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Q&A: Tackling Your Questions about Wrongful Death Suits


Q&A: Tackling Your Questions about Wrongful Death Suits

At Sessums Law Group, we are accustomed to questions from our clients (or potential clients) about various types of lawsuits and cases, and how we plan on helping them through the process. Legal terminology, laws that vary by state, and the details that make each case unique can make for difficult waters if you are the victim, or the family of a victim, and the entire legal process can be emotional, stressful, and draining…if you don’t have a supportive legal team. That’s why we strive to offer compassionate support for grieving families not just inside the courtroom or around a meeting table, but from the first moment of your case until the book is shut and everything is finished.

Perhaps the types of case we get the most questions about though are wrongful death lawsuits. Just a few we hear often are:

“Do I have the grounds for a wrongful death suit?”

“If my loved one is dead, then who benefits from a wrongful death claim?”

“What kind of compensation am I eligible for? They can’t bring back my loved one.”

We understand that this type of lawsuit can be confusing, especially since the circumstances necessitating a wrongful death suit are difficult for family and friends alike. We’d like to answer these common questions for you with a brief explanation of what a wrongful death suit is (in the most general sense), who benefits from it, and what type of compensation can potentially be acquired.

A wrongful death suit is essentially a lawsuit resulting from the death of someone due to the negligence, recklessness, or intentionally harmful act of another individual. In this type of case, we seek to hold all guilty parties accountable for their actions, and in doing so, hope to offer some closure to the family and friends of the victim(s). Wrongful death claims, in most cases, benefit the immediate family members of the deceased. Parents, a spouse, children, etc. are the typical beneficiaries depending on the victim’s circumstances, marital status, and so forth. In some cases, a friend or more distant family member could potentially file a wrongful death suit, based on the details of the case and the circumstances surrounding the tragedy. Keep in mind though that a wrongful death case must be filed no more than 2 years following the victim’s date of death (not date of accident or date of injuries sustained). Note: if a criminal case resulted from the death in question, a wrongful death suit would need to be filed 2 years from the date that the criminal case closes.

When it comes to compensation and wrongful death cases in Florida, payout is “labeled” a little differently than in other types of lawsuits. After all, the victim will not be getting compensation for his/her injuries and suffering, but rather, the family/friends of the victim will be compensation for the loss of their loved one and all that goes along with that. Survivors can recover lost support and services previously provided by their loved one from the date of the decedent’s injury to his or her death, with interest, and future loss of support and services from the date of death, reduced to present value. This portion of a case varies widely from case to case, and must be discussed with your lawyer individually.

One of the most common types of wrongful death suits handled in the Bay Area by Sessums Law Group are those resulting from automobile accidents. These tragedies can be difficult to navigate as proving liability can be tricky and requires an extensive amount of skill and knowledge of the system. Our legal team has a long record of success with these types of cases and we are passionate about providing the very best results for the families who call on us for help. Are you grieving the loss of a loved one and believe you have the grounds for a wrongful death suit against the persona at fault? We are ready and waiting to help you walk through this journey because WE STAND FOR YOU.

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