be challenging, and not all accidents warrant this measure. But if it appears to be the case that a negligent or reckless act by another party contributed directly to a preventable death, then it may be worthwhile to investigate the possibility further. The following are some possible bases for a wrongful death legal action:
- Car accidents
- Intentional acts of violence
- Negligent construction
- Medical malpractice
- Defective and dangerous products
- Premises accidents
- Nursing home and assisted living abuse and neglect
- Occupational exposure and hazard
- Birth injuries
Elements of a Wrongful Death Suit
The family members submitting a wrongful death claim or filing a lawsuit against the liable party must prove each of four elements to win a case that results in financial compensation.
- Your loved one’s death was caused partially or wholly by the defendant’s reckless, careless, or negligent actions.
- A breach of duty occurred. This means that the liable party did not meet the standard of care required for the situation.
- The death has affected you and other surviving family members who qualify to receive compensation through a wrongful death settlement.
- The death generated quantifiable damages.
Quantifiable damages may include:
- Medical bills
- Funeral and burial expenses
- Loss of an income and potential earnings
- Loss of protection
- Loss of guidance and inheritance
- The victim’s pain and suffering before death
Due to the fact that a wrongful death suit is a civil action rather than a criminal one, the burden of proof is looser than it is for criminal cases. A successful lawsuit must be won on the preponderance of evidence rather than beyond a reasonable doubt.
Wrongful death attorneys with Salpeter Gitkin, LLP will strive to produce clear and convincing evidence as well as expert testimony to help your family receive the compensation you deserve at this difficult time.
There are many other possible causes for action, but it is important that you are fully aware of your legal rights so that you can make the best choice for your family regarding any such issues. We are passionately committed to helping our clients prepare for the difficult road ahead as they adapt to life without a loved one taken too soon. Contact the Fort Lauderdale wrongful death lawyers of Salpeter Gitkin, LLP at 954-467-8622 to learn more.