Wrongful Death
Wrongful Death Claims in Brevard County
Compensation for Accident Fatalities
One of the worst and most painful realities of life is that accidents occur on a daily basis, and some of those accidents result in serious injuries or even death.
When the accident is caused by someone else’s negligence or recklessness, the victims or their families deserve to fight for justice and compensation for their losses.
The best way to do so is to hire an experienced personal injury attorney who understands Florida law concerning accidents and is willing to fight for your rights in court.
Personal injury attorneys will be able to file a wrongful death claim on your behalf and work diligently to prove that you or the family members of a lost loved one deserve compensation following a severe accident.
What Is a Wrongful Death Claim?
Has your family lost a loved one in a wrongful or questionable death? Wrongful deaths may result from auto accidents involving negligent or drunk drivers, defective products, workplace accidents, medical malpractice, or other negligent or reckless acts.
A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct.
Wrongful death claims are intended to hold the responsible party accountable and to pursue compensation for the losses, damages, and suffering caused by the fatality.
Practice Areas
Get Compensation for Accident Fatalities with a Wrongful Death Case
In these and other wrongful death situations, family members and the victim’s estate may be entitled to recover damages for their loss, including medical and funeral expenses, loss of earnings and net accumulations, and pain and suffering for the grief and loss of the loved one. In certain cases, punitive damages may also be awarded.
- A loved one is killed in an automobile, motorcycle or trucking accident
- A family member is struck and killed while walking or riding a bicycle down the sidewalk (pedestrian accident)
- A loved one is killed by a drunk driver who just left a local restaurant, bar, or night club
- A child dies due to lead poisoning from a toy purchased at a major department store
- A worker dies due to exposure of hazardous, toxic chemicals while on the job
- A spouse dies when a health care professional or doctor fails to diagnose and/or properly treat a condition or disease
Although this is not an exhaustive list and the potential circumstances which led to the fatality are numerous, the result in each situation should be the filing of a wrongful death suit on behalf of the family who had to endure their loved ones death.
How Is a Wrongful Death Suit Proven?
Unlike a criminal case, the bar for the burden of proof is quite a bit lower, but there are still several important elements that must be demonstrated in order to win a wrongful death suit on behalf of the surviving family members. Wrongful death attorneys will discuss how the case will proceed as well as the strategy that they develop in order to fight for the justice your loved one deserves and the compensation you need from your losses.
In order for wrongful death claims to be successful, the personal injury attorneys must show the following:
- Negligence: it must be shown definitively that the negligence, recklessness, or carelessness of the defendant is what led directly to the death of the loved one
- Breach of Duty: each wrongful death claim will need to demonstrate that there was a breach of duty by the defendant. This means that the wrongful death attorneys will need to prove that the defendant breached that expected duty. For example, a medical practitioner has a duty to provide the best possible treatment and care for his patients. If that duty was breached, the deceased patient’s loved ones would need to show how the doctor’s actions led to the patient’s death.
- Direct Causation: The negligence or recklessness must be the direct cause of the individual’s death in order for the case to be legitimate in Brevard county.
- Damages: The death claims presented by the loved one’s attorneys must indicate the quantifiable damages resulting directly from the accident. These can include medical bills, hospital fees, burial costs, funeral expenses, lost wages, potential earnings, and much more.
If any of those 4 criteria are not met, the wrongful death lawyers will have a very difficult time proving that the at-fault party should be held accountable.
What Compensation Could I Receive?
This is a critical question when dealing with motor vehicle accidents, physical disability, brain pressure, brain bruises, and speech therapy.
If you or your loved one is a brain injury victim, consult an experienced personal injury lawyer in Florida. The lawyer will examine your case and provide you with legal options to compensate for your losses.
When you file a lawsuit for brain injury, either you or your loved one, you can expect to receive compensation for the following:
- Medical expenses
- Physical or emotional pain
- Reduction in the way you or your loved ones enjoy life
- Lost wages
- Limitation to future earning ability
- Wrong full death
- Pain, suffering, and loss of companionship experienced by the victim’s loved ones
Life-Changing Injuries Deserve Fair Compensation
Catastrophic injuries, as they’ve come to be known, can turn a person’s life upside-down in the blink of an eye. One such devastating injury is called traumatic brain injury (TBI) and can occur in almost any accident. To summarize, many accidents involving personal injury can cause serious and long-lasting victims.
Common cases include auto accidents, motorcycle accidents, trucking accidents, slips, and falls, and construction site accidents.
Traumatic brain injury occurs when a person suffers a blow to the head that jars their brain and causes bruising, swelling, and restricted blood flow. Some cases can be classified as minor concussions, but serious cases can cause severe dizziness, blurred vision, nausea, seizures, unconsciousness, memory loss, and even a coma.
In both situations, individuals and their families’ effects can be life-changing. A victim might suffer from a reduced mental capacity for the rest of their life and require ongoing personal assistance.
The expenses involved with such an injury can be astronomical. If you or someone you know has been in an accident and has suffered from TBI, do not hesitate to speak with a Brevard County personal injury attorney from Alpizar Law, LLC and learn what a lawyer can do to recover any current and ongoing damages.
Contact a Brevard County Wrongful Death Lawyer!
As members of the Multi-Million Dollar Advocates Forum®, we have successfully recovered millions of dollars in damages over the years. Our firm also holds memberships with the National Trial Lawyers Association and the American Association for Justice.
Contact our offices at your earliest convenience to set up a free consultation with an experienced attorney who can win the results you need. We represent clients in Palm Bay, Melbourne, and the rest of Brevard County.
We’re Here for You.
We’ll take the time to understand your situation, explain your options, and help you move forward with confidence.