Call Us Today The loss of a loved one is one of the most terrible events you can go through. When their loss is due to someone else’s negligence, you may feel frustrated and unsure how to proceed. Our Weston wrongful death lawyers can seek fair compensation to hold negligent parties financially accountable.
At Viles & Beckman, our Weston personal injury lawyers treat every client with respect and compassion. We’ve been helping injury victims and their families since 2005.
Contact us today and get started with a free consultation.
Who Can File a Wrongful Death Claim in Weston?
In Florida, the court-appointed personal representative of the decedent is the only person who can file a wrongful death claim. Who is the personal representative? They can be:
- Someone named in the decedent’s will.
- Someone appointed by the court. Typically, this is a spouse, adult child, or a close relative such as a parent or sibling.
If you are unsure who the personal representative is for your case, we can help.
Expect More, Receive More: Legal Support That Feels Like Family
What Compensation Can Be Recovered in Weston Wrongful Death Cases?
Fair compensation can’t account for the loss of your loved one. However, it can help you rebuild from the financial and emotional harm that another party’s negligent actions have caused. We can seek your compensation for losses like:
- The loss of the decedent’s financial support.
- The loss of emotional support or parental guidance.
- Costs of end-of-life medical care and services.
- The decedent’s pain and suffering.
- Funeral expenses.
- Burial costs.
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How Can a Wrongful Death Attorney in Weston Help With Your Case?
Trying to navigate a complicated insurance process can feel overwhelming when you’re also dealing with a loss and unexpected bills. Our legal team is here to help. At Viles & Beckman, we care for our clients as if they were family.
We can:
- Investigate the accident to determine all at-fault parties.
- Gather evidence to build a strong claim for compensation.
- Handle all communication with insurance adjusters.
- File all necessary paperwork.
- Negotiate for fair compensation.
- Offer guidance on any settlement offers you may have.
- Represent your case in court when necessary.
Our legal team works on contingency fees. This means there are no upfront costs, and you only pay us if we win your case.
Click To ContactHow is Fault Proven in Weston Wrongful Death Cases?
To successfully recover compensation, your lawyer must prove that someone else was negligent. There are four key elements to this:
- Duty of care: The party had a responsibility to keep others safe. For example, a store owner must keep their property free from safety hazards.
- Breach of duty of care: The party failed to act responsibly. For example, a truck driver fell asleep at the wheel because they were working beyond their federally regulated hours of service.
- Causation: The breach directly led to the accident. For example, a drunk driver ran a red light and hit another vehicle.
- Damages: There were losses because of the accident. For example, medical bills.
Your lawyer will prove that these four elements were met by carefully investigating. They will gather evidence that shows that negligence occurred.
What Evidence is Used in Wrongful Death Cases?
Helpful evidence can include:
- Witness statements: An eyewitness may have noticed someone weaving or speeding, for example.
- Video footage: Footage from traffic cameras, dashcams, nearby business security cameras, or cellphones can all offer unbiased views of the accident.
- Physical evidence and photos of the accident scene: For example, skid marks may be able to show when a driver applied their brakes.
- Black box data: When commercial vehicles are involved, they may have an Event Data Recorder equipped. This can give vital information, including whether brakes were applied.
- Police or incident reports: These can contain information about who may have been at fault.
- Blood alcohol content or field sobriety test results: For cases where drunk driving is suspected.
- Phone records and GPS data: These can be helpful in showing that a driver was distracted when the accident occurred. They can also help place hit-and-run drivers at the accident scene.
- Driver logs, maintenance records, and cargo records: When commercial vehicles are involved, records of workers and the vehicle can be helpful in establishing who was at fault.
Your lawyer can take action to preserve evidence, such as company records, to ensure that vital pieces of information are not lost.
How Long Do You Have to File a Wrongful Death Case in Weston?
Under Florida Statutes 95.11, you generally have two years from the date of death to file a wrongful death lawsuit. However, there can be exceptions to this, so it’s vital to go over the expected timeline with your attorney.
In addition to timely filing, getting started on your case as soon as possible can also help with evidence collection. As time passes, witness memories may fade, video footage may be deleted, and other evidence can be lost.
Contact a Weston Wrongful Death Lawyer Today
We are so sorry for your loss. We know that the grief and pain you are going through can make the claims process seem insurmountable. That’s why we’re here to help. You should be able to focus on grieving and spending time with your family.
The Viles & Beckman legal team will tackle every step of the legal process on your behalf. Contact us today to get started with a free initial consultation.
