Losing a loved one is a difficult and heartbreaking experience. When that loss happens due to someone else’s negligence or wrongdoing, it becomes even more painful. Families who face this type of tragedy may have legal options to seek justice. In Florida, wrongful death cases allow families to hold responsible parties accountable and to receive compensation for their losses. However, the legal process for a wrongful death case can be complex, and understanding the steps involved can help ease some of the uncertainty. Victory Law Firm P.A. provides compassionate guidance and skilled legal representation to families seeking justice in wrongful death cases.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Understanding Wrongful Death in Florida
Before diving into the steps of a wrongful death case, it’s important to understand what wrongful death means in Florida. A wrongful death occurs when someone dies due to the negligence, recklessness, or wrongful actions of another person or entity. In Florida, certain family members, such as the spouse, children, or parents, can file a wrongful death lawsuit. This type of case allows the family to seek compensation for the financial and emotional losses that come with losing a loved one.
Wrongful death claims may arise from various situations. Common causes include car accidents, medical malpractice, workplace accidents, or defective products. Any time someone’s actions result in the death of another, there may be grounds for a wrongful death case.
Hiring a Wrongful Death Attorney
The first step in pursuing a wrongful death claim is hiring a qualified attorney who can guide you through the legal process. Although it may seem possible to handle the case alone, the legal system is complex, and an attorney can help ensure that your rights are protected. Wrongful death cases require a deep understanding of the law, and an attorney will help determine if your case meets the legal requirements in Florida.
Once you hire a lawyer, they will begin reviewing the facts of your case. They will gather information and evidence to determine if the death was caused by negligence. Your lawyer will explain the legal steps that need to be followed, the deadlines involved, and what to expect throughout the process.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
Filing the Wrongful Death Lawsuit
After reviewing your case, your attorney will file a wrongful death lawsuit on behalf of the family. This legal document, known as a complaint, is submitted to the court and officially begins the lawsuit. The complaint will outline the details of the case, including the facts surrounding the death and the legal claims being made. It will also identify the parties who are being sued for causing the death.
Once the lawsuit is filed, the court will issue a summons. This document is served to the defendant, notifying them that they are being sued. The defendant, who may be a person or a company, is then required to respond to the complaint within a certain time frame.
Investigation and Discovery
After the lawsuit is filed, both sides will begin a process called discovery. During this phase, each side gathers information and evidence to support their case. This can include documents, witness statements, and testimony. Both sides will have the opportunity to ask the other party for information through written questions or requests for documents.
Discovery is an important part of the legal process because it allows both sides to understand the full details of the case. Your attorney will use this information to strengthen your claim and prepare for trial, if necessary. During discovery, there may also be depositions, where witnesses and involved parties give sworn statements about the case.
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Negotiation and Settlement Discussions
Many wrongful death cases are resolved before they ever reach trial. After gathering evidence through discovery, both sides may attempt to settle the case through negotiations. Settlement discussions allow both parties to agree on compensation without going to court. Your attorney will handle these discussions on your behalf, ensuring that any settlement offered is fair and meets the needs of your family.
If a settlement is reached, the case will be resolved, and the compensation will be distributed to the family. Settling a case can save time, money, and emotional energy, but it is important to make sure the settlement is adequate. If a fair settlement cannot be reached, the case will move forward to trial.
Preparing for Trial
If a settlement cannot be reached, your case will go to trial. Preparing for trial is a detailed and important step in the process. Your attorney will work closely with you to prepare the case, reviewing all the evidence gathered during discovery and planning how to present the facts to the court.
At trial, both sides will have the opportunity to present their case before a judge and jury. Your attorney will present the evidence, call witnesses, and argue that the defendant’s negligence caused the wrongful death. The defendant’s legal team will also present their side of the case, trying to prove that they were not at fault or that the death was caused by other factors.
Trials can be lengthy, and the outcome will be decided by a judge or jury. If your family wins the case, the court will award compensation based on the damages suffered, including medical bills, funeral expenses, lost income, and emotional suffering.
Serious Results
Receiving Compensation
If the court rules in your favor or a settlement is reached, your family will receive compensation for the losses related to the wrongful death. This compensation is intended to help cover both financial and emotional costs. While no amount of money can replace a lost loved one, receiving compensation can ease some of the financial burdens that come with such a tragic event.
The compensation can cover medical bills that were incurred before the death, funeral and burial expenses, and the loss of income that the deceased person would have provided. In addition to these financial losses, the family may also be compensated for the emotional pain and suffering caused by the wrongful death. Losing a loved one can have a profound impact on a family, and this compensation helps acknowledge that emotional toll.
The Appeals Process
In some cases, the losing party may choose to appeal the decision made by the court. An appeal is a request for a higher court to review the decision and determine if any legal mistakes were made during the trial. Appeals can delay the process, but your attorney will guide you through this additional step if necessary.
If the appeal is unsuccessful, the compensation awarded in the original case will be upheld. However, if the appeal is granted, the case may be sent back to trial or a new trial may be ordered. This can prolong the legal process, but with the support of your attorney, you will have guidance throughout this time.
The legal process for a wrongful death case in Florida can be overwhelming, especially during an already difficult time. From filing the lawsuit to gathering evidence and possibly going to trial, each step requires careful attention to detail and knowledge of the law. Having a trusted attorney by your side is crucial in navigating these steps and ensuring that your family receives the justice and compensation it deserves.
At Victory Law Firm P.A., we understand the emotional pain and financial stress that come with losing a loved one to wrongful death. Our team is dedicated to providing compassionate and effective legal representation to help families through these challenging times. If you are facing the loss of a loved one and believe it was caused by negligence, reach out to Victory Law Firm P.A. for guidance. Contact us today to discuss your case and learn how we can assist you during this difficult journey.