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When Can You File a Wrongful Death Claim?

When your family has lost a loved one to someone else’s actions, you may be entitled to financial compensation. A wrongful death claim is one that your family can file to recover for your own personal injuries that you suffer when your loved one has died. If someone else was to blame for their untimely death, they could be made to pay your damages in a lawsuit.

In order to successfully file a wrongful death claim, you would need to prove that someone else was actually responsible for the death. There are two primary parts of a wrongful death claim. The first is proving that someone else was negligent (or otherwise responsible). The second is that you prove your family has suffered damages from the loss.

You can file a wrongful death claim in a number of circumstances, including:

  • Car accidents
  • When a third party has caused a construction injury
  • Product liability cases (such as when your loved one died after taking a prescription drug)
  • Premises liability cases (including negligent security and slip and fall cases)
  • Physical assaults

In most cases, you would need to prove that the defendant did not uphold their duty of care to act reasonably under the circumstances. You may also file a wrongful death claim when someone has committed manslaughter or murder. The key element is that someone has wrongfully caused your loved one to die.

Wrongful death claims can result in large settlement checks or a jury award for your family. You are entitled to be paid for both your financial losses and for your grief and trauma that come from losing a loved one.

Contact a St Johns County Personal Injury Lawyer Today

The attorneys at Naples & Spence can help your family take strong legal action when someone else has caused your loved one’s untimely death. To schedule your free initial consultation, call us today at 904.901.7096 or send us a message online.