A wrongful death claim may be warranted when the death of a person is the result of negligent, reckless, or intentional actions taken or refused.
Negligence is the most common cause of wrongful death. To prove a case of negligence, it must be shown that a person or persons responsible for the treatment and/or safety of the individual failed to act in the proper manner and that this action or inaction was the cause of death. For example, improperly operating a piece of machinery, resulting in the death of another person, may constitute a wrongful death claim. Another example is that if a nursing home has a job to turn a person in a bed over from time to time but they don’t and it leads to a death, it might also be considered wrongful death.
If you feel that someone you love was the victim of wrongful death, we urge you to contact Herman & Wells, Florida’s Personal Injury Law Firm as soon as possible to better understand your legal rights as a survivor. Attorneys Clifford Wells, Jason Herman and their staff are well equipped with the necessary experience to begin preserving evidence and investigating your claim.
Each state has its own wrongful death statute(s). Under Florida law, only certain people can file suit for wrongful death. Possible claimants include: spouses, children, parents, and, if dependent in whole or in part upon the decedent for support, other blood relatives, adoptive brothers or sisters, and children born out of wedlock if the decedent was the mother or the father if he has recognized a responsibility for support.
Compensation for a Wrongful Death cannot possibly make up for the loss of a loved one, but in many cases the survivors are left with the responsibility of paying for past medical care and other outstanding expenses. They usually have a long road to recovery and may also be dealing with the loss of financial support or support for their dependent(s). Despite the emotional turmoil involved with choosing to pursue a recovery for these damages, these survivors deserve to receive compensation for their losses at the hands of a negligent person or corporation. Although money will never relieve the grief involved with the loss, it can significantly ease the financial burdens.
The process of making a wrongful death claim, however, is tedious, long and emotionally exhausting. You cannot grieve properly when you are left fighting with other lawyers or insurance companies. At the Law Offices of Attorney Herman & Wells, we can, at the very least, take that burden off of you and help you manage going forward by seeking proof of your claim and work hard to force those who were responsible for the death of your loved one to pay for expenses and potentially lost income.
If you have recently lost a loved one and feel it could have been prevented, contact Herman & Wells, Attorneys at Law for a free consultation. We can help determine if you are entitled to compensation. Statutes of limitation may apply and can vary by state, so it is best to talk with a qualified attorney soon after an injury to determine if you have a valid claim.
Zane T. Cagle of The Cagle Law Firm of St. Louis, Missouri, and Clifford K. Wells of Herman & Wells of St. Petersburg, Florida represented Debra Mael and the estate of Derek Mael.
In the early morning hours of May 30, 2014, Derek Mael and a passenger in his motor vehicle were looking for a parking space in the Westport area of Kansas City, Missouri. While attempting to locate a parking space, Mael and his passenger became involved in a verbal exchange…