3 Things to Know About Filing a Wrongful Death Claim
The death of a loved one is a tough time in anyone’s life, especially when it comes at the hands of a negligent physician or individual who has been entrusted with their care. This form of negligence is known as a wrongful death, and falls under the umbrella of personal injury law. In essence, a wrongful death is a death caused by the negligence, incompetence, or a gross failure to act on the part of someone who had been entrusted to or had the chance to prevent this from occurring. For instance, a wrongful death can occur when a pedestrian is crossing the street legally, and is killed by a drunk driver. The drunk driver’s negligence is the direct cause of the death, and therefore he (the driver) can be held liable as part of a wrongful death claim. In the event that a loved one is the victim of a wrongful death, it is important to acquire the services of a wrongful death attorney Wesley Chapel in Florida has a lot of them practicing, but few have the track record of results that Anissa K. Morris, Esq. of Spinner Law Firm does. As the top wrongful death attorney Wesley Chapel has to offer Ms. Morris can help family members to get the justice they deserve as well as financial compensation to help shoulder costs associated with their death, including, monetary losses, medical bills, funeral costs, and even pain and suffering or stress.
As with most personal injury lawsuits, wrongful death claims are quite complex to navigate. For any wrongful death attorney Wesley Chapel laws require a strong burden of proof and a number of unique points to consider. Here are 3 important things to know before you file a wrongful death claim.
Are you an eligible party to file a wrongful death claim?
Like most lawsuits, the rules for wrongful death claims differ from state to state, making it difficult on lawyers. For any wrongful death attorney Wesley Chapel and the rest of Florida require they generally represent the spouse or the children of the deceased party. Otherwise, if the departed did not have children or a spouse, then the parents may file the claim – especially in the event that the deceased party was under 18. If the deceased party has none of these, then the closest family member or the administrator of the departed’s estate must be the one to file.
When should you seek out an attorney?
The most important part of filing a wrongful death claim is acquiring the services of a qualified lawyer. As the top wrongful death attorney Wesley Chapel and the surrounding areas has in practice, Anissa K. Morris, can be a tremendous asset in filing your claim. It is vital, that before you file your claim, you discuss the details with your attorney, as they will let you know whether you have a strong case or not. Also they can help you to gather the necessary information and supporting documents needed to strengthen your case. Your wrongful death attorney can:
- Help you to understand the wrongful death laws in your area.
- Help you collect the necessary evidence to support your claim, and build a strong case.
- Help you follow the proper steps and file the necessary paperwork in order to file your claim.
- Handle the logistics, while you and your family take time to grieve your loss.
What to be prepared for with a wrongful death lawsuit?
For the most part, a qualified personal injury attorney like Anissa K. Morris, will properly explain what the lawsuit entails, as well as the procedure that you will follow during each phase of the case. Depending upon your area, there is a statute of limitation for how long you can wait before you file your lawsuit – in most places, it is 2 years. When filing a wrongful death claim it is important to seek out the proper damages these damages can include a number of things like:
- Lost Wages & Future Earnings
- Medical Bills & Other Bills
- Funeral Arrangements
- Pain & Suffering
The thing to realize about a wrongful death lawsuit, is that most of them are settled prior to the trials onset. With the negligent party generally agreeing to pay a portion of the desired monetary compensation. However, in the event that it isn’t settled beforehand, it is quite common for a case to take up to a few years to come to an end. Often the higher the monetary damages associated with the case, the more the plaintiff will use delaying tactics and draw the case out. You must be prepared for a long time-consuming affair, that may require a lot of money for court and attorney fees, depending upon the deal you have with your wrongful death attorney. For more information about filing a wrongful death claim or to acquire the services of one of the top personal injury attorneys in all of Florida, contact Anissa K. Morris, Esq. today.