If someone you loved was killed due to the negligence or misconduct of another person, you may feel like you have the weight of the world on your shoulders. In addition to losing someone you love, you may also have the strain of financial burdens and hardships as a result of the loss.

While a lawsuit can’t bring back your loved one, it can bring relief to you and your family. When you sue for wrongful death, you can receive financial support to help with the expenses and losses that are a result of the death.

If you are thinking about seeking relief, here is what you need to know about suing for wrongful death.

What Is a Wrongful Death Case?

A wrongful death case is a lawsuit filed in civil court that aims to provide relief for surviving members of a person who was killed as the result of negligence of another party. Survivors file the case to seek financial compensation for losses and damages experienced as a result of the death.

To sue for wrongful death, you must prove two things:

1. The death was a result of the negligence or maliciousness of an at-fault party.
2. The death led to financial and/or emotional damages for surviving members of the deceased.

Examples of Wrongful Death Cases

The most common types of wrongful death cases are related to:

• Vehicle accidents that occur on the road (such as auto, motorcycle, or trucking accidents), on the water (such as in boating accidents), or in the air (such as plane or helicopter accidents).
• Medical malpractice cases wherein a patient died due to the negligence of their healthcare provider or providers.
• Product liability or product defect cases wherein a person died because a product failed to work properly or did not include proper warning labels.
• Premises accidents wherein a person is killed in a situation that could have been prevented but was caused by the negligence of a property owner or manager.
• Workplace accidents wherein a person is killed at work as a result of unsafe conditions.

In addition to deaths caused by accidents and negligence, wrongful death cases may also include intentional killing.

When someone is killed by a person who showed malicious intent, you can sue for wrongful death in civil court. The case often goes in tandem with a criminal case wherein the person responsible for the death is charged with murder or manslaughter. Criminal cases often result in jail time, whereas civil cases result in damages that must be paid to the family of the deceased.

If you lost a loved one in any of these situations, you may be able to sue for wrongful death and receive damages.

What Do Wrong Death Damages Cover?

Damages refer to losses that are a result of the death. When you sue for wrongful death, you will fight to receive compensation for damages related to:

• Cost of funeral and burial
• Pre-death medical bills
• Loss of financial contribution and future wages
• Loss of consortium or companionship
• Emotional distress of surviving family

Related: Personal Injury Compensation: What Can You Fight For?

How Do You Sue for Wrongful Death?

#1) Determine who can sue for wrongful death.

In Florida, state statutes dictate who can sue for wrongful death. Only certain parties are able to file a wrongful death claim. The party must be a designated beneficiary of the deceased.

Chapter 768.18 defines these parties as: “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.”

If one or more of these parties are connected to the deceased, you may be able to work together to seek justice and damages for your lost loved one.

#2) File your case right away.

You have up to two years to file a wrongful death case, but the sooner you get started, the better. Time is of the essence when it comes to collecting evidence and getting testimony from witnesses.

If you’re considering suing for wrongful death, seek experienced legal representation right away.

Talk to a Wrongful Death Attorney Today

If someone you love was killed due to the negligence of another party, you don’t have to take on the fight for justice on your own. A wrongful death attorney can take some of the burden away from you and fight to ensure that you get justice for your loved one and the financial security you need to care for surviving family members.

If you want to take the next steps to sue for wrongful death, contact TJ Grimaldi today. TJ is an experienced wrongful death and personal injury attorney who knows what it takes to take on insurance companies and the parties trying to limit the relief provided to surviving family members.

Schedule your free consultation to speak directly with TJ about your situation and see how he can get to work on your case right away. Schedule your consultation or call 813-226-1023 now.

If you were injured in an accident, the first thing you need to do is seek medical care. Next, you need to find out if you deserve compensation to pay for the damages caused by the accident. You need to determine if another party was at-fault and, if so, whether or not you can prove it.

To prove fault in a personal injury case, you must meet specific legal standards.

You must show the court that a party caused the accident, that you deserve financial compensation to cover the damages you sustained — and that you have adequate evidence to prove it.

How To Prove Fault in a Personal Injury Case

Personal injury cases refer to any situation wherein you were injured, and it was not your fault. The most common types of personal injury cases relate to:

• Motor vehicle accidents
• Slip and falls
• Medical malpractice 
• Product liability
• Workplace accident 
• Assault and battery
• Animal attack
• Wrongful death

If you or a loved one were involved in any of these situations and injured by no fault of your own, you may have a personal injury case. Consider if you could provide the evidence needed to prove it.

#1) Prove the accident was caused by another party.

Being in an accident isn’t enough to file a personal injury case. You must prove that you were not responsible for the situation that led to the accident. You must clearly show that the accident was caused by another party.

There are three ways another party can be responsible for an accident.

• Intentional: The party intentionally intended to injure you and caused the accident.
• Neglect: The party’s neglect or carelessness caused the accident.
• Strict Liability: The party caused the accident, although it was not intentional or caused by neglect.

To prove to the court that another party caused the accident, you need evidence that shows what happened. You need to tell the story and prove your point through evidence such as:

• Detailed accounts of the accident
• Testimony from witnesses
• Police reports
• Incident reports (if the event occurred on a commercial property)
• Video or photos from the accident

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

#2) Prove the accident led to damages.

Once you prove that another party was at-fault for the accident, you must also show that the accident resulted in damages. Damages refer to the losses — physical, financial, and emotional — that occurred as a result of the accident.

To receive personal injury compensation, you must show how the accident caused damages. Damages sustained during a personal injury incident may include:

• Special compensation damages such as medical bills, future medical bills, cost of home-care, property damage, loss of income, loss of future earnings, and cost of altered plans.
• General compensatory damages that refer to “pain and suffering” compensation for emotional trauma, long-term physical impairments, physical disfigurement or deformities, loss of companionship, and damage to lifestyle.
• Punitive damages that include additional compensation if the accident was the result of malicious or intentional conduct.
• Wrongful death damages which cover costs for funeral and burial, emotional distress of surviving family, loss of financial contribution, and loss of companionship.

To prove fault in a personal injury case, you must be able to provide evidence that details the extent of the damages. Evidence that can support your case includes:

• Medical records
• Medical bills
• Personal injury deposition 
• Photos of your injuries (the initial injury as well as photos of the injury as it progresses)
• Photos of damaged property
• Bills for funeral services, home care costs, therapy, etc.
• Documents that show missed opportunities (missed work hours, canceled vacations, etc.)

Related: Want to Sue for Personal Injury? Take These 4 Steps   

Bring Your Personal Injury Case to Court

To prove fault in a personal injury case, you must show that another party caused an accident and that the accident resulted in injuries and damages.

If you believe you have the proof to bring your case to court or if you aren’t sure if you have the evidence needed, talk to a personal injury attorney today.

An experienced attorney can listen to the details of your situation and advise you on if you have what it takes to make your case. A lawyer can also help you gather the evidence necessary to win your case. 

Don’t go at it alone if you feel you have been injured in an accident that wasn’t your fault. Get help today. Start with a free consultation with TJ Grimaldi.

TJ is an experienced personal injury attorney who knows what it takes to win a case and get the full compensation you deserve. Don’t question your case. Get answers today.

Schedule your consultation or call 813-226-1023 to talk to TJ today.

If you’ve heard that Florida is a no-fault state when it comes to auto accidents, you might be confused about what that means. The phrasing “no-fault” leads many people to misunderstanding the law.

Here is what you need to know about Florida being a no-fault state and what it means for you if you have been injured in an auto accident.

The Difference Between Fault and No-Fault States

A state is typically considered either a fault or no-fault state when it comes to auto accidents.

Fault States

Most states are considered “fault states.” They operate in a tort insurance system. In a fault state, the driver who caused the accident is responsible for damages incurred by the injured party.

Fault is typically determined by a police officer who uses evidence such as witness statements and on-site details to explain what they believe happened. If a party doesn’t believe they are at-fault, they can create a legal argument to prove that they did not cause the accident.

The insurance company for the at-fault party pays the damages for other involved parties. If the insurance company does not cover all of the losses, the injured party can file a personal injury lawsuit against the at-fault driver.

No-Fault States

Twelve states are considered “no-fault states.” In these states, the party responsible for the accident is not necessarily responsible for paying for damages incurred by the injured party. Both parties use their own insurance to cover their damages.

In these states, drivers must have Personal Injury Protection (PIP) auto insurance. Drivers insure themselves to protect themselves from the financial costs of being in an accident. PIP insurance covers damages for the driver whether they are at-fault or not. PIP insurance typically covers the costs of medical fees, lost wages, and funeral costs.

No-fault insurance is intended to make it easier and faster for injured parties to receive financial compensation. Each driver’s insurance is responsible for their claims, lessening the need for litigation and negotiation between two parties. This design does not mean that litigation is never involved in a no-fault state. Parties who believe they have not received fair and adequate damages can bring litigation against their insurance company.

Florida Is a No-Fault State

Florida is a no-fault state. Other no-fault states include Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Related: What To Do After a Car Accident That’s Not Your Fault 

What Does It Mean If You’re Injured in a No-Fault State?

If you have been injured in an accident in Florida, an experienced car accident lawyer can help you determine what that means for your unique situation. In most cases, it means the following.

Seek medical treatment right away. Under most PIP coverage, an injured party is required to seek medical treatment within 14 days of their accident. If you don’t, your insurance may try and deny your claim. If you are injured in an auto accident, it is always recommended to immediately seek medical treatment.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Your insurance company is responsible for damages. In a no-fault state, your insurance company is responsible for compensating you for personal injury damages as they relate to medical expenses, lost wages, and funeral costs.

You don’t need an attorney to receive compensations from your insurance company — but it is a good idea to seek representation. While you can file a claim with your insurance company on your own, it is a good idea to work with an attorney if you have been injured in an auto accident. Insurance companies are set up to provide injured parties with the lowest amount of compensation possible. An attorney will fight for you to ensure that you get the full settlement you deserve.

Related: Personal Injury Compensation: What Can You Fight For?

You can still file a personal injury lawsuit against a negligent driver. Even in a no-fault state, you can still sue for personal injury if you suffered serious and/or permanent injuries during an auto accident that wasn’t your fault. In the event that the negligence of another driver left you with long-term damages, you can seek additional damages from the at-fault party. An auto accident attorney can help you file a lawsuit and negotiate a settlement that covers damages related to:

• Medical expenses beyond your PIP limit
• Lost wages
• Loss of future income
• Property damage
• Pain and suffering
• Emotional trauma

Talk to an Auto Accident Attorney in Florida

Dealing with insurance companies after an accident can be confusing and stressful. Don’t put pressure on yourself to figure it out on your own.

If you have been injured in a car accident in Florida, talk to an experienced personal injury attorney who can help you sort through the legal guidelines and ensure that you get what is fair and due to you from your insurance company.

Schedule a consultation with TJ Grimaldi to see how we can help you with your case. All consultations are free so schedule or call 813-226-1023 today.