Hollywood Wrongful Death
The lovely Oceanside city of Hollywood, Florida, is idyllic in many ways – so much so that it may seem impossible for tragedy to strike. Unfortunately, life is not always that “walk on the beach” that we wish it were. Motor vehicle accidents, cruise ship accidents, dangerous and defective products, boating accidents, and acts of medical malpractice can all unexpectedly and tragically claim a loved one’s life. If your family is struggling with the loss of a loved one and believe that your family member’s death was caused by another’s negligence or recklessness, the knowledgeable and compassionate Hollywood wrongful death attorneys at Cohn & Smith can explain your right to seek compensation from the responsible person, business, or governmental entity.
It is important to note that the statute of limitations in a Florida wrongful death case is significantly shorter than the limitations period for a personal injury case (two years verses four years). This, combined with the tendency for spoliation of evidence to make it increasingly more difficult to prove liability the longer a family waits to hire counsel, makes it imperative that an accident victim’s loved ones talk to an attorney as quickly as possible after the motor vehicle accident, product injury, medical negligence, or other accident that claimed their family member’s life.Proving Negligence in a Wrongful Death Lawsuit
In a wrongful death lawsuit, the accident victim’s family has the burden of proving, by a preponderance of the evidence, that the defendant acted negligently in causing their loved one’s death. This is a four-step process that begins with an inquiry into the duty of care owed by the defendant under the facts of the case. Next, the family must be able to show that the defendant breached the duty of care. There must also be proof of damages and causation in order for a Hollywood wrongful death case to be successful.
The damages available in a given wrongful death case depend upon the deceased’s family situation. (Was he or she married? Were there dependent children?) Florida Statute § 768.21 states who may be awarded damages in a wrongful death case. Typically, certain family members may seek compensation for loss of consortium with the deceased, and the victim’s estate may seek payment for funeral and burial expenses, the deceased’s medical expenses necessitated by the accident, and the lost net earnings to the estate. The amount of lost net earnings is usually proven by expert testimony that takes into consideration the deceased age and rate of pay at the time of his or her accident, along with other factors.Schedule a Free Consultation with a Hollywood Wrongful Death Attorney
Because we understand that families who have lost a loved one in an accident are already facing a great deal of financial hardship, our firm accepts most wrongful death cases on a contingency fee contract. This means that we withhold a percentage of the final settlement or judgment in your case as our legal fee, so you don’t have to pay anything out of pocket upfront to get your case started. For a free, confidential case evaluation with a helpful Hollywood wrongful death and personal injury attorney, call Cohn & Smith at (954) 431-8100. We handle accident, injury, and wrongful death cases throughout south Florida, including Pembroke Pines, Fort Lauderdale, Weston, Davie, Tamarac, Sunrise, Pompano Beach, Coral Springs, Aventura, and North Dade County.