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Wrongful Death Lawyer Fort Lauderdale, FL

Wrongful Death Lawyer Fort Lauderdale, FL

If you have lost a loved one as the result of another person’s or entity’s negligence, a wrongful death lawyer in Fort Lauderdale FL from Needle & Ellenberg, P.A. would like to discuss your case. Our lawyers strive to offer professional, trusted legal advice to family members who might be going through a challenging time. Guided by years of experience and readily equipped with compassionate support, we may help you to understand your legal options surrounding a wrongful death.

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Pursuing A Claim With Legal Assistance

Whatever the cause of the loss of life, a wrongful death lawyer can analyze your claim and let you know your possible options. Wrongful death lawyers at Needle & Ellenberg, P.A., handle a variety of cases which include:

  • Accidents or collisions involving a car, bus, or train
  • Bicycle or motorcycle accidents
  • Construction accidents
  • Pedestrian accidents
  • Workplace accidents
  • Defective products or parts
  • Medical malpractice
  • Nursing home abuse
  • Slip and fall injuries

Through diligent determination, a wrongful death lawyer may meticulously navigate the legal system and fight for the justice you and your family deserve.

Understanding a Wrongful Death Claim

A wrongful death claim is specific to another party’s negligence, wrongdoing, or carelessness which ultimately resulted in the loss of life. If such an incident happens, family members of the individual who passed away might be able file a civil suit. Through this, compensation for a broad range of damages may be recoverable. Depending on the circumstances of your case, a wrongful death lawyer may pursue a claim against individual parties, entities, or both, regardless of criminal charges being separately filed.

Compensation For Wrongful Death Victims

Each and every wrongful death claim is inherently unique. A wrongful death lawyer may factor in a number of different things to calculate a monetary amount; some of these could include:

  • The relationship between the deceased person and survivors
  • The net income of the deceased individual
  • The ‘replacement’ value of what the deceased offered
  • The life expectancy of the parties involved

A lawyer might also consider the relationship to the deceased; generally, specific individuals are entitled to certain types of compensation. For example:

  • The surviving spouse may receive damages for the loss of companionship, mental pain, and protection.
  • Children under the age of 18 might seek damages for loss of parental companionship, guidance, and emotional suffering.
  • A parent of a minor child who died because of negligence may recover damages for mental anguish.

All survivors of a deceased party might also be able to seek damages for loss of services and support from current or future losses in addition to medical and funeral costs. Perhaps the best thing you can do right now for yourself and your family is to hire a lawyer who is experienced in handling delicate cases like wrongful death. Our team understands the depth and anguish that comes along with these lawsuits, and are not afraid to fight unrelentingly for our grieving clients. We can handle the legal side of things so that you can focus on taking care of yourself during such a painful time.

Types of Wrongful Death Cases

Maternal Death Claims

Maternal death claims are a common type of wrongful death claim. Most people would be shocked to learn that in the past 15 years, the number of women in this country who have died during childbirth has gone from 700 per year to just under 1,100 deaths per year. During this same period, the maternal mortality ratio increased from 17.5 deaths per 100,000 live births to 26.4 deaths per 100,000 live births. Although not all of these women die because of medical malpractice, a good portion of them do.

The death ratio also varies from state to state. For example, in California, the maternal death ratio is 4.5, while the maternal death ratio in Illinois is 14.7. Some of the reasons for maternal death include lack of access to health care, poverty, and chronic conditions, such as cardiovascular issues, diabetes, mental health disorders, obesity, smoking, and substance abuse.

At Needle & Ellenberg, P.A., each of our wrongful death lawyers knows that even though the above reasons account for many childbirth deaths, there are far too many that occur as a result of negligence on the part of medical professionals. Steps that every hospital and birth facility should address include:

  • Focusing on specific emergency pregnancy, labor, and delivery emergency situations that can occur. Examples of these emergency issues include preeclampsia (high blood pressure due to pregnancy) and hemorrhaging.
  • Identifying issues that could cause medical personnel to fail to recognize emergency issues and provide quick and appropriate treatment.
  • Defining what the best practices are that should be used in the event of an emergency situation and ensure that all medical staff have been fully trained in these best practices.

For example, as a wrongful death lawyer can attest, one of the most frequent causes of maternal death is excessive blood loss during childbirth. Every birthing facility should have procedures in place that all of the obstetrical staff should be aware of and practice so they are ready in the event of this type of emergency should occur. There should be a cart ready for each patient in labor that has all the medical equipment and supplies to treat hemorrhaging, as well as any medication that may be needed to help stop the bleeding.

Manslaughter

If you’re considering pursuing damages from a wrongful death claim, you most likely have many questions. One of the most frequently asked questions is whether wrongful death counts as manslaughter – and what the difference is. After all, both involve an unnecessary death as a result of another party’s negligence.

  • Manslaughter: Manslaughter is typically reserved for criminal cases. This means the offender may be incarcerated or otherwise punished by the state. This is an important distinction to make, because a manslaughter charge is criminal in nature, and is thus treated as a crime against the state.
  • Wrongful death: Wrongful death is reserved for civil suits. Unlike manslaughter, wrongful death charges are filed by the friends and family of the deceased. This means that instead of jail time, the party responsible for the wrongful death will have to pay financial compensation.

Manslaughter and wrongful death cases are similar, but the punishments are very different. A party that is convicted of manslaughter may have to pay damages in addition to their jail or prison sentence, but this isn’t guaranteed by the court, and you shouldn’t count on it. Instead, you can rely on a wrongful death lawyer to help you get the compensation you deserve.

The Stages of a Wrongful Death Suit

A wrongful death claim is a civil lawsuit that allows certain family members related to the deceased to hold a negligent person or company financially responsible for their loved one’s death. Spouses, children, parents, and financially dependent relatives might be able to recover damages under your state’s law, in this instance Florida. When your loved one dies their death is going to trigger a litigation process.

Understanding the steps in the process of a wrongful death lawsuit can help you in dealing with a wrongful death in Florida.

  • Contacting an Attorney. You should first contact an experienced lawyer and provide details about your loved one’s death. If their death was a public affair and you have a list of witnesses, you should provide the witnesses contact information names and any other information you collected from them in writing to your lawyer. By providing all this information you are going straight into step two.
  • Investigating The Incident. Your lawyer is going to investigate. Not only are they going to investigate by looking at the witnesses, and the people involved, but they are going to investigate your claim. This means they are going to be talking to the witnesses and going over the medical records that you provide as well as the autopsy report. This part of the investigation usually has a lot of questions involving you.
  • Notifying The Defendant. When you have filed a wrongful death lawsuit you must notify the defendant about your allegations. This is called a service of process. Your lawyer is going to help you determine where to file the lawsuit, as there is going to be principal jurisdiction that limits courts authority to make legal decisions. If the court does not have jurisdiction over the parties of the claims it cannot follow the case. Make sure that you file your case within two years of the death. Your wrongful death lawyer is going to be able to tell you that there is a statute of limitations, and ensure that you’re filing the paperwork correctly to make a statute of limitations.
  • Discovery. The next part of the process after filing the case legally with the court system is called discovery. This is a process where both sides are going to request information from the other. You may have to provide evidence to the defense and they may have to provide evidence to you. In some cases you may request that privileged information be protected from discovery but the court might step in if the defense refuses to hand over relevant documents or other information. Discovery is a process meant to help both sides of the lawsuit plan the argument so that there will not be a bunch of surprises at the trial.
  • Trial. The trial will begin once discovery closes. Some tiles are going to take longer than others. It depends on the complexity of the case and whether there is a judge or jury. Usually both sides of each party are present and they are going to present both sides of their cases and may cross-examine the others’ witnesses. Once the trial has begun you should expect some of the questions and your wrongful death lawyer is going to help you prepare for questions that you may be asked. After both sides have presented their case, the judge or the jury will make a decision and if you are unhappy you may appeal.

Fort Lauderdale, FL Wrongful Death Infographic

THE STAGES OF A WRONGFUL DEATH SUIT

Fort Lauderdale Wrongful Death Statistics

According to statistics from the Centers for Disease Control and Prevention, there are just under 225,000 people killed each year by unintentional injury. More than 45,000 of those deaths occur in traffic accidents. Families of these victims may be able to pursue wrongful death claims if their loved one’s death was the result of the negligent or reckless acts or behavior of another party or parties.

Contact Our Wrongful Death Lawyer Today

If your loved one died during childbirth, and you suspect negligent medical care was the cause, contact a Fort Lauderdale, FL wrongful death lawyer from Needle & Ellenberg, P.A. today. We understand what a horrific time this is for you and will work diligently to get you the justice you deserve. Call our office to schedule a free case evaluation and determine what kind of financial justice your family may be entitled to.

Our Wrongful Death Lawyers

The unexpected loss of a loved one can be devastating. Pursuing legal action against a negligent party or loved one may be one of the last things on your mind; however, because of the statute of limitations and the risk of losing evidence, it’s important to seek a lawyer as quickly as possible. Needle & Ellenberg, P.A., is ready to provide you with the support and voice you may need to get you through this turbulent time. To schedule a free consultation with a wrongful death lawyer families trust, please call our office.

We’re Here to Answer Your Questions

A wrongful death lawyer can answer any questions you may have about filing a wrongful death claim. You may have some degree of familiarity with wrongful death suits, but it’s always best to learn all you can before seeking compensation. If you’re completely unfamiliar with what constitutes a wrongful death, the right lawyer can also walk you through all the necessary details so you can confidently decide if a wrongful death suit is right for you.

While you may be grieving, having the right lawyer on your side can help you set your emotions aside temporarily so you may win the compensation that you deserve. After all, in order to properly grieve, you’ll need to be free of any financial burdens that can result from a death. Any preventable death is a tragedy. However, not all of them can count as a wrongful death in the eyes of a court. When deciding whether or not you should pursue damages for the untimely loss of a loved one, there are a few key definitions to remember.

If your loved one’s death was caused by someone else’s negligence, it may be wise to speak to a wrongful death lawyer Fort Lauderdale FL residents trust. At the Law Offices of Needle & Ellenberg, P.A., we have over 50 years of combined experience pursuing wrongful death claims. We understand how devastating it is to lose a loved one and want to help you get justice.