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Wrongful Death Lawyer in Clearwater, FL
Losing a loved one is an extremely difficult struggle for anyone to face. But it’s even worse if your loved one died as a result of someone else’s inaction or action. In Clearwater, this situation means you might have a case for a wrongful death claim.
In Clearwater courts, it can be difficult to prove negligence in this type of case. The burden of proof is on the family members to prove how someone’s death was caused by another party. It has to be shown the at-fault party had a duty to provide the deceased with a safe environment. Furthermore, the victim’s family must quantify damages precisely. Quantifying damages involves estimating lost income and gathering medical bills. Ultimately, it places a price of the deceased’s life.
Understandably, this is an emotional and stressful process. With our extensive experience in Clearwater, the team at Dennis Hernandez & Associates can help you through this. Our Clearwater team will provide you with the resources to determine damages and get justice for your loved one.
GET A FREE, NO-OBLIGATION EVALUATION
There are no costs for an initial consultation and no hidden fees. If you’ve suffered a personal injury, don’t hesitate to contact us 24/7 to schedule your free case evaluation with an experienced Clearwater accident attorney. Please contact us at (941) 210 0000.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action. It states a person died due to another person’s negligence.
In Clearwater, the children, parents, spouse, or other dependents can file a claim on behalf of the deceased. They have this right in accordance with the Florida Wrongful Death Act. The statute of limitations in Clearwater states this claim must be filed within two years from the date of death.
When Do I Need a Wrongful Death Lawyer?
Business and corporations have ample resources and expensive lawyers in Clearwater. This makes for a tough opponent in the Clearwater court of law. This is why an experienced Clearwater attorney will be essential. They can help your family handle this difficult time.
Even if you do not want to pursue action in Clearwater court, our team can still help. We’ll assist you in reaching a settlement with the negligent party outside of court.
How Much Does It Cost?
Potential damages and costs vary based on the situation and the relation between the deceased and claimant.
A settlement can often avoid bringing a painful situation to Clearwater court. Insurance companies can pay out wrongful death settlements on behalf of a defendant.
In Clearwater courts, there are various expenses addressed for wrongful death damages. These vary depending on specific relationships between surviving family members and the deceased. Generally, these damages include:
- Mental pain and suffering
- Funeral/burial costs
- Loss of the deceased’s income
- Value of services provided by the deceased
- Medical costs accrued prior to death
- Loss of companionship, guidance, love, etc.
Dennis Hernandez & Associates provides free consultations for Clearwater families. Give us a call to determine if a wrongful death lawsuit is the best route.
Common Types of Wrongful Death Cases
These types of cases result due to the negligence of a corporation or individual. The entities had a duty to protect the deceased. In Clearwater, common situations that may result in death include:
- Defective products
- Medical malpractice
- Car or truck accidents
- Workplace accidents
How Do I Choose a Wrongful Death Lawyer?
When seeking a wrongful death attorney, it is essential to consider legal credentials. You also want to factor in a firm’s history of success for handling claims in Clearwater. It is also important to choose a firm that will handle your case with compassion.
Dennis Hernandez & Associates possesses the legal experience in Clearwater with wrongful death law. Our team members are compassionate and respectful as you heal from the loss of a loved one.
Consult an Experienced Wrongful Death Attorney
We understand the loss of a loved one is traumatic. This is why our wrongful death lawyers in Clearwater seek to provide your family with support during a tough time. Our Clearwater team strives to give your case the attention and time it deserves.
If you are seeking a wrongful death attorney, contact our Clearwater office at (855) 529 3366. We can schedule a no-obligation, free consultation.
After calling law enforcement and ensuring that all parties involved in an accident are medically attended to, the next steps are critical to a successful personal injury case. For vehicular accidents, we recommend following these steps:
Document the scene:
- Take as many photos as possible as soon as possible. If you don’t have a camera or smartphone handy, ask someone on the scene if you can use theirs.
- Take photos of all of the vehicles involved from several angles.
- Take photos of the area surrounding the accident, including the roadway, street signs and traffic signals, if applicable.
- Take photos of any visible injuries you or any of your passengers may have sustained.
- In addition to damage to vehicles, take photos of any property that was damaged in the accident.
- Write down the license plate numbers of all vehicles involved in the accident.
- Ask the other driver if he or she owns the car or if it is owned by someone who is not at the scene.
- Ask for the name of the insurance company that covers the other driver’s vehicle.
- Ask the responding law enforcement officer how soon the accident report will be available to you and where you must go to get it.
- Should the officer indicate that a report will not be written, ask for his or her name and badge number to be used as contact information.
Get contact details from witnesses:
- Try to get contact information from all witnesses before they leave the scene. Do not ask witnesses for statements—your personal injury attorney will contact them if needed.
- If there were no witnesses in close proximity to the accident, make note of any nearby businesses or homes and provide this information to your attorney.
After the accident:
- If you received any medical treatment, gather contact information for the hospital or emergency room where you were immediately treated, as well as from physicians and/or therapists who may have treated you in the days following the accident.
- Retain all documents in a safe place. These may include:
- The police accident report
- Insurance policies and any communications from insurance companies
- Medical bills from hospitals, doctors, pharmacies, testing facilities, etc.
- Correspondence from the other driver or any witnesses
- Receipt for repairs to property that was damaged as a result of the accident
- Pay stubs or other proof of wages that were lost as a result of the accident
Each case is as unique as the individual who has been injured in an accident, but there are some steps that are typically taken. Your accident injury case may include these and other events:
Your recovery period: This initial stage starts at the moment you are injured and lasts until your doctor states that your condition cannot be further improved in a medical setting with care provided by medical professionals. This point is referred to as maximum medical improvement (MMI). When you are at this point, any health issues you have going forward are considered to be permanent.
Submission of documents: This is when information is submitted to your insurance company, including but not limited to your medical bills and proof of lost wages.
The negotiation period: An insurance adjuster reviews all of the submitted information, then makes a settlement offer. If your Sarasota personal injury lawyer determines that this offer is insufficient, a counter offer will be made.
Litigation: When an agreement cannot be reached, the case may go to trial. Keep in mind that the majority of personal injury cases are settled outside of court.
VERDICTS AND SETTLEMENTS
Even though each case is unique, Dennis Hernandez & Associates, PA strives to fully compensate every client for his or her injuries, lost wages and property damage.