Families or the defendant’s attorney can file a wrongful death lawsuit if the victim has survived and is eligible to pursue a personal injury claim in South Florida. There have been cases where the person is no more due to someone else’s negligence, and the family members filed a wrongful death claim.
These lawsuits differ from personal injury cases involving car crashes or slip-and-fall accidents, for example, and can take a variety of times depending on what happened. For more assistance in settling your wrongful death claim, contact Dolan Dobrinsky Rosenblum Bluestein; they have the relevant experience in handling such situations with the appropriate mindset.
Do These Lawsuits Have Timings?
Wrongful death lawsuits have a time limit. If someone died as an outcome of the aggression, negligence, or carelessness of another, a claim may be filed. Likely, the jury or the court will determine the amount of damages owed to the remaining family members. These are dependent upon several elements, such as the victim’s age, health, capacity to provide for their family, and expected life expectancy or if they are already dead.
The Initial Phase of an Innocent Death Lawsuit
- There are several steps involved in a wrongful death case. First, the deceased person’s family members or legal representative should get in touch with an attorney who specializes in these kinds of legal action to ensure they receive the right and experienced advice throughout every stage of the process.
- The lawyer will ensure that the case is filed in a timely manner and identify the person or parties accountable for the victim’s death in order to help the plaintiff(s) in their claim for the appropriate damages.
What is The Discovery Rule?
The discovery rule could occasionally apply to a wrongful death action. This includes any actions that might show whether the victim had a right to know the cause of their illness or injury prior to dying. Any constraints specific to the case must have been in place prior to the death of the deceased.
How to Be Eligible For an Unfair Death Settlement
Even though there is not a defined sum, there are a number of elements that influence the kind of settlement you ask for when a loved one passes away. One of the most important points is the potential revenue stream of the deceased if they had survived. The expenses are spent for the deceased’s pre-death medical treatment, funeral, and burial. There are a lot of other factors that can be taken into consideration, and loss of income needs to be determined properly.
What Happens During a Trial For Wrongful Death Cases?
If the parties are unable to reach a settlement amount, a wrongful death lawsuit proceeds to trial. Now, the judge and the jury will have control over the case. A jury hears all of the evidence in the case in order to determine a fair and equitable settlement for the remaining family members. Particular damages are considered in addition to determining whether the victim’s death was caused by medical negligence or criminal behavior.
In that instance, in addition to the damages sought by the plaintiffs, the jury can decide to award punitive damages. The jury is never biased against anyone. They hear all the facts presented to them and decide what is best for them. This amount is not so much intended to compensate the surviving family as it is to penalize the offender for reckless or bad actions.
- Jury selection
- Opening statements
- Plaintiff’s case presentation
- Defense’s case presentation
- Closing arguments
- Jury instructions and deliberation
- Verdict announcement
- Damages calculation
- Expert testimony and evidence presentation
- Post-trial motions and appeals process
