Who Can File Wrongful Death Claims?

There are quite a few different people who have the right to file a wrongful death claim in Fort Lauderdale. The following are generally the relations that commonly file these claims, but if you are in a different situation but believe that you should be able to seek compensation, contact us today for your free initial consultation.

• Immediate family members, such as a spouse, biological and/or adoptive children, and parents of the victim if they were unmarried
• Domestic partners
• Designated beneficiaries
• In certain situations, siblings or grandparents of the victim
•  

Again, if you believe that you are entitled to compensation but your relationship to the deceased is not listed above, contact us now to get specific advice on your rights and options.

When To File a Wrongful Death Claim

There are many different situations where someone can file a wrongful death claim against a responsible party, or their representative insurance company. The following examples are just a few different times when close relatives are eligible to seek compensation in the form of a wrongful death claim, but we will be happy to discuss your situation regardless of whether or not it resembles any of the following examples.

Medical Malpractice

When a patient trusts the wisdom and experience of a medical professional for any number of medical issues, they are within their right to expect a reasonable duty of care for their situation, meaning that the medical professional will take the necessary steps to minimize the risk of further harm. This applies in a wide range of instances, such as surgery and possible surgical errors, prescribing accidents, improper diagnoses or a failure to diagnose a serious illness, and more.

If this failure ends up causing fatal harm to the patient, then the surviving family may be able to seek compensation from the medical professional or facility who was responsible for the death of their loved one in the form of a medical malpractice suit.

Negligence or Recklessness

In cases such as fatal car accidents, slip and fall deaths, or any other death that results in someone acting recklessly or negligently, the surviving family members are able to seek compensation from the party responsible for their loved one’s death. In the event of a car accident, it is likely that the beneficiaries will seek compensation from the driver’s insurance company, but in many other instances, they may be dealing directly with the defendant or their legal representatives.

Murder

Murder and manslaughter are both criminal affairs, but there are often opportunities for the victim’s family to seek financial compensation as well. However, the murderer’s ability to pay the settlement amount awarded to the victim depends on their financial circumstances, so an award for $1 million does not mean anything if the defendant does not have the money to pay. This can often be a complicated situation, so it is important that you partner with a wrongful death attorney as soon as possible to build a strong case and identify all possible options to seek compensation.

Seeking Compensation With a Wrongful Death Claim

Determining the damage amounts in a wrongful death claim is a similar process as any personal injury case, except there are a few additional factors that are considered. As with any other personal injury claim, damages are separated into economic and non-economic damages in order to clearly separate the types of impacts that the accident and resulting death has on both the deceased and their surviving family members. In some cases, a judge or jury may additionally award punitive damages at the end of a trial, but since these amounts can not be requested or argued for by your attorney, they are not included below.

Economic Damages

Economic damages are the basis of these types of cases, and they include measurable financial expenses and losses including any medical treatment that the deceased was given before their time of death. In addition, economic damages will calculate the financial impact of the deceased’s income and the financial support they provided to the survivors. There are many other factors that go into a complete economic damage package as well, but these are the most common.

Non-Economic Damages

Non-economic damages are more complicated to calculate than economic damages because they are applied to abstract concepts and immeasurably impacts such as emotional and psychological damages. A personal injury case seeks compensation for things like the pain and suffering of the injuries a victim endured after the accident, and while the deceased’s pain and suffering may be included, these damages to further to include loss of companionship and loss of emotional support.

We will work to develop a comprehensive list of damages and associated costs in order to get you the money that you rightfully deserve after this traumatic and upsetting experience. Contact us as soon as possible to get started on your case today.

Related Practice Areas