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Wrongful Death

The loss of a loved one is a tragedy that stays with you for the rest of your life. While financial compensation will not make victims whole or bring back what they’ve lost, it is the only way victims can seek justice through the legal system. Financial compensation allows surviving family members to plan for the future, adjust to their new normal, and begin moving forward.

If someone you love has died due to another’s negligence, you may have grounds for a wrongful death claim. It’s important to reach out to a wrongful death lawyer in Lakeland as soon as possible so you don’t let the statute of limitations run out. Darla K. Snead, P.L. understands your loss and is here to guide you through this process. Contact us to discuss your case.

What is a Wrongful Death Claim?

Wrongful death claims are a type of civil lawsuit. A wrongful death suit aims to compensate surviving family members for the financial and non-financial losses they have endured due to the death of their loved one. This type of claim is only an option when someone else’s negligence directly caused the individual’s death.

Proving a Wrongful Death Claim

There are several elements that must be proven for a wrongful death claim to be successful. This is why it’s important to work with an experienced Lakeland injury lawyer. Your attorney understands the amount and type of evidence needed to support each of these elements.

  • First, the perpetrator’s actions must be proven to be negligent. This depends on which type of accident led to your loved one’s death. In a car accident case, for example, speeding or driving under the influence is negligent. In an animal bite case, an owner who fails to keep their animal leashed and in their control is negligent.
  • Victim’s losses. Your Lakeland injury lawyer must demonstrate that if your loved one had survived, they would have been able to file a claim against the other party for their own damages.
  • Identification of the person bringing the suit. Under state law, only certain individuals are able to file a claim against a party who caused the decedent’s death.
  • Your wrongful death lawyer must demonstrate the personal and financial losses you have suffered as a result of your loved one’s death.

Causes of Wrongful Death

Almost any type of personal injury case can lead to a wrongful death case. Common causes of wrongful death claims include:

  • Vehicle accidents – If your loved one dies in a car accident or as a result of injuries they suffered during a car accident, a wrongful death suit may allow you and other surviving family members to get the compensation you need to move forward.
  • Defective products – Products that are poorly designed, manufactured, or marketed can lead to death. Consider, for example, the lawsuit against Johnson & Johnson regarding baby powder. The family members of women who died from ovarian cancer caused by baby powder were able to seek civil damages.
  • Animal attacks – Animal attacks do not often lead to death, but death can occur if a dog bite becomes infected and leads to sepsis. In these situations, a wrongful death case may be a viable option for surviving family members.
  • Assaults – Brutal assaults can cause victims’ untimely deaths. In addition to the consequences that the perpetrator may face in the criminal justice system, they may also be forced to make reparations with a wrongful death claim.

Requirements to File a Claim

Before you move forward with a personal injury lawyer in Lakeland, make sure that you know who can file a wrongful death claim and when a claim must be filed. In Florida, this type of claim must be filed by the personal representative of the decedent’s estate. The personal representative does this on behalf of the decedent’s survivors, including their spouse, children, and parents. The people entitled to compensation from a successful claim vary, depending on the circumstances of the case.

A claim must also be filed in a timely manner. In most circumstances, the statute of limitations is two years from the date of death. However, there are exceptions. If the claim is against a government entity, people must file additional paperwork before they can file a claim.

Circumstances vary, and if you wait too long, you may unintentionally lose your right to file a wrongful death claim. Discuss your case with Darla K. Snead or Michael H. Dulin to explore your options.

Hiring Darla K. Snead, P.L. for Your Wrongful Death Case

Wrongful death cases can be complicated since the main victim of the accident cannot testify about what they experienced and saw before passing. Because of this, you need an attorney who has substantial experience in wrongful death cases. They will be able to gather and protect evidence, analyze and investigate the accident, and determine which types of damages family members may be able to recover.

Darla K. Snead and Michael H. Dulin know how much is at stake when you choose to file a wrongful death claim. They understand how painful an unexpected death can be for surviving family members and loved ones, especially when someone else’s negligence is directly responsible. Their goal is to help surviving family members recover as much as possible while giving them the empathy and space they need to begin the healing process.

With almost 50 years of combined experience in the law, Ms. Snead and Mr. Dulin are well-versed in the tactics that insurance companies use to avoid paying out legitimate claims. The loss of a family member means significant emotional pain and trauma, as well as the loss of support, help with household tasks, and financial support. While money cannot fix these issues, it can help you begin planning for this next stage of your life.

Contact Us Now to Get Started

Ready to discuss your case with Darla K. Snead, P.L.,  top injury lawyers in Lakeland? Take the first step now. We look forward to learning more about you, discussing your case, and developing a plan that addresses your legal needs and right.  Contact Darla K. Snead, P.L. to get started.

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