Wrongful Death Attorney Clearwater Florida
Wrongful death, by law can be explained as a person dying because of the negligence or fault of another person. Wrongful death is not murder, but death that has happened because a third party failed to fulfill their duties. There are two ways in which a case can go to a wrongful death – a civil action and a criminal case. A civil case makes the person responsible for the death pay settlements and the surviving family can claim a private action. In the case of a criminal trial, it can be categorized as voluntary manslaughter, involuntary manslaughter or even murder. It is advisable to consult a wrongful death attorney Clearwater.
How wrongful death is slapped on a defendant
There are many things that must be taken into consideration before a person can be given a wrongful death sentence. The main three pointers are:
- A person was killed as a result of the actions or inactions of the defendant.
- There was a clear case of recklessness, danger and disregard for the lives of others.
- The defendant was aware of the consequences of their actions and yet failed to correct themselves.
The most common case for wrongful death is car accidents caused by rash or driving under the influence of alcohol or other controlled substances. The defendant never wanted to kill someone, but the result of their failure to check themselves was the death of a fellow human. At times, even a completely legal action can lead to the loss of life when not done correctly or when done with wanton thoughtlessness.
Suing for wrongful death
A wrongful death claim can be filed by a representative, usually an attorney on behalf of the survivors of the person who has died, they are the parties of interest in the case and the ones who have suffered the most in the death of the decedent. The real parties of interest are by law only the following members:
- Immediate Family members: In every state, the immediate, closest family is the one that suffers the most and the ones that stand to lose the most.
- Life partners and dependents: The next are the spouses and life partners of the deceased along with those who were financially dependent on the person.
- Distant family: Most states allow distant family like grandparents and siblings to also file wrongful death cases.
- Parents of unborn children: If an unborn fetus has lost its life in a case of wrongful death, the parents of the baby are within their rights to sue.
The death of a loved one is a hard burden to bear, but getting legal action and bringing to task those who were responsible is essential. Doing so not only brings financial compensation for the survivors, but also gives them a sense of closure and knowledge that the death was not for naught.
Hopefully, you will never be in a position in which you need the legal services of a wrongful death attorney Clearwater, but in the event that you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement and get back to living your life.