When a person dies due to the fault of another party, the survivors who have suffered damages from the decedent’s sudden death may be able to recover compensation for their losses. Losing a loved one causes excruciating mental anguish. When it is a loss of a spouse, there’s also the loss of future earning capacity and the loss of companionship. That’s why you deserve a St. Petersburg wrongful death attorney who will fight for you.
Types of St. Petersburg Wrongful Death Cases
A wrongful death attorney has experience in representing survivors who have lost a loved one in any of some of the most common types of wrongful death injuries, including:
- Medical malpractice
- Car crashes
- Workplace accidents
- Defective product and product liability cases
- Truck accidents
- Pedestrian accidents
The liable party for wrongful death in St. Petersburg could be any number of persons, companies, or agencies. For example, if the at-fault driver was an employee of a company and was driving for them at the time of the accident, then the employer would be held liable. But if it is found that the driver of that truck, for example, was intoxicated, then they would be personally liable for your damages.
The manufacturer or distributor of a faulty or dangerous part or vehicle, a government agency that failed to provide adequate warnings to consumers about a safety concern, or even the person who sold alcohol to an impaired driver at a business establishment that sells alcohol are all potentially liable parties.
Your Rights after a Wrongful Death
The individuals who have suffered damages from the decedent’s death are those who can file a wrongful death claim. Each state sets its own laws regarding who the representative of the decedent may be. These include:
- Immediate family members
- Life or domestic partners, putative spouses, and anyone who is financially dependent on the decedent. Note that according to Florida law you must be legally married to the decedent when they were killed in order to file your claim.
- Distant family members such as brothers, sisters, and grandparents, especially if they were helping to raise the decedent’s child(ren).
How can an attorney help?
A wrongful death lawyer can help you claim compensation for the loss of a loved one due to the negligence or fault of someone else. The attorney deals with the wrongful parties as well as the insurance company on your behalf. Wrongful death cases are civil cases, not criminal cases, which means that a lawyer does not need to prove beyond a reasonable doubt that the defendant is guilty, but that there is sufficient evidence to prove negligence, breach of duty, causation, and, of course, damages. Your case will involve mediation and negotiations, which is why you need not only an aggressive wrongful death lawyer but one with years of experience in successfully fighting for their clients. Call Lewis & Castagliola, P.A. today to schedule your free case evaluation.