Wrongful Death Lawyer Lakeland, FL
Your Wrongful Death Lawyer
The sudden loss of a loved one can leave you feeling shocked, overwhelmed, and completely lost – but your Lakeland, FL wrongful death lawyer can help you find a way forward. At The Turnbull Firm, we’ve helped our clients secure several million-dollar settlements, and our team has over 20 years of legal experience. Now, it’s time to use our experience to help you.
A death is a tragedy, and you may already be considering taking legal action. But before you reach out to us for a consultation, it’s important to understand what really qualifies as a wrongful death in the first place. Let’s take a look at some of the important factors that go into a successful wrongful death lawsuit.
What Counts As Wrongful Death?
While it may be tempting to claim any loss you experience as a wrongful death, there are certain requirements that must be fulfilled beforehand. You can’t just say any death is wrongful. Instead, there needs to be evidence of negligence, and you need to prove that the negligence of another party led to the death of your loved one.
Negligence can be tricky. If you want to prove negligence, you’ll need evidence. In some cases, it’s easy to find: Dash cam footage, medical records, police reports… these can all shed light on any negligence that led to the death in question. But in other cases, you may need outside help to track down witness statements, and (in the case of medical malpractice) input from other professionals in the same field of medicine.
You’ll need to find evidence of negligence if you want to file a wrongful death suit. Fortunately, your Lakeland wrongful death lawyer can help you track down evidence and build a case with professional testimony.
Who Can Be Held Accountable For A Wrongful Death?
Every case is different. Some wrongful death cases are relatively straightforward. For example, losing a loved one to a drunk driver means holding the drunk driver accountable for his or her negligence. But in other cases, there may be multiple parties at fault.
Let’s return to our drunk driving example. A drunk driver may have caused the accident, but what did the road look like? Was the street poorly-lit? Was there a blind corner? Were the brakes of the vehicle faulty? In some cases, you may be able to hold a city or corporation accountable for a wrongful death as well. It takes serious investigation, and it takes a legal team you can trust.
Contact Us Today
At The Turnbull Firm, we understand that losing a loved one is a painful and challenging time. We also understand that no amount of money can ever bring back a family member. But, it can help you deal with the aftermath, and it can help you find closure and justice after your loss.
Between funerary expenses, estate planning, and the shock of your recent loss, the last thing you need is further financial strain and stress. Get in touch with The Turnbull Firm today, and see how a Lakeland wrongful death lawyer from our office can help you secure the compensation you deserve.
What Damages Are Available In A Wrongful Death Lawsuit?
As a Lakeland wrongful death lawyer can explain, a wrongful death lawsuit arises when someone dies due to the negligent, reckless, or intentional actions of another party. These lawsuits are not about criminal guilt but rather seek to compensate the surviving family members or beneficiaries for the losses they have suffered due to the death of their loved one. Damages in wrongful death cases are intended to provide financial compensation for various types of losses incurred as a result of the death. Here’s an exploration of the damages available in such lawsuits. For more detailed information, call The Turnbull Firm.
Economic Damages
Medical And Funeral Expenses
One of the most immediate economic damages in a wrongful death case is reimbursement for medical bills related to the deceased’s final injury or illness.
Funeral and burial expenses are also typically covered under economic damages. These costs can be substantial and are reimbursed to the estate or directly to the family.
Loss Of Financial Support
The court may consider the deceased’s earnings, benefits, and financial contributions to their family when awarding damages.
Future earnings that would have reasonably been expected had the deceased lived are also factored in, usually based on the deceased’s work history, age, health, and other relevant factors. Your Lakeland wrongful death lawyer will calculate your loved one’s future earnings.
Loss Of Services
This includes the value of household services, such as childcare, property maintenance, and other tasks the deceased would have performed.
If the deceased was a caregiver for dependents, the cost of replacing those services may also be included.
Non-Economic Damages
Pain And Suffering
This category compensates the surviving family members for the emotional pain, suffering, and mental anguish caused by the death of their loved one.
It reflects the grief, sorrow, and loss of companionship experienced due to the untimely death.
Loss Of Consortium
This refers to the loss of companionship, guidance, and nurturing that the deceased would have provided to their spouse, children, or other family members.
It recognizes the intangible aspects of the relationship between the deceased and their family members.
Punitive Damages
In cases where the defendant’s actions were particularly egregious, reckless, or intentional, punitive damages may be awarded.
These damages are meant to punish the defendant and deter similar behavior in the future rather than compensate the family directly.
Determining Damages
Evidence And Calculation
Damages in wrongful death cases are determined based on the evidence presented, which may include medical records, financial documents, expert testimony, and witness statements.
Economic damages are typically calculated based on actual expenses and projections of future losses.
Non-economic damages, such as pain and suffering, are more subjective and may vary based on the circumstances of the case and the jurisdiction’s laws.
Legal Proceedings
The process of determining damages often involves negotiation between the parties or litigation in court.
Courts may consider the age and health of the deceased, their earning capacity, their relationship with the surviving family members, and other relevant factors when awarding damages.
Call Our Office For Legal Assistance
Damages available in a wrongful death lawsuit are designed to provide financial compensation for both economic and non-economic losses suffered by the surviving family members or beneficiaries. While no amount of money can fully compensate for the loss of a loved one, these damages aim to alleviate some of the financial burdens associated with the death and acknowledge the emotional toll on the survivors. If you have lost a loved one, call The Turnbull Firm to meet with a dedicated a Lakeland wrongful death lawyer to find out what legal options you have for financial justice.
Most Common Accidents Leading To Wrongful Death Lawsuits
Wrongful death lawsuits arise when an individual dies due to the negligence or intentional actions of another party. These lawsuits aim to compensate the surviving family members for their loss and hold the responsible party accountable. The following are four of the most common types of accidents that result in wrongful death claims that each Lakeland, FL wrongful death lawyer at our firm handles. If you have lost a loved one, call The Turnbull Firm to find out how we can help.
Motor Vehicle Accidents
Motor vehicle accidents are among the most common causes of wrongful death lawsuits. These accidents can involve cars, trucks, motorcycles, or pedestrians, often resulting from driver negligence or recklessness. Factors such as speeding, driving under the influence of alcohol or drugs, distracted driving, and failure to follow traffic laws contribute to the severity of these accidents.
- Car Accidents: Collisions between cars, whether involving multiple or single vehicles, can lead to fatal injuries. Drivers found to be at fault due to their negligence or misconduct may be sued.
- Truck Accidents: Due to their size and weight, commercial truck accidents often result in severe injuries or fatalities. If poor maintenance or inadequate training contributed to the accident, the truck driver and the trucking company can be involved.
- Motorcycle Accidents: Motorcycles offer less protection compared to cars and trucks, making riders more vulnerable to fatal injuries in collisions. Drivers who fail to see or yield to motorcyclists can be held liable in wrongful death cases.
Medical Malpractice
Medical malpractice occurs when a healthcare professional provides care that falls below the accepted standard, leading to a patient’s death. These cases involve complex issues related to medical procedures and require proving that the medical provider’s actions were negligent.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving foreign objects inside a patient, can result in fatal outcomes.
- Misdiagnosis or Delayed Diagnosis: If a medical professional fails to diagnose a condition correctly or delays diagnosis, the disease can progress to a fatal stage.
- Medication Errors: Incorrect dosages or harmful drug interactions due to negligence can result in patient fatalities. Lawsuits may address failures in prescribing, dispensing, or monitoring medications.
Workplace Accidents
Workplace accidents can be fatal, particularly in industries with high risks, such as construction, manufacturing, and agriculture. Employers and other parties may be held liable for wrongful death if their negligence or failure to provide a safe working environment contributed to the fatal incident. A Lakeland wrongful death lawyer will determine who all the liable parties may be in your loved one’s workplace accident death.
- Construction Accidents: Falls from heights, equipment malfunctions, and unsafe working conditions on construction sites can lead to deadly accidents. Employers and contractors may be held responsible for failing to adhere to safety regulations.
- Industrial Accidents: Heavy machinery, toxic substances, and other hazards in industrial settings can cause fatal injuries. Wrongful death lawsuits may target employers or equipment manufacturers for negligence or product defects.
- Workplace Violence: Incidents of violence at work, such as attacks by coworkers or intruders, can result in wrongful death claims. Employers may be held accountable if they failed to provide adequate security measures.
Defective Products
Defective products that cause fatal injuries can lead to wrongful death lawsuits against manufacturers, distributors, or retailers. These cases involve proving that the product was inherently unsafe and that the defect directly caused the death.
- Automobile Defects: Faulty design or manufacturing defects in vehicles, such as defective airbags or brakes, can lead to fatal accidents. Manufacturers can be held liable if these defects contribute to a wrongful death.
- Consumer Products: Everyday items, such as household appliances or children’s toys, can also be dangerous if they have design flaws or manufacturing defects. Companies that produce or sell unsafe products may be sued.
- Pharmaceuticals: Drugs with harmful side effects or improper labeling can cause fatal reactions. Pharmaceutical companies may face wrongful death claims if their products are proven to be defective or inadequately tested.
Have You Lost A Loved One?
At The Turnbull Firm, we know that no amount of money will ever make up for the death of a loved one. However, we also understand that a wrongful death claim is often the only justice that a family is able to obtain. Call our office to schedule a free consultation with a dedicated Lakeland wrongful death lawyer and find out what legal recourse you may have.
