Sadly, nearly one hundred people die in car crashes every day in the United States. Most of these crashes are the result of a negligent driver, a company or both. Wrongful Death injury lawyers specialize in making claims against those negligent drivers and companies. Many people want to know why Wrongful Death injury lawyers always ask for money as compensation. They wonder what good money will do considering money can never bring back the dead.
A wrongful death case is a civil claim. This means that it is brought to court by the deceased’s estate, not by the government. Liability in a wrongful death claim is expressed solely in terms of money damages. Although a criminal case related to the death might also be filed in court, it addresses different concerns, and it typically does not result in damages being paid to the estate or the surviving family members.
How Do You Prove Wrongful Death to Even Claim a Financial Gain
“Wrongful Death Injury” is a type of claim, that can be brought when one person or entity wrongfully causes someone’s death. It allows a lawsuit to be filed even though the one who was harmed is no longer alive and no longer to be able to bring the case. Each state has its own wrongful death injury statute.
In some states, the family of the deceased must bring two different types of claims: a “wrongful death” claim to recover the “full value of the life” of the deceased, and a survival claim on behalf of the decedent’s estate to recover for funeral expenses, pain and suffering, or punitive damages.
The standard of proof in the United States is a preponderance of the evidence as opposed to “clear and convincing” or “beyond a reasonable doubt”.
A wrongful death lawsuit filed in the state of Florida must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be “tolled,” or postponed, under a few very specific circumstances. A Wrongful Death injury lawyer with experience handling Florida wrongful death cases can help you determine exactly when the statute of limitations expires in a certain case.
It’s critical to understand and follow the deadline set by the statute of limitations, otherwise, you could lose your right to bring your wrongful death lawsuit to court.
Should You Seek Financial Gain
The death of a family member can be extremely disruptive to one’s life. Imagine being a child, incapable of supporting yourself, and then lose one or both of your parents. The mental and emotional impact alone is horrifying and can destroy a person’s life. Now factor in the economic losses.
What about that financial support typically provided by that parent? How will you make sure you have food to eat, a place to live, a bed to sleep in, clean clothes to wear, transportation and education? The list of what a parent typically provides to a child is exhaustive and can never be fully complete.
How is a grieving individual who has lost the love, support, and services of a family member ever going to be made whole again? The answer is that the person will probably never be made whole because we can never bring back the deceased. Because we can’t bring people back from the dead, the only way to attempt to compensate a survivor for their loss is by asking a jury to award them money.
Much of the time, the idea of giving survivors money to compensate for the loss of a loved one doesn’t resonate well with the public. People tend to ask, what good is money going to do? Money can’t bring back the dead.
Are People Right That Money Doesn’t Help
These people are right about one thing and one thing only; money can’t bring back the dead. They are, however, missing the point. The money is obviously not meant to bring back the dead. The money is meant to provide not only for what the deceased used to provide to the survivor but also to help provide the survivor with the services they may need in order to help them deal with the hell they have been relegated to as the result of losing their family member.
When a person or company is negligent and takes a person’s life (wrongful death) as a result of the negligence, they don’t only take the life of the deceased but they also take a significant portion of the survivor’s life too. Every ounce of support and joy the survivor used to receive from their loved one has been taken from them. So while money can’t bring back the dead, it can be used to provide food, shelter, clothing, transportation, education and financial security. Clearly, the list of necessities doesn’t stop there. These are just the basics. Money can help to compensate for every conceivable loss though no amount of money will ever bring back a deceased loved one.
Wrongful Death Destroys Lives
The Wrongful Death of a loved one can easily destroy the life of a survivor. No amount of money will ever bring back the deceased. The job of a plaintiff’s Wrongful Death lawyer is to help provide for losses sustained, to help ensure that the survivor’s future is funded and to try and provide the survivor with some semblance of a normal life.
Showing a jury what is necessary to provide for a survivor and then asking that Jury for the money necessary to fund the future of the survivor is a tough job but it is the exact job of a plaintiff’s Wrongful Death personal injury attorney. If you or a loved one has lost a loved one, contact attorney Andrew Inserra at The Inserra Law Firm right away.
We at The Inserra Law Firm want to remind you that if you need a quality attorney to represent you or a loved one in a similar situation, then please look to set up a FREE consultation at the law office in Hollywood. Don’t forget that Attorney Inserra specializes in: auto accidents, Uber & Lyft accidents, motorcycle accidents, truck accidents, bicycle accidents, boat accidents, slip & falls, pedestrian accidents, wrongful death, burn injuries & head & traumatic brain injuries.