Signs You Should Pursue a Wrongful Death Case

Wrongful Death Lawyer

Hearing that you have lost a loved one in a tragic accident is the call that no family member wants to receive. Loss is difficult enough, when it occurs tragically and unexpectedly, it can be even more difficult to make sense of. If your loved one passed away as a result of someone else’s negligence, the road that lies ahead can be long. For some, taking legal action against the person at fault may be in your best interest.

Deciding to pursue a wrongful death case against the person who caused your loved one harm should be carefully considered. The road ahead can be long and arduous. However, with an attorney, the process can be faced with confidence. Here are signs that you may want to speak with a wrongful death attorney Longwood, FL offers about pursuing a wrongful death case for your loved one’s passing:

Do I have a legal right to file a wrongful death case?

Prior to taking action, you will need to first determine if you are within your right to pursue a wrongful death case. An attorney will be helpful in advising you around this as there are variations depending on the state where you live. If you are the parent of a minor child or the spouse of the person who has passed, you should be well within your right to take action.

Did my loved one pass away due to someone’s negligence?

Wrongful death is the result of another person’s negligence. Family can pursue damages for their losses in cases involving someone who was negligent. Proving wrongful death is similar to that of a personal injury case in that the same elements must be present:

  1. Duty of Care
  2. Breach of Duty of Care
  3. Causation
  4. Damages

In wrongful death cases, the plaintiff will be responsible for the burden of proof. Meaning that with the help of an attorney, they will need to present evidence proving that the defendant “more likely than not†caused your loved one’s demise.

How much time has passed?

When taking legal action, one of the first things to consider is the amount of time that has passed since the accident occured. The statute of limitations is the timeframe in which you have to file a claim. Once the clock runs out, you will no longer have the ability to file a civil claim. In many states, the statute of limitations is two years. However, an attorney will be able to best advise you regarding this.

Consult with an Attorney

There are a number of reasons loved ones choose to pursue wrongful death cases. Taking action can help families who are emotionally and financially suffering after the loss of a loved one. Making the decision to take legal action is not one that people take lightly. In fact, for many it can be difficult to move forward with a legal case. Attorneys with experience in representing victims’ families can help to put your mind so that you are able to face your case head on.

Considering whether taking legal action for the loss of your loved one is right for you? Contact an attorney for a consultations to help you come to this very difficult decision. Upon review of your case, they will give you an honest assessment of whether or not your case is strong enough to pursue. Let an attorney help you in obtaining the compensation you and your family may be entitled to.



Thank you to our friends and contributors at David & Philpot, P.L. for their insight into personal injury cases and wrongful death.