When you are grieving the loss of a loved one, it can be difficult to face the legal and financial concerns that may arise as a result. These concerns only become compounded when the loss is due to wrongful death.
As a surviving family member of someone who passed away due to wrongful death, you have the right to pursue justice and any forms of monetary compensation for which you and your family qualify.
A wrongful death lawyer in The Villages from Bogin, Munns & Munns can work to defend your family’s rights after the wrongful death of a loved one. Our legal team is passionate about pursuing justice, and we will put our experience to work for you. Call our office today at (352) 391-6031.
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Negligence and Wrongful Death
Many different acts of negligence or maliciousness can lead to wrongful death. The nature of your loved one’s death will help to determine the kind of evidence you will need to provide in a wrongful death case.
One of the most common circumstances in which wrongful death occurs is a vehicle collision. Other situations that can result in wrongful death include:
- Workplace accidents.
- Incidents of nursing home abuse.
- Criminal acts, such as assault and robbery.
Wrongful Death in an Auto Accident
Automobile accidents cause wrongful deaths all across the country each year. Negligent driving behaviors are responsible for many of these fatalities. Examples of these behaviors include:
- Driving after consuming drugs or alcohol, which can inhibit the driver’s ability to safely operate a motor vehicle.
- Drowsy driving, which can cause a driver to fall asleep at the wheel.
- Reckless driving, such as speeding, running lights or stop signs, and failing to yield.
- Distracted driving, which can refer to driving while texting, eating, talking on the phone, or any other activity that takes a driver’s focus off the road.
Wrongful Death in the Workplace
Some jobs involve working in high-risk environments or using dangerous tools. This can increase a worker’s chances of experiencing wrongful death if the employer fails to provide the right safety equipment and procedures to keep its employees safe. In this case, the employer could be liable for the death and any associated damages.
Elder Abuse and Wrongful Death
Nursing home residents have a right to quality care and a safe living environment, yet hundreds of elderly abuse cases get reported every year. While some elderly abuse involves financial exploitation, many other forms of abuse can lead to wrongful death. For example, the following types of abuse may lead to wrongful death in a long-term care facility:
- Neglect, such as failure to provide food and water or administer medicine and other basic items needed to live
- Physical abuse, which can cause injury or worsen current health conditions or disabilities and lead to death
- Medical malpractice, such as providing the wrong medication or offering a fatal dose
Nursing home facilities that fail to instruct their staff on how to provide proper care to their residents may be liable in a wrongful death case. Meanwhile, some situations pin liability on the actions of a particular employee or caregiver. A legal team’s investigation will take these factors into account when seeking to establish liable parties.
Wrongful Death in a Criminal Act
Not all incidents of wrongful death occur because of neglect. Some happen as a result of malicious activity, such as during a robbery or an assault. In cases like this, the responsible party may face both a criminal case and a civil case.
If you lost a loved one due to a neglectful or malicious act like those listed above, you may be able to recover compensation and other damages. A Villages wrongful death lawyer from Bogin, Munns & Munns can fight for justice on your behalf. If you choose us to represent your family, we will compile evidence to aid in building a case that supports your legal position.
Our lawyers will also communicate on your behalf throughout the process and keep you and your family updated on the case. To speak to someone in our office about your situation, call us today at (352) 391-6031.
To consult with an experienced bankruptcy lawyer serving Titusville, call 855-780-9986
How a Wrongful Death Lawyer Can Help
A lawyer who accepts wrongful death cases may work on your behalf to arrive at a just outcome. First and foremost, this will begin with investigating the details of the incident that caused the wrongful death of your family member.
The investigative process involves the gathering of evidence that can assist your lawyer in determining the liable party. Possible forms of evidence that a lawyer may collect include:
- Eyewitness testimonies.
- Phone records.
- Maintenance reports.
- Photo and video evidence.
In addition to making use of evidence like this, your lawyer will also assess the applicability of any state or federal laws that may be relevant in your situation. In Florida, some state-specific laws may come into play.
Once your case is ready, an attorney will negotiate a settlement with any other parties involved in the act of negligence or misconduct that led to wrongful death. In doing so, they will work to pursue any compensation that you may be able to recover.
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If you and your family members have lost a loved one because of negligence or misconduct, you have the right to go after recoverable damages from the responsible party. Doing this on your own can be difficult and stressful, but lawyers who focus on these cases can stand by your side to offer you guidance and support as you traverse the legal system.
A Villages wrongful death lawyer from Bogin, Munns & Munns will communicate with other parties involved in an incident of wrongful death on your behalf. When you work with us, our legal team will also negotiate a settlement and defend your rights in a trial, if needed.
We understand how tough it can be to lose a loved one to a negligent act, and we are here to lighten your load. Call our office today at (352) 391-6031 for more informationIf you are tired of facing the burden of overwhelming debt or the dread of receiving a call from your creditors, the protection of the bankruptcy code might be for you. Titusville residents file for bankruptcy each year in an effort to stave off creditors and discharge their debts.
If you are ready for a fresh financial start, a bankruptcy lawyer from our Titusville office can help. Our firm is ready to help you prepare for your filing and develop a plan that is right for you. We look forward to helping you relieve the heavy burden of debt that is on your shoulders.
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How a Bankruptcy Attorney on Our Team Could Help
There are many different ways an attorney with our firm could prove to be invaluable during the course of your bankruptcy. Each stage of bankruptcy is complex, and our guidance can help make this process smoother.
Planning Your Bankruptcy
Much of the work in your bankruptcy case will be done before anyone ever files anything. For starters, this could involve considering other options besides bankruptcy. Arguably the most important step your attorney could take is to help the debtor determine which type of bankruptcy might be right for you.
If you are considering Chapter 7 bankruptcy, one of the most important tasks your attorney can take on is the calculation of the means test. This process involves applying federal law to ensure that you qualify for liquidation bankruptcy.
After Filing the Petition
Initiating the bankruptcy process involves filing a bankruptcy petition. This petition includes a series of documents known as schedules. These schedules provide the court with your assets, liabilities, and other financial information relevant to your bankruptcy. Additionally, the schedules list your creditors and provide your contact information.
Once the petition has been filed, you participate in a meeting with your creditors. This meeting involves a sit-down with the bankruptcy trustee. During this meeting, the trustee will ask questions about your case. You have the right to have your attorney present throughout the meeting.
Your attorney could also negotiate with your creditors during the process. This is helpful in Chapter 13 cases where convincing creditors to accept less than the full amount of debt could be critical to having the bankruptcy plan approved.
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Chapter 7 vs. Chapter 13
As a consumer, there are two primary options available to you under the bankruptcy code. These options include filing for Chapter 7 or Chapter 13 bankruptcy. While there are other types of bankruptcy, those are typically reserved for commercial entities.
There are significant differences between Chapter 7 and Chapter 13. While each potentially could lead to a discharge of your debt, the process and timeframe of each type of case will vary substantially. A bankruptcy lawyer in Titusville could advise you on both types of claims.
Chapter 7 is more commonly known as liquidation bankruptcy. This type of bankruptcy earns its name from the fact that the bankruptcy trustee has the power to sell off your assets to pay your debts. Once your assets are liquidated, the remaining debt is typically discharged.
While that might sound harsh, the reality is that there are many exemptions that could apply in your Chapter 7 case. These exceptions could protect specific assets from liquidation, including your clothing, your vehicle, and even your home. Due to these exemptions, most people are not forced to liquidate much of their assets.
Many people favor Chapter 7 because of how quickly these cases can be resolved. It is not unusual for a Chapter 7 case to take as little as a few months from beginning to end. At the end of these cases, any remaining debt will largely be discharged.
The downside to Chapter 7 bankruptcy is that not everyone will qualify. Unlike Chapter 13, liquidation bankruptcies are means-tested. In other words, you must fall below a certain income threshold to be allowed to pursue Chapter 7. Calculating whether or not you meet the means test is done with a document known as Form 122A-2. Debtors that do not qualify for Chapter 7 have the option to convert their case to a Chapter 13 bankruptcy.
A Chapter 13 bankruptcy also has the potential to eventually wipe out your remaining debt as well. However, the process of obtaining a discharge through this type of bankruptcy is very different. According to the United States Courts, typically, debtors must make a plan to pay back their creditors each month over the course of three to five years. This allows them to pay back a portion of those debts before discharging the rest.
Chapter 13 is common for debtors with substantial assets along with their debts. In cases where debts are secured by collateral, the Chapter 13 process can allow a debtor to either get caught up on these debts or make arrangements to surrender the collateral.
Chapter 13 bankruptcy involves a plan that is created by the debtor and approved by the court. The plan will outline how much the debtor pays to the trustee each month and how those funds are distributed.
Pursue a Fresh Financial Start Through the Help of a Bankruptcy Attorney
If you have questions about how bankruptcy could impact your life, our firm is ready with the answers.
The team at Bogin, Munns & Munns is proud to help provide the financial fresh start our clients deserve. We work tirelessly to ensure the bankruptcy process goes as smoothly as possible. If you are ready to face down your debts, hire a Titusville bankruptcy lawyer from our firm today. Call us at (321) 567-5470.