248 ReviewsHow Can a Wrongful Death Attorney Help?
Losing a loved one due to the negligence or misconduct of another is a traumatic experience that can leave families emotionally devastated and financially burdened. During this difficult time, a wrongful death lawyer can provide assistance and support to help families seek justice for their loss.
Wrongful death cases involve intricate legal principles and procedures. An experienced wrongful death lawyer at Friedland & Associates understands the nuances of wrongful death statutes, liability, and potential damages. They can guide you through the legal maze and ensure your rights are protected.
Investigation
An attorney on our legal team will conduct a thorough investigation into the circumstances surrounding the death. They will gather evidence, interview witnesses, consult experts, and analyze medical records to establish liability. This investigative process is crucial in building a strong case.
Determine Liability
Identifying the party or parties responsible for the death is essential. A wrongful death lawyer will work to establish negligence or misconduct and prove that the defendant’s actions directly led to the tragic outcome.
Managing Documentation
Wrongful death cases involve extensive paperwork and legal documentation. A wrongful death lawyer will manage the documentation process, ensuring that all necessary paperwork is properly filed, deadlines are met, and legal requirements are fulfilled.
Calculating Damages
Determining the appropriate amount of compensation can be complex. A wrongful death lawyer will assess economic and non-economic damages, such as medical bills, funeral expenses, lost income, pain and suffering, and loss of companionship, to arrive at a fair and accurate compensation figure.
Negotiation
Wrongful death lawyers can engage with insurance companies or opposing parties to pursue a fair settlement. They will advocate on your behalf to ensure your interests are protected and that you receive the compensation you deserve.
Can I File a Wrongful Death Claim?
In both New York and Florida, wrongful death laws are designed to provide a legal remedy for families who have lost a loved one due to someone else’s negligence, recklessness, or intentional misconduct. While there are similarities between the two states’ laws, there are also important differences.
Wrongful Death Laws in New York
In New York, a wrongful death claim can be filed by the decedent’s spouse, children, parents, or estate representative. Damages sought in a wrongful death lawsuit can include economic losses such as medical expenses and lost income, as well as non-economic losses such as pain and suffering endured by the deceased before their passing. The statute of limitations for filing a wrongful death lawsuit in New York is typically two years from the date of the person’s death.
Wrongful Death Laws in Florida
In Florida, a wrongful death claim is brought by the decedent’s personal representative, usually a close family member. Damages in a Florida wrongful death case can include medical expenses, funeral costs, loss of financial support, and loss of companionship. Florida’s statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death.
What Are the Common Causes of Wrongful Death?
The causes of wrongful death can be diverse and range from preventable accidents to intentional harm.
Some of the most common causes include:
Auto accidents
Traffic accidents, including car, truck, motorcycle, and pedestrian accidents, are among the leading causes of wrongful death. Negligent driving, speeding, distracted driving, and impaired driving can all contribute to fatal collisions.
Medical Malpractice
When healthcare professionals provide substandard care, medical errors can lead to fatal outcomes. Misdiagnosis, surgical errors, medication mistakes, and inadequate treatment can result in wrongful death claims.
Workplace Accidents
Inadequate safety measures, hazardous conditions, and lack of training can lead to fatal workplace accidents. Construction accidents, industrial incidents, and exposure to harmful substances are examples of workplace-related wrongful deaths.
Product Liability
Defective products that cause fatal injuries can lead to wrongful death claims. These products may include faulty machinery, medical devices, medications, and consumer goods.
Premises Liability
Property owners have a responsibility to maintain safe premises for visitors. Wrongful deaths can occur due to slip and fall accidents, inadequate security, and other hazardous conditions on the property.
Criminal Acts
Intentional acts of violence, such as assault, murder, and manslaughter, can result in wrongful death claims if the actions of the perpetrator caused the victim’s death.
Nursing Home Neglect
Elderly residents in nursing homes and care facilities can suffer wrongful death due to neglect, abuse, or inadequate medical care.
Public Accidents
Wrongful deaths can occur in public spaces due to dangerous conditions, such as poorly maintained sidewalks, inadequate lighting, or lack of proper signage.
Defective medical devices
Medical devices that malfunction or fail can lead to fatal complications for patients who rely on them for treatment or support.
Drowning and water accidents
Negligence around pools, water bodies, and aquatic activities can lead to drowning incidents and wrongful deaths.
Airplane and train accidents
Aviation and train accidents resulting from technical failures, human errors, or inadequate safety measures can lead to wrongful deaths.
Dangerous drugs
Pharmaceutical drugs with undisclosed side effects or inadequate warnings can lead to fatal adverse reactions.
Construction site accidents
Construction workers face significant risks, and accidents on construction sites due to falls, equipment failures, or collapses can result in fatal injuries.
Fires and explosions
Fires, gas leaks, and explosions caused by negligence, poor maintenance, or unsafe conditions can lead to wrongful deaths.
Contact Us Today!
At Friedland & Associates, we understand the profound impact a wrongful death can have on a family’s emotional and financial well-being. Because of this, we offer free consultations to discuss your case and assess how we can best support you during this difficult time.
Our goal is to help you seek justice and hold those responsible accountable for their actions. Contact us today to learn more.
