The emotional trauma and life-altering effects that follow the death of a loved one can make any legal action feel like one of life’s lowest priorities. However, the help of a Wrongful Death Attorney can take the burden off you and your family during this painful time, and help secure financial and emotional relief, when you need it most.
St. Petersburg Personal Injury Attorneys McQuaid & Douglas will work hard for you so you can be with loved ones during their time of need. For 60 years, Battaglia Ross Dicus & McQuaid, P.A has been providing exceptional legal assistance to the Tampa Bay area. Battaglia Ross Dicus & McQuaid, P.A is nationally ranked by US News and World Reports as a Tier 1 Law Firm. Sean McQuaid and Jonathan Douglas are both partners at Battaglia Ross Dicus & McQuaid, P.A and have been repeatedly recognized by their peers, the courts and the community as premiere lawyers in personal injury law.
The loss of a loved one can have considerable financial implications, with a reduction in household income and funeral costs all taking their toll. A Wrongful Death Lawyer will use their experience to make sure the survivors of the deceased are given the compensation they deserve, helping to cover the emotional and financial damage.
If you have lost someone close then you can have a Free Consultation with us today so we can get started on helping you through this time and determine whether your claim is applicable.
Personal Injury Attorneys Sean McQuaid and Jonathon Douglas have over 15 years worth of experience as Personal Injury Lawyers, winning compensation for those who need it most.
What is Wrongful Death?
A Wrongful Death claim is a civil action claim made against a person who may be liable for a death. It is made by the survivors (distributees) of the deceased against the negligence, recklessness or misconduct of another person. The law allows the distributees to seek compensation for the damages caused, following the wrongful death.
Wrongful Death claims are not criminal cases. The accused is not punished with incarceration, but instead payable damages.
Wrongful Death Time Limit
There is a deadline, called the ‘Statute of limitations’. This differs from state to state and is a time limit that once expired means the court can no longer act and claims can no longer be made. This is why it is vitally important to act as soon as possible, following a death.
When is a Wrongful Death Claim Applicable?
To establish that a Wrongful Death claim is applicable an attorney must be able to prove that the other person, or persons, failed to meet the level of care that was required for the deceased. This includes reckless or dangerous behavior. If it can be determined that this was directly a cause for the death and the damages that followed, then a claim is applicable.
Examples of Wrongful Death Situations:
Car Accidents and Auto Accidents
- Auto accidents are a shockingly high cause of Wrongful Death, due to carelessness and distractions.
- Driving intoxicated, carelessly or whilst on a cell phone are typical examples of blatant wrongful death claims.
- For auto accidents, the plaintiff is typically successful in 61% of cases, although a death due to negligence can increase this.
- A wrongful death claim can typically have grounds if a diagnosis was incorrect, misjudged, or treated incorrectly; or if there were inadequate levels of care in a hospital.
- These typically involve a safety violation or negligent behavior. This can be an employee decision, bad working environments or dangerous conditions.
Violence and homicide
- Accidental murder in crimes such as a mugging can result in a civil claim.
Premises liability issues
- This typically includes buildings that are not safe or don’t include a safe area. An example would be a shelf falling on a customer in a restaurant, or a dangerous dog being present with no warning, which resulted in an accident.
- The death of a mother or infant due to medical malpractice.
- A poorly designed or dangerous product that causes death can be the grounds for a Wrongful Death claim against a manufacturer.
- Babysitters or caretakers are responsible for the health of your children. Any fatality under their supervision is likely to be applicable for a wrongful death.
Relationships with the deceased
Various criteria are considered by the court when determining the compensation amount for the survivors of the deceased. This includes factors such as the net income of the deceased available, the cost of the loss of financial contribution, the life expectancy of all involved and the relationships between the dead and the distributees. Here are some more details:
- The emotional and mental suffering since the death may qualify for compensation. As well as the financial implications.
- Children may be able to seek damages for the loss of a parent, and their guidance and security.
- Both parents of the deceased have grounds for claims for the mental pain and emotional suffering.
- All the survivors may recover compensation for the loss of value in their life, since the date of initial injury. Medical and funeral expenses are also factored into to the claims of those who paid for them.
- Loss of inheritance, a consortium, or the deceased’s suffering before death can also be included as damages in a claim.
Punitive Damages are when the court chooses to punish the liable party for their involvement. This is done to punish and prevent others from behaving in a similar way in the future. This is typically used for blatant negligence, violence, recklessness or intentionally harmful behavior.
Why hire a Wrongful Death Personal Injury Attorney?
During what is surely the worst period of anyone’s life, it’s understandable to just want some peace of mind. An attorney removes the pressure placed on you when you’ll need to be focusing on recovering and working or being with your family. Here are some key reasons why hiring an Attorney is crucial:
- An attorney can get to work straight away, without the huge mental distractions you’ll likely have following a death. This means we can work to meet the ‘Statute of Limitations’ deadline.
- Vastly greater compensation results can come from the work of a Wrongful Death lawyer, than an individual claim.
- We’ll be your advocate throughout the entire process and effectively handle all the legal work and procedures for the optimal outcome.
- The experience of a professional lawyer removes the stress you will have to face alone, in understanding the civil court system.
- We have the resources and knowledge to quickly acquire and preserve key evidence that is crucial to your case.
Personal Injury Attorneys Sean McQuaid and Jonathon Douglas will be your advocate and helping hand during this hard time. They have over 15 years worth of experience as Personal Injury Lawyers working at Battaglia Ross Dicus & McQuaid, P.A, a Tier 1 Law Firm, to win compensation for those who need it most.
We understand the stress and hardship you are likely going through if you have lost someone close to you. We can help bring you some clarity and relief during this time, by removing the legal responsibilities and giving you the best chance for monetary compensation.
5858 Central Ave suite a, St Petersburg, FL (727) 381-2300
Sean McQuaid and Jonathon Douglas were voted best attorneys in Saint Petersburg, Florida for 2020.
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