The death of a loved one is never an easy thing to deal with but when it could have been avoided, it feels like an almost impossible dilemma. Beyond dealing with the death itself, loved ones must deal with making arrangements for the funeral, dealing with the properties and personal belongings of the person who died, and managing all the financial challenges that come along with everything else. It’s times like these when you need a wrongful death lawyer. Miami has plenty of lawyers, but not all of them know how to manage wrongful death situations.
Is it Wrongful Death?
One of the first things to be determined is whether the case is a wrongful death case or not. You can bet that the defense is going to try to prove that it wasn’t. To be considered a wrongful death, the death has to occur as a direct result of a person or entity’s actions. Even if the person in question died, it’s crucial to determine if the death was caused by the other party’s negligence or by some unrelated cause. However, it isn’t always easy to figure out yourself, especially with the added tragedy of losing someone you love. If you aren’t sure, an experienced attorney can help you sort through the details.
The Burden of Proving Wrongful Death
It’s up to you, the plaintiff, to prove that the death was a direct result of someone else’s actions. The defense simply has to create a strategy to prove that your evidence does not ultimately demonstrate that they are responsible for your loved one’s death. Their defense relies on combating the details of your claim, which is why it is important in wrongful death cases that you look to attorneys with experience, like Lavent Law. If even one small detail is out of place or overlooked, you could lose your case altogether. If someone else is responsible for your loved one’s death, you and your family members deserve to be compensated.
Although the most obvious type, the damages in a wrongful death case don’t stop at the loss of life. The person who died is not the one pursuing the case. It is the people who suffer from the loss of that person who pursue it. It’s difficult to measure the impact that a person has on your life, much less the impact they could have had if they were allowed to live. Crucial points of consideration such as loss of time spent with that person, as well as any financial burden created as a result of their death, are all used to measure the damages in wrongful death cases.
Consider some of the details that changed your life when your loved one died. Did you have to take time off work to deal with the emotional loss? Did that time off work impact your position at all? If you were dependent on that person for their wages, you should also consider how much was lost that wouldn’t have been if not for the other person’s actions. You can demonstrate the value of your loss through pay stubs and employment history or the amount can be prorated to measure just how much future monetary loss is possible.
Costs are different from losses because they involve cash you have to spend, rather than cash lost due to the death. Consider details such as who paid for the funeral and who is covering medical bills created before the loved one passed away. All of these expenses can be addressed by Boris Lavent, a skilled wrongful death attorney, who knows the ins and outs of dealing with the loss of a loved one.
You don’t have to bear this burden alone. You may not be able to recover your loved one, but hopefully you will be able to recover from the event. Look for help in the form of a Miami wrongful death lawyer. Miami is teeming with life that is moving forward. Although it’s a difficult time to consider the financial aspect of your incident, Lavent Law is here to get you through it and help you and your family members move forward as well. This is a sensitive and difficult time and you shouldn’t have to try to deal with it alone. Please call our office for a consultation at 305-440-0450.