Paul A. Shapiro
I became a personal injury attorney because I wanted to help people. What we do here is really about you – it's about your injuries… your rights… and it's about fairness and justice for you. After 25 years in practice in Tallahassee, I'm proud to have provided counsel, and helped so many people get what they really deserve. At Shapiro Law Firm, we will always keep the personal in personal injury law.
— Paul A. Shapiro, Personal Injury Lawyer" Read Full Bio
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Coping with the death of a loved one is a devastating process, and nothing can offset the pain of the loss. When a loved one has died because of someone else's wrongful actions, though, it may be appropriate for survivors to seek justice through a wrongful death claim.
A wrongful death claim is a suit that arises when a person dies as a result of the negligent or reckless conduct of another. A wrongful death claim allows the people surviving the victim to seek compensation for wages lost, benefits lost, funeral expenses, and pain and suffering. Wrongful death claims can be critical in helping survivors provide for their financial futures.
A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit; rather, it is the family members or the decedent's estate.
The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. § 768.20.
Who Can File a Wrongful Death Claim?
Usually, immediate family like spouses and children file for wrongful death, as they are most affected by the loss of a family member and the financial support he or she provided. Parents often make these claims as well. In some cases, people in the extended family may also make a claim if they were economically impacted by the death. An attorney from Shapiro Law Firm, P.A. can help you determine who is entitled to file a claim for wrongful death.
The decedent's family can pursue compensation for some or all of the following:
- Loss of emotional support
- Loss of wages
- Medical bills
- Funeral expenses
Who Can Receive Compensation?
The personal representative does not need to have a connection with the events that caused the decedent's death. The decedent's negligence, however, will be imputed to the plaintiff, reducing or barring the plaintiff's recovery on behalf of the estate to the extent that the decedent's negligence was a proximate cause of his or her own death. Perdue v. Copeland, 220 So. 2d 617 (Fla. 1969).
If a survivor is found to be negligent, the non-negligent survivor's recovery cannot be reduced due to another survivor's negligence. Frazier v. Metropolitan Dade County, 701 So.2d 418, 420 (Fla. 3d DCA 1997).
We can help families who have been affected by a loved one's death caused by various circumstances, including:
Let Us Help You
If a loved one has died due to the negligence or recklessness of another, you may be entitled to compensation. You don't have to go through this alone!
Wrongful Death Compensation
The person who receives wrongful death compensation varies from other types of personal injury cases in that the actual injured victim is not receiving the money. Instead, the family members or a representative of the decedent’s estate usually file the wrongful death claim and receive any compensation that is awarded. Below is some useful information about getting compensation in wrongful death cases from the experienced Tallahassee wrongful death attorney at Shapiro Law Firm, P.A.
Working with an Attorney
For most families, suffering from the death of a loved one can be an extremely difficult time. They need to grieve personally in order to begin to move on. This is difficult to do when they are focusing on recovering the damages from the injuries their family member sustained. With the help of a qualified attorney, the family can focus on their grief while the attorney fights for the wrongful death compensation they deserve and the justice they need.
Obviously, there is no amount of money that will replace the loss of a family member. However, wrongful death compensation can satisfy the demands of justice and help family members reach financial security.
Compensation from a wrongful death suit may be used to defray any of the following costs:
- Lost income
- Medical expenses
- Funeral costs
- Ongoing bills
Variety of Wrongful Death Situations
Unfortunately, wrongful death can occur in a variety of personal injury accidents. It is common in car crashes, on-the-job injuries, medical malpractice, and many other situations.
If your family member was killed due to the wrongful actions of another person or business entity, make sure you contact a lawyer today so you can get the wrongful death compensation you deserve.
Wrongful death laws are different from one state to the next. In order to stand the best chance of prevailing on your claim, you must:
- Be an immediate family member of the deceased.
- Have an official death certificate as proof of your loved one’s death.
- Have suffered emotional and/or financial hardship as a result of the wrongful death.
To learn more about the wrongful death litigation process or to receive a FREE consultation with an experienced Tallahassee wrongful death attorney from Shapiro Law Firm, P.A., call (850) 629-7226now.
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