What Is Wrongful Death?
You can file a wrongful death claim if your loved one died because of negligence by another person or organization. Wrongful deaths can happen in many scenarios including work accidents, car accidents, and slip-and-fall incidents. Contact Bulluck Law Group to help you determine whether your loved one was the victim of wrongful death.
Who Is Eligible to File a Wrongful Death Claim?
The surviving spouse or children are the first people who have the right to file a wrongful death claim in Florida. The next group includes other direct family members or personal representatives of the deceased’s estate.
Once you file a wrongful death claim, your case moves forward like most other personal injury cases. The defendant is notified about the claim, and attorneys from both sides work toward a settlement. If an agreement cannot be reached, your claim can go to court.
What Damages Could I Receive in a Wrongful Death Claim?
In a wrongful death claim, the court awards damages to help you recover from your loss. The court may order the defendant to pay for medical expenses that were incurred before and after the victim’s death. This can include funeral and burial costs as well as lost future earnings. The court may also award you emotional damages including loss of care, companionship, comfort, and love.
The court will only award punitive damages that are meant to punish the defendant in specific situations. If the court believes the defendant hurt the victim on purpose, these damages may be included. The goal of punitive damages is to change someone’s behavior and deter others who may act similarly. The court may also award punitive damages against organizations and companies.Is a Wrongful Death Settlement Taxable?
Like many other personal injury cases, the settlement that the court awards you in a wrongful death case is not taxable. The only damages the government can tax are punitive damages that the defendant is ordered to give you.
Taxes & Wrongful Death Settlements
Similar to personal injury cases, settlements awarded in wrongful death cases are not taxable. However, if the defendant is ordered to pay punitive damages, the government can tax that money.
How Long Does a Wrongful Death Lawsuit Take?
There are various stages in a wrongful death lawsuit. Some steps can take an extended amount of time to accomplish. For example, gathering evidence and getting statements may take months. If your case goes to court, your lawsuit could last much longer.
The attorneys at Bulluck Law Group understand how difficult it can be to go through a wrongful death lawsuit. We will strive to complete your case quickly so you and your family can begin to heal.
Is Filing a Claim Against a Hospital for Wrongful Death an Option?
A hospital or medical professional may be responsible for your loved one’s wrongful death because of malpractice. This person or entity should be held accountable—not only in memory of the victim, but also to prevent another tragedy. Bulluck Law Group can help you figure out whether your claim should be against the hospital or an individual.
Wrongful death damages in medical malpractice cases are different than standard negligence cases. Certain damages cannot be recovered by adult children or parents of an adult child.
What Is the Statute of Limitations in a Wrongful Death Claim?
The statute of limitations for wrongful death claims is two years compared to four years in general negligence cases. It’s best to file a claim as soon as possible so you don’t lose your rights.
No amount of money can bring your loved one back. However, getting fair compensation from the person or organization responsible for their death can aid in your grief and potentially prevent the same tragedy from happening to someone else.
The attorneys at Bulluck Law Group understand you’re trying to recover from the loss of your loved one. We won’t charge you any fees or expenses unless we can win your case. We are committed to effective representation and have the experience to advise you on the next steps. Please contact us today to let us know how we can help.
Contact Bulluck Law Group for advice on next steps and skilled representation for your case.