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Wrongful Death Lawyer in Winter Haven, FL
Losing a loved one is a tragedy in any circumstance or situation. The loss is only deepened if your loved one has died as a result of another person’s inaction or action. If this has happened to you in Winter Haven, you may be eligible to file a claim.
The challenge is proving negligence in a Winter Haven court within wrongful death law. Currently, the burden of proof in Winter Haven is on the surviving family members. There has to be proof and evidence to show someone’s death was caused by another party. The at-fault party must be shown to have had a duty to ensure a safe environment for the deceased. Damages have to be quantified precisely. This includes gathering medical bills, estimating lost income, and ultimately placing a price on a lost life.
The process of wrongful death settlements in Winter Haven is emotional and stressful, to say the least. This is why the attorneys at Dennis Hernandez and Associates are here to help you through it. Our Winter Haven wrongful death lawyers will work on your behalf to determine damages owed to your family by the negligent party.
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 Winter Haven accident attorney. Please contact us at (941) 210 0000.
What Is a Wrongful Death Claim?
To put it simply, a wrongful death lawsuit is a civil action stating a person died as the result of someone else’s negligence.
In Winter Haven, the right to file a claim lies with the children, spouse, parents, or other dependent relatives of the deceased. This falls under the Florida Wrongful Death Act. The statute of limitations is two years from the date of death.
When Do I Need a Wrongful Death Lawyer?
If the negligent party is a business or corporation in Winter Haven, you could be facing a legal battle involving expensive attorneys with plenty of resources. This is a tough opponent in a Winter Haven wrongful death lawsuit. You will need an experienced Winter Haven attorney on your side to help navigate this difficult process.
In the event you do not want to pursue legal action in the courtroom, we can help reach a settlement agreement outside of court with the negligent party.
How Much Does It Cost?
The cost and potential damages vary based on the situation and relationship between the deceased and the claimant in Winter Haven.
Most of the time, a settlement can be reached outside of Winter Haven court. These are often paid out by Winter Haven insurance companies on behalf of a defendant.
Within the Winter Haven court, there are a wide number of wrongful death damages to seek. These can vary and depend on the relationship between the surviving family and the deceased. They generally include:
- Funeral/burial costs
- Loss of the deceased’s income
- Mental pain and suffering
- Medical costs accrued prior to death
- Loss of companionship, guidance, love, etc.
- Value of services provided by the deceased
Dennis Hernandez & Associates offer free legal consultations for Winter Haven families seeking to determine if a wrongful death lawsuit is the best financial option.
Common Types of Wrongful Death Cases
The negligence of an individual or corporation in Winter Haven results in wrongful death. In Winter Haven, common causes include:
- Defective products
- Medical malpractice
- Car or truck accidents
- Workplace accidents
How Do I Choose a Wrongful Death Lawyer?
This type of lawsuit is taxing emotionally and mentally for family members. You have lost a loved one and are now facing a legal battle to obtain wrongful death damages. This is why it is important to consider not only the legal credentials of a wrongful death attorney, but also their ability to handle the case with compassion. Also, consider past success they have had with handling claims in Winter Haven.
Dennis Hernandez & Associates has been proud to serve the Winter Haven community with both legal experience and respect for families who have lost a loved one.
Consult an Experienced Wrongful Death Attorney
Losing a loved one is traumatic, no matter how it happens. We are dedicated to supporting you and your family as you navigate this difficult time. Our Winter Haven team is committed to providing you with the attention and compassion you deserve.
If you need to file a wrongful death claim, contact our Winter Haven office. We can schedule a free, no-obligation consultation to review your case.
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 Winter Haven 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.