Losing a loved one is never easy, especially when you’re facing unexpected legal and financial decisions. If an untimely death resulted from the recklessness, negligence, or deliberate act of another, you need to speak with a skilled wrongful death attorney. The Leach Firm, PA, could help you through this challenging time by working to achieve the fairest legal solutions possible for your case.
Wrongful death cases may involve defective or malfunctioning products, medical malpractice, car or truck accidents, falls caused by dangerous conditions, workplace hazards, and criminal actions, to name a few. When your loved one was injured or killed in a situation that may have been caused by the negligent or deliberate behavior of another, talk to us today. Our dedicated legal team could help you find answers as well as compensation for your losses.
What qualifies as wrongful death?
A wrongful death is generally defined as an instance in which an individual passes away as a result of negligence or other misconduct of another person or entity (such as a company). Negligence involves a person or entity not performing responsibly, while misconduct may refer to reckless behavior or intentional harm committed by another person.
What are common types of wrongful death?
The situations leading to wrongful death cases can come in many shapes and forms, but some occur more frequently than others. Car accidents are some of the most common; typically, a driver who is speeding or otherwise operating a vehicle recklessly and who causes the death of another person as a result can be held liable for wrongful death.
Medical malpractice cases are another relatively common type of wrongful death case. Doctors can be held liable for failing to diagnose a condition, misdiagnosing a patient, or failing to order appropriate tests if a wrongful death attorney can demonstrate that a reasonable medical professional would have made the correct determination under the same circumstances.
Other common types of wrongful death cases include those arising from product failures or slip and fall accidents on someone else’s property. Defective products and dangerous conditions on the premises of another can cause injuries that lead to death even when the victim is acting with appropriate caution.
How long do you have to file a wrongful death suit?
In both Georgia and Florida, the statute of limitations for a wrongful death lawsuit is two years. This timer begins on the date of the individual’s death, not on the date of the accident or event. So if your loved one remained in the hospital for weeks or months prior to passing away, you have two years from the date of death to file a claim. However, it is necessary to start collecting evidence to build your case long before the statutory deadline, so it can be helpful to consult a wrongful death lawyer for assistance as soon as you suspect a death may have been caused by another person’s failure to act responsibly.
Who can sue for wrongful death?
In general, the close family of the individual who has passed away is eligible to file a suit for wrongful death. This includes the person’s spouse, children, or parents. In many cases, adoptive children or children of unmarried parents may also file a claim, as well as blood relatives who depended on the deceased person for support.
How hard is it to prove wrongful death?
Proving fault in a wrongful death suit can be challenging, which is why it is important to work with a legal professional who is familiar with these types of cases. The plaintiff must prove by a preponderance of the evidence that the defendant was negligent or committed intentional misconduct, which can pose a significant roadblock for many families. In order to succeed, you will need evidence to demonstrate that the individual was in a breach of duty and that their actions directly caused the death of your loved one. Wrongful death lawyers often bring in expert witnesses to help prove causation.
Talk to a Wrongful Death Lawyer Serving Florida and Georgia
Our personal injury lawyer understands how difficult it can be to make decisions after a death, but also knows how important it is to pursue your case as quickly as possible. A decade from now, you might still feel the financial and emotional impact of your loss, but you will be unable to pursue a legal claim. The time to act is now.
Consulting a wrongful death lawyer can protect your family’s future and help you find peace. You only pay us if we recover compensation for you and your family. Contact us today to schedule a free consultation.
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