Whenever one party harms another party through negligence or illegal action, the injured party has the right to seek compensation for their losses with a personal injury claim. However, if the victim does not live, the personal injury becomes a wrongful death, and this will lead to a different type of civil claim.
Florida upholds strict rules for wrongful death suits, but success with a wrongful death claim can potentially yield various forms of compensation for the victim’s family. If you believe you have grounds to file a wrongful death suit against another party, it is crucial that you consult with a Baldwin wrongful death attorney as quickly as possible.
Spohrer Dodd Trial Attorneys can provide the direction you need when you believe you have grounds for a wrongful death claim in the Baldwin area. Throughout the years of our firm’s operation, we have assisted many clients with all types of civil cases, including those filed for wrongful death. Whatever your situation entails, you can trust our firm to guide you through all the proceedings necessary to ensure accountability and compensation for your loved one’s death.
The objective of a wrongful death suit is to hold a defendant accountable for a death caused by their negligence or intentional misconduct. However, Florida law restricts the ability to file a wrongful death claim to the personal representative of the deceased’s estate. If they died without an estate plan and/or without naming a personal representative, the court will appoint one to handle the wrongful death claim.
Your Baldwin wrongful death attorney can be an invaluable asset when it comes to building your case. You will need to produce evidence that clearly proves fault for the death before you can recover any compensation. It’s possible for a wrongful death to occur from a motor vehicle accident, medical malpractice, or various other forms of negligence. It is also possible for illegal misconduct to have fatal results, and defendants in these cases face criminal prosecution along with their civil liability for wrongful death.
After proving the cause of the wrongful death, your Baldwin wrongful death attorney can help you claim compensation for all the associated damages linked to the death. A successful wrongful death suit can yield various forms of compensation, from repayment of funeral and burial expenses and damages sustained by the deceased’s estate to compensation for lost financial support to the surviving family and their pain and suffering.
Spohrer Dodd Trial Attorneys approaches every wrongful death case we accept with the goal of maximizing each client’s case award as much as the law allows. When you choose our firm to represent you, we will immediately get to work gathering the evidence and witness testimony you will need to firmly assert fault for the death. We have the experience to identify all the available channels of compensation in your case, maximizing your final case award as much as Florida law allows. The sooner you connect with our team, the sooner we can start guiding you and your family to the results you hope to see in your wrongful death suit.
A: The total value of any wrongful death claim filed in Northeast Florida will vary based on multiple variables. It’s possible for the plaintiff to recover multiple forms of economic damages, compensation for losses suffered by the estate of the deceased, and compensation for the pain and suffering of the victim’s family. Other forms of compensation may factor into the final outcome of the case depending on how the death occurred, such as punitive damages if the defendant broke a state law in causing the death.
A: Under Florida law, the proceeds from a successful wrongful death claim do not qualify as income, and as such, they are not subject to taxation. The only exception would be punitive damages, as these are not awarded to compensate for a loss but rather to punish a defendant. If your case yields punitive damages, this is the only element of the case award subject to taxation.
A: Anyone who intends to file a wrongful death suit must do so within the statute of limitations. This is two years from the date of death, and failure to file a claim within this time limit could mean losing the right to claim compensation from the defendant who caused the death. Do not assume that two years is more than sufficient time. Seeking legal counsel as quickly as possible will significantly improve your chances of success with the case.
A: Even if fault for your loved one’s untimely death seems perfectly clear, you should not assume that your case will be easy to win or that you can win it on your own. You could make mistakes in the filing of your case that delay proceedings, or you could overlook valuable avenues of compensation you did not know you could claim. The right attorney can significantly improve the results of your case and increase your likelihood of winning.
A: The majority of personal injury and wrongful death attorneys representing clients operate on a contingency basis. Instead of charging clients upfront or ongoing legal fees, these attorneys will take percentages of the case awards they secure for their clients. However, they only take these fees if they win, meaning the client does not owe any legal fees if their attorney is unsuccessful with their case for any reason.
Spohrer Dodd Trial Attorneys has successfully represented many clients throughout Northeast Florida in all types of civil cases, including complex wrongful death suits. We take time to learn each client’s unique needs and concerns to provide the most client-focused legal counsel we possibly can. Time is a crucial consideration for anyone thinking of filing a wrongful death suit in the Baldwin area, and the sooner you connect with an attorney, the more likely you are to succeed with your case. Contact Spohrer Dodd Trial Attorneys today to schedule your free consultation with a Baldwin wrongful death attorney.