The death of a loved one is a devastating experience, especially when caused by the fault of another. Wrongful death can occur in many ways such as a motor vehicle crash, construction accident, medical malpractice, product defect or other cause. Unfortunately, the sudden unexpected death of a loved one can create additional financial hardship that is damaging to the victim and their families. As such, wrongful death can cause severe mental and emotional distress.
Medical costs, funeral expenses, and loss of income can cause significant burden. You deserve to be covered for those costs. The Zaritsky Law Firm understands your needs and seeks to hold the at-fault party (and/or parties) responsible for your loss. Simply put, we fight for your rights within the complex, organic, and often dynamic legal justice system.
What is a wrongful death claim?
When a person or entity negligently or intentionally causes the death of another person, the party that caused the death may be liable under a wrongful death claim for financial losses that result from the death. Typically, a personal representative of the decedent's estate will sue, and any recovery will be placed in the estate for distribution according to the terms of the estate.
What damages are available in a wrongful death case?
In a wrongful death case, the at-fault party (and/or parties) may be liable for the losses suffered by the deceased person’s family members as a result of the death. The compensatory damages may include medical and funeral expenses that were incurred, as well as lost earnings, care and other financial support that the victim would have provided in the future. These damages are usually limited to spouses, children and, at times, parents. Besides compensatory damages, punitive damages may be available to deter and punish conduct that caused the death.
How is wrongful death different from criminal homicide?
Both a wrongful death case and a criminal homicide case involve the death of a person. In a wrongful death case, the decedent's estate pursues the claim in civil court to recover damages from the death. In a criminal homicide case, the state prosecutes the case in a criminal court and seeks a jail or prison sentence. If a wrongful death case occurs first, a defendant may assert a Fifth Amendment privilege against self-incrimination during the civil suit because the state may prosecute the defendant and use the defendant's statement against him.
In the wrongful death case, the plaintiff must prove by a preponderance of evidence (i.e., more likely than not) that the at-fault party is liable. In contrast, the prosecution in a criminal homicide case must prove the elements of the criminal homicide charge beyond a reasonable doubt, which is a higher burden of proof than required in civil cases. The varying burdens of proof explain why a defendant may be civilly liable for wrongful death, but not guilty of criminal liability.
What law governs wrongful death?
In the United States, state law governs wrongful death actions.
No Recovery No Fees
We do not charge any fees unless and until we win your case. Our fees are based on a reasonable percentage of the amount obtained for you.
If there is no recovery, there are no fees.
Free Case Consultation
If you have experienced the death of a loved one as a result of the fault of another, you deserve to be compensated for your loss. Upon request, the Zaritsky Law Firm is available for free case consultations. We will start you on the path of justice and secure the financial compensation you deserve.
Contact the Zaritsky Law Firm in Tampa, FL for your free case consultation at 813-286-0000.