On some level, every death of a loved one is a wrongful death. Whether you expect it because of an extended illness or it is a sudden occurrence, it just feels wrong, and there will always be a struggle to make sense of it all. Those feelings are compounded when a negligent act caused the death. That just raises the anger and the immense sense of loss. For the surviving family, there needs to be a place where they can put that anger, and that can be in a wrongful death claim.

When someone drives intoxicated or recklessly speeds through red lights, they’re clearly acting irresponsibly, and there needs to be consequences. When those actions cause a death, the Titan Law firm can step in. We’re the exact kind of Sarasota wrongful death lawyer who can represent the surviving family members to help them find compensation for this loss. That is not a replacement but a way to bring a certain amount of closure.

Although it might seem clear who caused the wrongful death, there will still be resistance on the part of their insurance company to pay out any claim. The reason for that is simple: The insurance company never wants to pay. We can change that, but it will require the full force of our legal and investigative teams. We’re happy to deploy those teams in pursuit of accountability.

Applying the Wrongful Death Statute

The foundation of any wrongful death claim is the Florida statute that proclaims the following:

“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”

That is legal speak that translates to “If you cause the death of someone because of your negligent driving, you need to pay.”

In order to establish a death as wrongful, your Sarasota wrongful death lawyer needs to establish that the at-fault driver failed to operate their vehicle in a responsible manner and that those actions caused a death. To establish those facts, we will gather all the relevant evidence, including police crash reports, surveillance videos, and witness testimonies, to support the claim.

The other aspect of the wrongful death statute that has to be applied is who is eligible to file the claim. The list of priorities for claimants is as follows:

  • A spouse
  • Children
  • Parents of the decedent
  • Certain extended family members
  • Siblings

It is important to note that only one person can file a wrongful death claim in Florida. That would typically be the representative of the deceased person’s estate. That is not necessarily the executor. Even though there is just one person who is the claimant, that person can designate some of the settlement to other family members. For instance, a spouse will provide for their children and grandparents.

Speak With a Sarasota Wrongful Death Lawyer

Damages You and Your Sarasota Wrongful Death Lawyer Can Claim

You will work closely with your Sarasota wrongful death attorney to come up with an amount that you think is fair and reasonable. There are a lot of circumstances that go into determining a settlement amount. That begins with the nature of the accident. If there were medical expenses that came in before the death, those should be compensated for.

You will also calculate the lost income. This will include the future earnings of your lost loved one based on their age, job history, and current salary. You also have to factor in the loss of household services such as childcare. You need to be reimbursed if you now have to pay for those services.

There will also be the issue of the estate’s loss of accumulation value. This relates to things like established pension plans and investments that would have grown in value if your loved one had not died.

In addition to your economic losses, there are also emotional losses. You can go through emotional trauma as well. For the spouse, there is the loss of companionship to consider. For the children, there is the loss of parental guidance. All of those items will have a value that will be based on the family dynamics. To establish that, you’ll need to share with your attorney the impact of your loss.

How Titan Law Can Help With Your Claim

The attorneys at Titan Law bring decades of combined negotiating and courtroom experience to every case. We understand how sensitive a wrongful death is going to be for your family and want to provide all the emotional support you need to get through the process. We’ll take the lead on all the discussions with the insurance companies and keep you informed along every step of the way.

Once we understand the nature of the accident, we will shield you from going over what happened and instead support your recovery by taking the claim process burdens off your shoulders. If there is resistance from the insurance agency, our recommendation might be to file a civil complaint. This could be the only option to get what you are due.

Thankfully, we know our way around a courtroom. We know how to present the right evidence and frame the story that will leave no doubt in the mind of the jury about who was at fault and what you deserve.

Compassionate and Tireless Legal Representation

Hiring an attorney for this type of claim is a major decision that you’ll want to discuss with your family. It will help if you understand all your options and what challenges you might face along the way. We can provide you with those answers at a free case strategy session. If we agree to work together, we won’t stop until we’ve exhausted all the paths to get you the maximum settlement. The best way to honor your loved one is to make sure the family will be well taken care of. Call to schedule your session today.

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Michael Camadeco