If your loved one passed away due to a criminal act or negligence in Florida, the person to help may be Morgan McGrath, a wrongful death lawyer in Stuart.
McGrath and her dedicated team at Berman Law Group recognize that there is nothing more serious than a wrongful death action.
“If you are looking for an attorney with ethics and integrity, you want Morgan McGrath. When you are looking to achieve the largest settlement you have coming your way, you want Morgan McGrath. And when you need an attorney that will go to bat for you above and beyond the others, then again…you want Morgan McGrath,” writes Arturo in the testimonial section of Morgan McGrath’s website.
Before you hire McGrath or any other wrongful death lawyer in Stuart or elsewhere, there are a few things you should consider.
Check Whether You Should Be Filing the Suit
Not everyone has legal standing to file a wrongful death lawsuit.
In general, according to Avvo, “A wrongful death lawsuit may be brought by an immediate family member or the appointed personal representative of the deceased’s estate. Immediate family members include a surviving spouse, domestic partner, or children, grandchildren if the child is deceased.”
Further, wrongful death suits may be applicable if death was caused by the harmful or negligent act of another person or people.
As McGrath points out on her website, “If one is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death. Wrongful death statutes vary from state to state, but in general, they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.”
Avvo states that there are some common types of wrongful death suits.
“Common types of wrongful deaths are from: medical malpractice, car or airplane accidents, nursing home abuse or neglect, and occupational exposure to hazardous conditions,” according to Avvo.
But such suits aren’t limited to just those common types.
In many cases, wrongful death suits can be brought even when there are criminal charges. According to McGrath’s website: “Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to exercise care to prevent injuries. A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim’s family for wrongful death.”
According to FindLaw, “Under Florida law, such a claim may be filed when the individual’s death was caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” Also, the state generally allows claims for damages incurred from when the injury occurred to the point of death, plus interest, in addition to projected future earnings.”
Why You Need an Attorney
Proving a claim takes plenty of work.
“In order to hold the defendant liable in a wrongful death claim, the plaintiffs in the claim (usually through the estate of the deceased victim) must meet the same burden of proof that the victim would have had to meet had the victim lived. So, using negligence as an example, this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover,” according to AllLaw.
As in some other legal matters, it may be tempting to go it alone and avoid hiring a wrongful death lawyer in Stuart such as McGrath.
In all likelihood, that would be a mistake.
“There’s only so much Googling that one can do in a situation like this. Additionally (presumably), all of you are grieving the loss of your loved one. Will you be thinking clearly enough to research all of the relevant statutory laws? What if there are federal laws, too? Are those double laws? Will you know all of the filing dates and be able to meet every discovery request? Each state has different conditions for wrongful death cases, and you will likely also be dealing with probate claims as well so you can disburse the decedent’s estate to all the legal heirs. These are only a few considerations to keep in mind. If any of those legal filing deadlines is missed, you might lose the right to file the case entirely and the negligence case will disappear,” writes Enjuris.
Further, the details of your case depend on just where you’re located.
According to FindLaw, “there are many differences among different state wrongful death laws. Determining the state in which you can (and should) bring a wrongful death action is a very important decision because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the timeframe within which you must file suit.”
Finding the right wrongful death lawyer in Stuart takes a little work. You’ll want to make sure they have solid experience, a track record, and the time and resources to devote to your case the work that it deserves.
“At the Berman Law Group, we bring all hands on a deck for clients dealing with a wrongful death. We want to make sure that we aggressively pursue your case, honor the life of the deceased, and provide you with an essential legal resource during these trying times. Attorney Mcgrath will be happy to meet with you at your location or secure you a safe and comfortable ride to her office. The Berman Law Group prides itself on compassionate and aggressive legal representation for all families dealing with a wrongful death legal case. We won’t stop until your case has exhausted every possible effort,” according to the firm’s website.
Again, McGrath’s clients can attest to her skill and effort.
“My husband was killed in a workplace accident. We were lost and didn’t know where to go or who to turn to. Ms. McGrath steered us through this difficult process. She not only helped us secure a settlement but became a family friend as well,” said Stacey R.