Wrongful Death Lawyer Vero Beach, FL
Tuttle Law, P.A.
A wrongful death lawyer Vero Beach, FL family members trust from Tuttle Law, P.A. knows how devastating it is when a loved one dies unexpectedly. However, when your loved one’s death is caused by another’s negligence, it can be even more difficult for the survivors to stomach. While no amount of money can assuage the grief, it can definitely help ease the financial burdens left behind. If your loved one passed away due to another’s negligent actions, you are able to file a wrongful death claim.
What Is a Wrongful Death Claim?
“Wrongful death” occurs when someone dies because of another’s misconduct or negligence. These claims are filed separately from criminal prosecutions, so survivors could possibly receive damages from both legal actions. However, just because a plaintiff loses a wrongful death lawsuit doesn’t necessarily mean they would be prosecuted under a criminal lawsuit.
Damages awarded in wrongful death claims are “pecuniary,” or financial. These damages are meant to cover lapsed medical bills and funeral expenses, loss of salary, loss of inheritance and even emotional support.
Multiple circumstances can qualify as “wrongful death.” Some of the most common include:
- Medical malpractice
- Car accidents
- Harmful exposure while on the job
- Criminal misconduct
How to File a Wrongful Death Claim?
A wrongful death claim is brought against a person or entity that somehow caused the death of another person. In general, negligence, recklessness, wrongdoing, carelessness, or malicious intent must be involved. These claims are meant to provide compensation for the losses that resulted from the death.
Wrongful death claims are usually filed by the executor of the estate. This person acts on behalf of any surviving family members. When an executor, or family members, are interested in taking legal action, it is recommended to consult a lawyer from our team. By working with Tuttle Law, P.A., we will help you to ensure that your rights and interests are protected as you move forward with a case.
In order to file a wrongful death claim, the following requirements must be met:
- An individual must be dead
- The death must have been caused by another’s negligence or misconduct
- The surviving family members are suffering monetary injuries due to the death
- A personal representative must be appointed to oversee the defendant’s estate
In many cases, a wrongful death case is quite similar to a personal injury case in the elements involved.
What Needs to be Proven in a Wrongful Death Claim?
To win a wrongful death claim, you must be able to prove one of three elements. First, you must prove “duty of care.” This means that the defendant was responsible for the wellbeing of the plaintiff. People providing this care could include a doctor providing treatment to a patient or an Uber driver providing safe transport to a passenger.
Second, you must prove there was a “breach” of this duty of care, meaning the defended acted in an irresponsible or negligent manner, resulting in the plaintiff’s death. Finally, you must prove “causation” — that the death was a direct result of the defendant’s actions.
What Should I Do Next?
If you lost a loved one to negligence, a FL wrongful death lawyer in Vero Beach would like to talk with you about your legal options. Tuttle Law, P.A., has been helping individuals and families for years. Whether you lost someone to a tragic car accident or a similar event involving negligence, we may be able to recover compensation for your losses.
Following a fatal accident, evidence should be preserved as quickly as possible. If the alleged liable party is savvy, they could attempt to destroy evidence. It is not uncommon for personal injury law firms to deal with this kind of behavior, and for this reason, our team encourages plaintiffs to take the right steps as soon as possible.
Our lawyers can work with leading investigators, analysts, and expert witnesses who can investigate what happened, review records, gather evidence, and take witness statements. While we handle this important part of the process, you can focus on healing from your loss.
When Can I File a Wrongful Death Claim?
Generally speaking, a claim can be filed against a person or entity after their actions, or lack of led to a death. Examples of events that might lead a person to contact Tuttle Law, P.A., for information about a wrongful death claim include:
- Motor Vehicle Accident Fatalities
- Workplace Fatalities
- Premise Liability Fatalities
The above is not exhaustive, but rather examples of situations that could result in a wrongful death claim. As no two cases are exactly alike, it is recommended that you consult with a respected lawyer, such as one from our law firm, immediately.
Who Can Pursue A Wrongful Death Claim?
The alleged responsible party for the death could face criminal charges from the state prosecutor. It is important to understand that with or without criminal prosecution when negligence is a factor, surviving family members can typically pursue compensation. Surviving family members include:
- Surviving spouse or legal partner
- Surviving children
- Surviving parents
Wrongful death cases can involve tragic emotions, confusion, and grief. Having a dedicated Florida wrongful death lawyer in Vero Beach at your side is imperative, so call Tuttle Law, P.A., for a consultation today.