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HOW THE PERAZZO LAW FIRM WRONGFUL DEATH ATTORNEYS WILL HELP YOU
At the Perazzo Law Firm, we find great relief and satisfaction when individuals injured in accidents can recover and resume their lives as normal. Sadly, in cases of severe injury leading to death, even prompt emergency or prolonged medical care may not be enough. However, under State law, there exists a legal avenue for recovering compensation (damages) for those who have lost loved ones due to wrongful death in Maitland. Our team of personal injury attorneys at the Perazzo Law Firm is dedicated to ensuring complete client satisfaction. We treat each client with the utmost care, akin to family, recognizing the profound pain of losing a loved one due to someone else’s negligence.
Get started with your free case evaluation today; call us at (888) PERAZZO or reach us online using our secure contact form.
WHAT IS WRONGFUL DEATH?
Wrongful death refers to a legal concept where a person’s death is caused by the negligence, recklessness, or intentional actions of another party. This can occur in various situations such as car accidents, medical malpractice, workplace accidents, defective products, or criminal acts. When someone dies as a result of such actions, their surviving family members or beneficiaries may have the right to file a wrongful death lawsuit seeking compensation for the losses they have suffered, which can include financial support, companionship, guidance, and more. Wrongful death laws vary by jurisdiction, but they generally aim to provide some form of justice and compensation to the deceased person’s loved ones for the harm they have endured due to the wrongful actions of another party.
TYPES OF WRONGFUL DEATH CASES THAT THE PERAZZO LAW FIRM HANDLES
The Perazzo Law Firm handles a variety of wrongful death cases, including but not limited to:
- Car Accidents: Cases where a person dies as a result of negligent or reckless driving, such as drunk driving accidents, distracted driving accidents, or speeding collisions.
- Medical Malpractice: Instances where a patient dies due to medical errors, misdiagnosis, surgical mistakes, or other forms of negligence by healthcare professionals or facilities.
- Workplace Accidents: Situations where an employee dies as a result of unsafe working conditions, inadequate training, equipment failure, or employer negligence.
- Product Liability: Cases involving defective products that cause fatal injuries, such as faulty machinery, dangerous pharmaceuticals, or defective automotive parts.
- Premises Liability: Incidents where someone dies on someone else’s property due to hazardous conditions, inadequate security, or negligent maintenance.
- Nursing Home Abuse/Neglect: Instances where a resident of a nursing home or assisted living facility dies due to abuse, neglect, or inadequate care provided by staff.
These are just some examples of the types of wrongful death cases that The Perazzo Law Firm handles. They are dedicated to advocating for the rights of surviving family members and seeking justice on behalf of those who have lost loved ones due to the negligence or wrongful actions of others.
DIFFERENT WAYS TO PROVE A DEATH WAS WRONGFUL
The attorneys at The Perazzo Law Firm employ various methods to prove that a death was wrongful. Here are some key strategies:
- Investigation of Circumstances: Attorneys conduct a comprehensive investigation into the circumstances surrounding the death. This may involve gathering evidence from accident scenes, medical records, witness statements, and any available documentation to determine the cause of death and identify potential sources of liability.
- Expert Testimony: They may enlist the support of expert witnesses such as accident reconstruction specialists, medical professionals, forensic experts, or engineers to analyze the evidence and provide testimony regarding the cause of death and any contributing factors.
- Review of Applicable Laws: Attorneys meticulously analyze relevant laws and statutes to determine if any legal violations occurred that contributed to the death. This could include traffic laws, building codes, workplace safety regulations, or medical standards of care, among others.
- Establishment of Duty of Care: Attorneys demonstrate that the party or parties responsible for the death owed a duty of care to the deceased person. This involves showing that the responsible party had a legal obligation to act in a certain manner to prevent harm to others.
- Breach of Duty: They prove that the responsible party breached the duty of care through negligent or wrongful actions. This may include demonstrating instances of reckless behavior, failure to adhere to safety protocols, medical malpractice, or other forms of negligence.
- Causation: Attorneys establish a causal connection between the actions of the responsible party and the death of the victim. This requires demonstrating that the negligent or wrongful conduct directly contributed to or caused the fatal outcome.
- Proximate Cause: They show that the actions of the responsible party were the proximate cause of the death, meaning that the death was a foreseeable consequence of their negligent or wrongful conduct.
- Documentation of Damages: Attorneys compile evidence to quantify the damages suffered by the surviving family members as a result of the wrongful death. This may include economic losses such as medical expenses, funeral costs, and lost income, as well as non-economic damages such as pain and suffering, loss of companionship, and emotional distress.
By employing these methods and strategies, the attorneys at The Perazzo Law Firm work to prove that a death was wrongful and advocate for the rights of the surviving family members to obtain compensation for their losses.
WHO MAY FILE A WRONGFUL DEATH CASE IN MAITLAND?
In Maitland, the right to file a wrongful death lawsuit is governed by statute (Florida Statutes § 768.16-768.26). According to Florida law, the following individuals or entities may typically file a wrongful death lawsuit:
- Personal Representative of the Estate: The personal representative of the deceased person’s estate is usually the individual appointed by the court to manage the decedent’s affairs. This person acts on behalf of the estate and the surviving family members to bring the wrongful death claim.
- Surviving Spouse: The surviving spouse of the deceased person has the right to bring a wrongful death lawsuit.
- Children: If the deceased person had surviving minor children, they may have the right to file a wrongful death claim.
- Parents: If the deceased person was a minor child, the parents may have the right to file a wrongful death claim. Additionally, if the deceased person was an adult and there are no surviving spouse or children, the parents may have the right to file a claim.
- Other Dependent Relatives: In certain circumstances, other dependent relatives such as siblings or other blood relatives who were dependent on the deceased person for support or services may be entitled to bring a wrongful death lawsuit.
WHEN CAN A FAMILY MEMBER FILE A WRONGFUL DEATH CLAIM?
The Perazzo Law Firm typically assists family members in filing a wrongful death claim when the death of their loved one is the result of negligence, recklessness, or intentional wrongdoing by another party. Family members may consider reaching out to The Perazzo Law Firm to file a wrongful death claim in the following situations:
- Car Accidents: If a family member dies in a car accident caused by another driver’s negligence, such as speeding, drunk driving, or distracted driving.
- Medical Malpractice: If the death occurred due to medical errors, misdiagnosis, surgical mistakes, or other forms of negligence by healthcare professionals or facilities.
- Workplace Accidents: If the death resulted from unsafe working conditions, inadequate training, equipment failure, or employer negligence.
- Product Liability: If the death was caused by a defective product, such as a faulty machinery, dangerous pharmaceuticals, or defective automotive parts.
- Premises Liability: If the death occurred on someone else’s property due to hazardous conditions, inadequate security, or negligent maintenance.
- Nursing Home Abuse/Neglect: If the death resulted from abuse, neglect, or inadequate care provided by staff at a nursing home or assisted living facility.
- Criminal Acts: If the death occurred as a result of criminal actions, such as assault, homicide, or manslaughter.
WHAT DAMAGES CAN FAMILY MEMBERS RECOVER FOR WRONGFUL DEATH?
In a wrongful death lawsuit, family members may be able to recover various types of damages, depending on the circumstances of the case and applicable state laws. Some common types of damages that family members may seek to recover in a wrongful death claim include:
- Economic Damages:
- Medical expenses incurred prior to the victim’s death
- Funeral and burial expenses
- Loss of financial support: This includes the income, benefits, and financial contributions that the deceased person would have provided to the family members had they survived.
- Loss of services: This includes the value of household services, childcare, and other contributions that the deceased person would have provided to the family.
- Non-Economic Damages:
- Pain and suffering: Compensation for the physical pain, mental anguish, and emotional distress experienced by the deceased person prior to death.
- Loss of companionship: This compensates family members for the loss of the deceased person’s companionship, guidance, and emotional support.
- Loss of consortium: This refers to the loss of the deceased person’s spousal companionship, intimacy, and support.
- Punitive Damages:
- In cases involving extreme recklessness, intentional misconduct, or egregious negligence, punitive damages may be awarded to punish the defendant and deter similar behavior in the future. However, punitive damages are not available in all wrongful death cases and are typically awarded only in cases involving particularly egregious conduct.
TIMING A WRONGFUL DEATH LAWSUIT IS COMPLICATED
Timing a wrongful death lawsuit can be complicated due to various factors:
- Statute of Limitations: Every state has a statute of limitations, which is the legal time limit within which a lawsuit must be filed after the occurrence of the wrongful death. If the lawsuit is not filed within this time frame, the right to sue may be forfeited. Determining the applicable statute of limitations and ensuring the lawsuit is filed within the prescribed time period is crucial.
- Investigation Period: Before filing a wrongful death lawsuit, thorough investigation is necessary to gather evidence, interview witnesses, and assess liability. This investigation period can take time, especially in cases where evidence is complex or difficult to obtain.
- Grieving Period: Surviving family members need time to grieve the loss of their loved one. Pursuing legal action immediately after the death may not be feasible or emotionally possible. It’s important to allow grieving family members sufficient time to process their loss before initiating legal proceedings.
- Discovery Process: Once a lawsuit is filed, the discovery process begins, during which both parties exchange information and evidence relevant to the case. Discovery can be a lengthy process, particularly in complex cases with multiple parties and extensive documentation.
- Court Scheduling: Court schedules can vary, and obtaining a trial date may take time depending on the court’s calendar and backlog of cases. Delays in court scheduling can prolong the duration of the lawsuit.
- Negotiation and Settlement Attempts: Before going to trial, parties may attempt to negotiate a settlement to resolve the case out of court. Negotiations can take time as parties may need to exchange settlement offers and engage in back-and-forth discussions to reach an agreement.
- Appeals Process: If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision. The appeals process can extend the duration of the lawsuit and add further complexity to the timing of resolution.
VALUING A LOVED ONE’S DEATH REQUIRES EXPERIENCE
Valuing a loved one’s death in a wrongful death case requires the experience and expertise of a law firm like Perazzo Law Firm for several reasons:
- Understanding of Legal Principles: The Perazzo Law Firm has a deep understanding of the legal principles governing wrongful death cases. They are familiar with the applicable laws, statutes of limitations, and precedents that influence the valuation of damages in such cases.
- Assessment of Economic Losses: Perazzo Law Firm has the expertise to accurately assess the economic losses suffered by the surviving family members. This includes calculating the financial support, benefits, and contributions the deceased person would have provided to their family over their expected lifetime.
- Evaluation of Non-Economic Damages: Non-economic damages such as pain and suffering, loss of companionship, and emotional distress are more challenging to quantify. Perazzo Law Firm has experience in evaluating these intangible losses and advocating for fair compensation on behalf of their clients.
- Consideration of Future Impacts: Valuing a wrongful death claim requires considering the future impacts of the loss on the surviving family members. Perazzo Law Firm understands how to account for future financial needs, emotional support, and other long-term consequences of the death.
- Negotiation Skills: Perazzo Law Firm’s attorneys are skilled negotiators who can effectively advocate for their clients during settlement negotiations. They know how to leverage the strengths of their case to achieve a favorable outcome without the need for a trial when possible.
- Litigation Experience: In cases where a fair settlement cannot be reached, Perazzo Law Firm has the litigation experience to take the case to trial. They are prepared to present a compelling case before a judge and jury to seek maximum compensation for their clients.
- Compassionate Approach: Dealing with the loss of a loved one is emotionally challenging. Perazzo Law Firm understands the sensitive nature of wrongful death cases and provides compassionate support to their clients throughout the legal process.
In summary, valuing a loved one’s death in a wrongful death case requires not only legal expertise but also compassion, empathy, and a thorough understanding of the unique circumstances involved. Perazzo Law Firm possesses these qualities and is dedicated to helping their clients obtain the compensation they deserve for their loss.
SCHEDULE A FREE EVALUATION WITH OUR MAITLAND WRONGFUL DEATH ATTORNEY TODAY
If you or a loved one has been injured in a car accident, seeking legal assistance is crucial. Jonathan Perazzo is dedicated to helping victims navigate the complexities of their cases and secure the compensation they deserve. His client-focused approach means he will work tirelessly on your behalf, addressing your specific needs and fighting for your rights every step of the way. Trust in his expertise to guide you through this challenging time and advocate for your rightful recovery.
Get started with your free case evaluation today; call us at (888) PERAZZO or reach us online using our secure contact form.
