The attorneys of Shapiro, Goldman, Babboni and Walsh know how to help clients prove the four critical components of negligence that must exist in their claim:
1. the defendant had a duty to the deceased,
2. the defendant failed in that duty (breach of duty),
3. that the fatality was caused by the defendant’s breach of duty, and
4. that the survivors are entitled to damages as a result of the loss of their loved one.
The amount of damages awarded will depend on the plaintiff’s relationship to the deceased.
Every state has its own “statute of limitation”, which is the maximum allowable time in which to file a lawsuit. After this time a claim may be denied. In Illinois , a wrongful death action must be filed within two years of the date of death. Under certain circumstances the “statute of limitation,” or “notice provision,” can be significantly less than two years, so a lawyer should be consulted immediately on this issue.
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. In other words, if a loved one passes away because of another’s recklessness or negligence on July 1, 2005, you must file a Florida wrongful death claim by July 1, 2007. Failing to file a claim within Florida’s wrongful death statute of limitations may prohibit the deceased’s family from ever recovering compensation for your loved one’s death. It is imperative for you to file your claim as soon as possible.
The wrongful death attorneys of Shapiro, Goldman, Babbonni and Walsh understand what constitutes a wrongful death case and have successfully represented clients in similar matters. If you feel a loved one has been the victim of wrongful death, please contact us today for a free, no obligation consultation. Shapiro,Goldman,Babboni and Walsh handles wrongful death cases in Florida.