Most people only assume a personal injury lawyer Winter Haven is only useful if they’ve been bitten by a dog or were hurt in a slip and fall accident. In reality, a personal injury lawyer is exactly the person you need standing beside you when you believe someone you love was the victim of a wrongful death.
Examples of Wrongful Death
Legally speaking, a wrongful death happens when the victim dies as the direct result of someone else’s actions. Examples of a wrongful deaths include:
- Killed by a drunk driver
- Product malfunction
- Pranks that resulted in death
- Slip and falls
- Work place accident
- Medical malpractice
- Reaction to toxic environment
Who Can File a Wrongful Death Lawsuit
Because the victim is not able to seek legal justice, it falls to their next of kin to resolve the matter for them. The best friend of someone who died as the result of workplace accident can’t file a wrongful death on their behalf, but the victim’s spouse, parents, or children will be able to. Visiting a personal injury lawyer in Winter Haven is the best way to determine whether you, or some other family member should act as the plaintiff in the case. The general rule of thumb is that the legal system favors the person or people who were financially dependent on the deceased.
The Logic Behind Wrongful Death Lawsuits
There are two main reasons the court system made it possible for wrongful death lawsuits to be filed. The first is to ensure that the victim’s family’s financial situation remains secure, that they’re able to pay outstanding medical bills and continue to live despite the loss of the victim’s wages. The second reason for wrongful deaths is to decrease the odds of something similar happening to someone else. The court hopes that knowing they’ll be ordered to pay a large wrongful death settlement discourages reckless or thoughtless behavior.
What a Personal Injury Lawyer in Winter Haven Does in a Wrongful Death Case
The sole focus of a personal injury lawyer who’s working a wrongful death case receiving compensation for their clients. Although each case is unique, in most situations the attorney will look for a settlement that covers any medical bills connected to the injury that led to the death, lost wages, and emotional suffering.
Once the attorney has determined a fair settlement, they file the proper paperwork with the court and begin negotiating with the defendant’s insurance company. A majority of wrongful death cases are resolved during negotiations, but in the rare event that yours goes to trial, your personal injury lawyer will handle all the prep work and put together a strong case that will have the jury ruling in favor of the plaintiff.
The sooner you seek the assistance of a top quality personal injury lawyer in Winter Haven for help with a wrongful death case, the better. Not only does the early assistance ensure that the case is still fresh in the mind of witnesses, but also guarantees that you won’t run afoul of the statute of limitations.