All tragedies are unwelcome, but when a loved one is taken from you due to another’s wrongdoing in St. Petersburg, the emotional and financial burden is multiplied. Let a wrongful death attorney help you mitigate the financial expenses, loss of support, and feelings of helplessness that the demise of a parent or a spouse leaves. Do not suffer alone. Let McDermott Law Firm, P.A. help you to reconcile some of the financial burden resulting from the passing of your family member.
A Wrongful Death Attorney Can Help Survivors File Suit
There are legal and relational restrictions as to who can file a claim in St. Petersburg. Talk to your wrongful death attorney if you have any questions about whether you can file suit. There must be monetary losses for the person bringing the claim to validate their suit. In many cases, not only are there family ties, but financial and psychological dependence between the decedent and the survivor as well. The following are examples of who is legally able to file a claim:
- Personal representatives. If the decedent has selected an executor of their estate, that person can file a claim on behalf of the surviving family members.
- Spouses. The surviving spouse of an individual who died a wrongful death in St. Petersburg can file a claim for loss of support, companionship, and the loss of services. However, certain situations, such as a pending divorce, will limit the spouse’s legal right to make a claim.
- Parents. In cases where a parent loses a child who is under the age of 25, the parent may be able to make a claim to receive compensation to cover funeral expenses, loss of services, support, psychological suffering, and even medical care expenses.
- Children. Although certain legal restrictions are in place, in general, children of any age in St. Petersburg may file a claim for the loss of their parent. Loss of support services, guidance, instruction, and companionship are valid damages in a case like this.
- Other relatives. Other family members related by blood or through legal ties such as adoption may be able to file a claim in cases when the tragedy has stripped them of support, services, or has caused them to incur other financial losses.
Discuss your situation and relationship status with your wrongful death attorney. Every case is different, and sometimes it may not be obvious whether you have the legal right to file a claim for the passing of a loved one in St. Petersburg. Your lawyer will help you understand your legal and relational rights in your particular case.
What Evidence Helps Your Wrongful Death Attorney?
When filing a claim, there must be proof that the person died as a result of another individual or entity. Evidence should prove that negligence or intentional harm was the cause of the demise. To build the case, four main elements are taken into account.
- Negligence: the failure to do something that another person, company, or entity was legally required or expected to do, but did not, which in turn caused the demise. Sometimes this can simply mean the failure to employ safety measures or the failure to provide some other legal “duty of care” for the general public or other person or entity.
- Breach of duty:the accused owe some form of service to the deceased individual.
- Causation: evidence proving that the defendant or entity caused the wrongful death.
- Damages: To recover damages, there must be a financial loss that is related to and caused as a result of the demise. Losses may include medical expenses, funeral and burial costs, income loss, potential earnings, inheritance, as well as pain and suffering, loss of guidance, loss of protection, and loss of companionship.
An unjust death can happen anywhere, and when it does, the survivors suffer. Call your wrongful death attorney if intentional violence caused the tragedy, accidents on the road, work related injuries, medical malpractice, or cases in which the person relies on supervised assistance in St. Petersburg.
Do Not Grieve Alone. Let McDermott Law Firm, P.A. Help
If you are the survivor of someone whose life was cut short for unfair reasons, let your wrongful death attorney take action against the injustice in St. Petersburg. Call the team at McDermott Law Firm, P.A. to discuss your case to see if some of the financial losses you suffered may be redeemed. Give us a call today at 727-3671080 to schedule your consultation today.