Wrongful Death
A wrongful death situation arises when a preventable
death occurred as a direct result of another’s actions
or failure to act. A wrongful death claim may be brought
against a doctor or other medical worker, hospital,
driver of a vehicle, or person whose violent action
resulted in death. Family members of the deceased may be
able to collect money damages; including pain and
suffering, lost income, mental anguish, medical bills,
burial expenses and other costs with the help of an
experienced wrongful death attorney. Under most
statutes, the immediate family members are allowed to
file suit.
The term "wrongful death" includes the claims of husbands, wives, children, parents, brothers, sisters and financially dependent children (whether or not formally adopted) when negligence, reckless or intentional misconduct has caused the death of a family member. Wrongful death claims include every type of accidental death, regardless of the specific cause.
Wrongful death cases arise from a variety of circumstances including car accidents, truck accidents, motorcycle accidents, medical malpractice, nursing home abuse, dangerous or defective products, prescription drugs, animal attacks, unsafe residential or commercial property, and workplace and job-related mishaps. Whatever the cause, the wrongful death lawyers of Chalik & Chalik Law Offices can help.
Negligence must be proven in wrongful death cases, and our attorneys are experienced in helping clients prove that the four critical components of negligence exist in their claim:
- The defendant had a duty to the deceased,
- The defendant failed in that duty (breach of duty),
- That the fatality was caused by the defendant’s breach of duty, and
- That the survivors are entitled to damages as a result of the loss of their loved one.
The state of Florida authorizes surviving family members to be compensated for both economic and non-economic losses, including loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Some states also allow surviving family members to be compensated for their personal grief and suffering.
In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased must also be shown. Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.
If you have lost a loved one due to another’s misconduct or carelessness, contact Chalik & Chalik. While you are combating grief, our wrongful death lawyers will be helping you fight for your loved one’s rights and prepare you for a life beyond your current grief. We can also protect your rights with insurance companies, whose first consideration is to decrease their liability in wrongful death claims. Our goal is to make sure that you are treated fairly. We have handled tens of thousands of injury claims, and we pledge to serve you and to provide the best possible representation with the utmost degree of professionalism. Your case will be handled as if it were our own.
The Florida wrongful death attorneys at Chalik & Chalik have years of experience investigating and uncovering wrongful death cases. If you believe a loved one’s death could have been prevented, it is important to act quickly to avoid the statute of limitations.
Don’t just take the first offer of settlement from the insurance company if it doesn’t fully compensate your family for your loss and protect you from future uncertainties. Protecting your rights is important to us. We have the experience, skill and dedication to successfully resolve your case.
If you suffered the loss of someone you love, you need Chalik & Chalik to investigate and prove your claim. Contact the wrongful death attorneys at Chalik & Chalik Law Offices for your complimentary legal consultation.
