How Does a Wrongful Death Lawsuit Work? A wrongful death lawsuit involves proving the cause of the decedent’s death, identifying the at-fault party, proving liability, and assigning a monetary value to your damages.

If you lost a loved one and are filing a claim for wrongful death, you need to know how a wrongful death lawsuit works. The process involves:

  • Proving the cause of your loved one’s death
  • Identifying the at-fault party
  • Assigning financial liability
  • Defining your relationship to the deceased
  • Assigning a monetary value to your claim
  • Filing your lawsuit within a specified time frame

After these actions are taken, your case will either proceed to court or will be resolved with a financial settlement. A lawyer may be able to help you meet the required legal elements, prepare your claim, and negotiate a favorable financial settlement in lieu of a lengthy court case.

For a free legal consultation, call (800) 747-3733

Prove Your Case Qualifies for a Wrongful Death Lawsuit

According to Florida Statute § 768.19, your case may qualify for wrongful death compensation if:

  • Your loved one’s death was caused by a “wrongful act, negligence, default, or breach of contract or warranty”
  • The action that caused death would have entitled your loved one to financial recovery if they had survived

A lawyer may be able to help determine if you have a claim for wrongful death and can also help identify the right party or parties to pursue for financial compensation.

Prove You Are Eligible to File a Claim

The sudden, unexpected death of a loved one can leave your entire family in emotional and financial turmoil. Even though their death may have impacted the entire family, according to Florida Statute § 768.21, only specific family members may be able to file a claim for wrongful death, including the deceased person’s:

  • Spouse
  • Biological or adoptive parents
  • Biological or adopted children
  • Biological or adoptive siblings, under specific circumstances

If you are the current spouse, parent, or child of the deceased person, you may be entitled to compensation. If you are related to the decedent in another way, a lawyer may be able to help if you need assistance determining your potential eligibility to file a claim for wrongful death.

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Prove the Extent of Your Financial Impact

When you pursue the at-fault party for financial compensation, you must assign a financial value to your claim. According to Florida Statute § 768.21, the economic and non-economic damages you may be able to recover include:

  • Medical bills
  • Funeral expenses
  • Burial expenses
  • Loss of income
  • Loss of services
  • Loss of companionship
  • Loss of protection
  • Loss of instruction
  • Loss of guidance
  • Pain and suffering

Your lawyer can help you define the damages you may be entitled to receive. Your lawyer may also ensure no expenses are overlooked and your claim for compensation is not undervalued or underpaid.

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Start Preparing Your Wrongful Death Claim Today

When our team represents your wrongful death claim, we can walk you through how a wrongful death lawsuit works with responsive legal care that goes the extra mile for you. Contact our team at the Law Offices of Anidjar & Levine by calling 1-800-747-3733 today.