Losing someone you love is traumatic and painful. When you lose a beloved family member in an accident that could have been avoided, the loss seems even more tragic. If the deceased was the primary breadwinner or caregiver for your family, you could be left wondering how your family will survive. A Niceville wrongful death lawyer can help.
When one party, whether a person or entity like a business or product manufacturer, is negligent and causes the death of an individual, then the surviving family members have legal options. In the State of Florida, the personal representative of the deceased’s estate is permitted to file a wrongful death lawsuit. If the case succeeds, the estate’s beneficiaries may receive compensation. If you lost a loved one through someone else’s negligence, contact the Niceville personal injury lawyers of The Bruner Law Firm today at (850) 605-0672 for a free consultation.
Who Can Bring a Wrongful Death Claim in Florida?
Only the personal representative of the deceased’s estate can bring a wrongful death lawsuit against the at-fault party. Compensation received from the lawsuit will be paid to the estate to cover medical or funeral expenses that were charged against the estate or paid on the deceased’s behalf. The personal representative can seek money for the lost support and services of the decedent. The lawsuit can include loss of consortium and mental pain and suffering compensation for the spouse, as well as compensation for minor children for lost parental guidance, support, instruction, and pain and suffering.
How Does a Wrongful Death Case Work?
Wrongful death cases are similar to personal injury claims. Your lawyer can investigate the incident that led to your loved one’s death, starting by identifying the responsible party. This could be:
- Another driver
- A semi-truck driver
- The manufacturer of a defective consumer product or dangerous medication
- A doctor or other healthcare professional
- Someone who meant your loved one harm
Then, your attorney can build a case against the other party. They can gather evidence about how the accident happened and how the at-fault party caused it. Your lawyer can also accurately assess the value of your case, including all your losses, not just the financial ones.
Sometimes, a wrongful death case could be settled out of court. The liable party may not want to take on the expense of a trial. Or perhaps they don’t want the case to be on the public record. In a settlement, they may stipulate that the details and terms of the settlement remain confidential.
Sometimes, a wrongful death case goes to trial. In Niceville, wrongful death cases are civil matters, usually heard in the Okaloosa County Courthouse, near the intersection of highways 90 and 85, by Twin Hills Park. Your lawyer presents evidence to a judge or jury, who decides the case.
How The Bruner Law Firm Can Help You with Your Case
The legal team at The Bruner Law Firm can help you after the death of a loved one. We have decades of combined experience handling personal injury and wrongful death cases. Some of our most recent victories include:
- $1.5 million for a wrongful death case in Walton County, Florida
- $1 million in a wrongful death case in Walton County, Florida
So, how can a lawyer help you? First, our legal team can conduct an independent investigation into the accident. We can interview witnesses and examine physical evidence of what happened. This helps us pinpoint the negligent party or parties.
The case we build and the evidence we collect depend on the situation. For example, perhaps your loved one died due to medical malpractice. We may investigate the healthcare worker’s personnel records or certifications. Or we could interview expert witnesses to determine whether the healthcare provider deviated from an acceptable standard of care.
Perhaps your loved one died in a car crash. We may examine the other driver’s actions leading up to the collision and the police report. If, for example, the other driver was drinking or using drugs before getting behind the wheel, then we can argue that they were negligent and at fault for the wreck.
Once we determine the identity of the at-fault party and build a case against them, we can send a demand letter to their insurance company for full and fair compensation. We can also represent you in negotiations for a settlement. We can argue your case in court if the insurer does not agree to fair compensation.
What Kind of Compensation You May Be Eligible to Receive
The following types of compensation might be available in a wrongful death lawsuit:
- Burial and funeral expenses
- Any medical costs the deceased incurred after the accident, like an ambulance ride or hospital stay
- Pain and suffering the deceased experienced before they passed away
- The emotional distress and mental anguish you and your family suffered
- Lost income the deceased would have earned had they lived
- Loss of support services, like homemaker services or child care, that the deceased contributed to the family
- Loss of companionship, care, guidance, and consortium
We will properly assess the value of your case to ensure that we demand maximum compensation for your family.
What You Need to Build a Strong Case
Building a strong case for wrongful death means proving that the at-fault party’s negligence caused the accident and, thus, your loved one’s death. First, your attorney must prove that the liable party owed your loved one a duty of care. Then, they must establish that the at-fault party didn’t fulfill their duty of care and that the breach of the duty of care led to the accident, which, in turn, caused injuries and your loved one’s death. Finally, your lawyer must show that you and your family suffered losses because of the accident.
Contact a Niceville Wrongful Death Lawyer Today
Do you need help after a loved one dies in an avoidable accident? Do you want to get justice from the party that caused your loved one’s death? The skilled wrongful death lawyers from The Bruner Law Firm can help. We offer a free consultation for clients. Our offices are conveniently located at the intersection of John Sims Parkway and Partin Street, near Niceville High School. We take your loss seriously and are committed to aggressively pursuing your claim. Contact us today at (850) 605-0672 to schedule your free consultation.
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