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What to know when filing a wrongful death claim

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What to know when filing a wrongful death claim

by | Apr 18, 2021 | Personal Injury

Wrongful death claims are applicable in three key circumstances. The first is when an individual is murdered, the second is when an individual is in an accident involving severe negligence leading to their death, and the third is when someone dies because of medical malpractice. Still, many other cases are applicable in Florida.

What needs to be proven?

Any claims that are filed must be proven. For example, if you are trying to prove a negligence case, you would need to show that the defendant had a reasonable duty to give the victim care as well as that the defendant was the direct cause of the plaintiff’s death.

Who is eligible to file a wrongful death claim?

A spouse may decide to file a wrongful death claim for the victim. If a child is the wrongful death victim, the parents may decide to file for the deceased minor. Additionally, the opposite is also true. Minors are eligible to file a wrongful death claim for the deceased parent.

For what can you receive compensation?

You have many options for recovering from a wrongful death. You can receive survivor’s compensation for the emotional pain and suffering that you have gone through. You may receive compensation for a wrongful death if you are a child and have experienced the loss of an inheritance. In addition to what you initially file for, you can receive compensation for the costs associated with the burial of the wrongful death victim. You can also receive compensation for any medical costs incurred prior to the death. Other things you can receive compensation for include loss of income, guidance, and a few other occurrences.

If you want to find out more about filing a wrongful death case, be sure to seek out the advice of a wrongful death attorney. He or she will inform you of your eligibility for compensation and what you will need to prove in order to have a successful claim.