Wrongful death occurs when a person dies due to the negligence or wrongful actions of another. This can happen in various scenarios, such as car accidents, workplace accidents, or medical malpractice.
Wrongful death can be a difficult subject to talk about and an even tougher one to deal with. The legal disputes that arise from these situations are varied and complex, and it is important to act quickly with a good law firm by your side to get the justice that you and your family deserve.
The Law Place is here to help you at every step of this process, providing the legal means to bring a lawsuit against the parties responsible. We guarantee a qualified team of lawyers who work together on all cases, ensuring a thorough and experienced approach to the individual needs of your case.
Call The Law Place for a free consultation and let us guide you through the muddy waters of a wrongful death lawsuit. Contact us for your free consultation today on (941) 444-4444.
What Qualifies as a Wrongful Death Lawsuit?
Wrongful death lawsuits are when legal action is brought against parties believed to be intentionally, recklessly, or negligently responsible for the preventable death of an individual. Wrongful death claims are very specific under Florida law. A wrongful death, according to Florida Statute 768.21, requires a preventable death to have been caused by the following:
- Negligence.
- Breach of contract or warranty.
- The wrongful act of a person or entity.
Wrongful death claims may entitle survivors and family members of the victim to punitive damages. Money can never bring a loved one back, but it may provide comfort and some semblance of peace in a time of grievance. Call The Law Place when you are ready for justice. File your wrongful death action and pursue legal action against those responsible with a team of experienced attorneys with your best interests at heart. According to Florida’s Statute of Limitations, Florida Statute 713.23, the lawsuit must be filed within two years. A wrongful death claim is never easy, but we can help you work through the legal action necessary to find peace of mind.
What Are the Damages That Can Result From a Wrongful Death Claim?
Punitive damages resulting from a wrongful death claim may vary depending on the circumstance and the parties involved. Close family members or a personal representative elected by the deceased in their will can seek remuneration through wrongful death action. There are different kinds of damages available to you in your wrongful lawsuit. Our law firm is here to guarantee you maximize the compensation you are entitled to based on the damages you can claim.
Mental Pain and Suffering
Close family members may be entitled to claim damages from resulting mental anguish and personal pain that is caused by the decedent’s death. These typically include a spouse or minor child under the age of 25. An adult child may also claim damages if there is no surviving spouse available. If there is no spouse or child of the deceased, parents may file a lawsuit for wrongful death. Medical malpractice is the only circumstance in Florida where adult children or parents of the decedent cannot sue for damages. If you feel the pain and suffering after your loved one’s wrongful death, you are entitled to claim damages based on that anguish.
Florida’s wrongful death law is different from many other states in that claims cannot be made on the basis of the pain and suffering the victim experienced before death. Anguish related to the personal injury sustained by the victim, and how long their suffering lasted, cannot be the basis for additional damages to be claimed. Family members cannot sue for this reason.
Loss of Support and Services
Close family members of the deceased may be entitled to damages based on the valued loss of support and services that the deceased provided to them. These can include money, property, and physical labor. The amount of the victim’s probable net income calculated with their life expectancy may be claimed. In addition, the value of the deceased’s services rendered to the survivors may be calculated into any potential claims. For example, you may claim the loss of household services, such as mowing the lawn or doing the dishes and the value they provided. The surviving spouse or minor child is entitled to such a claim. Adult children or parents may be entitled if there is no surviving spouse or children. All damages of this nature are related to the past and future value that the victim would have provided if not for their unexpected death.
Medical Bills and Funeral Expenses
Any medical bills or funeral expenses that may have been paid by the survivors or estate of the deceased may be claimed as damages. An unexpected death can result in unforeseen expenses and can be used in the death claim to cover past and future costs.
Estate Claims
Damages can also be claimed by the decedent’s estate. Potential future earnings and the accumulation of value had the person not died can be claimed as damages. These can include pension benefits and investments in property and stock markets, among other things. Devaluation of these investments caused by unexpected death may result in additional remuneration. The estate can claim these damages against the defendant in a wrongful death action.
We’re here to serve you. Our phones are open 24 hours a day. Is Wrongful Death a Felony?
Although the death of someone may result in charges being filed against them by the state, wrongful death claims do not constitute a felony. A wrongful death claim is a civil suit, meaning there are no criminal charges brought against the defendant. Felony cases are determined by the state’s attorney and can result in prison time or fines paid to the state. Wrongful death actions cannot result in imprisonment, only financial compensation. Felony charges must be filed with the police and determined by the state.
We’re Florida’s top litigation team with over 75 years of combined experience What Does Wrongful Death Mean? FAQ
Who can file a wrongful death suit?
Immediate family members, such as spouses, children, or parents of the deceased person, are typically eligible to file a wrongful death suit. A wrongful death lawyer can provide specific guidance based on your situation.
How do wrongful death lawsuits differ from personal injury claims?
While personal injury claims seek compensation for injuries sustained by the victim, wrongful death lawsuits are filed by the surviving family members to seek justice and obtain financial support for the loss of their loved one.
What types of compensation can be sought in wrongful death cases?
Wrongful death cases can seek monetary compensation for medical expenses, funeral costs, loss of income, emotional suffering, and other economic damages related to the victim’s death.
How does a wrongful death settlement work?
A wrongful death settlement is an agreement reached between the surviving family members and the negligent party, often facilitated by wrongful death lawyers. It provides financial compensation without going to trial.
Can wrongful death cases arise from motor vehicle accidents?
Yes, wrongful deaths can occur from motor vehicle accidents when a negligent party fails to obey traffic laws, leading to a fatal accident.
What is the role of a wrongful death attorney?
A wrongful death attorney represents the interests of the surviving family members in court, helping them navigate the legal process, gather evidence, and advocate for fair compensation.
Are wrongful death suits connected to criminal prosecution?
Wrongful death suits are civil actions and separate from any criminal prosecution. A criminal case can proceed independently, focusing on punishing the negligent party, while wrongful death lawsuits seek financial restitution for the family.
What steps are involved in filing a wrongful death case?
Filing a wrongful death case involves several steps, including consulting with wrongful death lawyers, investigating the circumstances of the family member’s death, gathering evidence, and submitting the claim to the appropriate court.
What is the statute of limitations for filing a wrongful death lawsuit?
The statute of limitations varies by state, but it is crucial to file a wrongful death lawsuit within the legally specified time frame to avoid losing the right to seek compensation.
Can economic damages be recovered in wrongful death cases?
Yes, economic damages such as lost wages, medical expenses, and funeral costs can be recovered in wrongful death cases to help the surviving family members cope with the financial impact of their loss.
How do wrongful death lawyers help in these cases?
Wrongful death lawyers assist by providing legal advice, handling paperwork, negotiating settlements, and representing the family in court to ensure they receive the compensation they deserve.
Can wrongful death cases result from workplace accidents?
Yes, workplace accidents that result in a person’s death due to employer negligence or unsafe working conditions can lead to wrongful death cases.
What can surviving family members do to seek justice after a wrongful death?
Surviving family members can seek justice by consulting a wrongful death lawyer to understand their legal rights, file a wrongful death claim, and pursue compensation for their loss.
How does the legal process work in wrongful death suits?
The legal process in wrongful death suits involves filing the claim, serving notice to the negligent party, gathering evidence, negotiating with insurance companies, and potentially going to trial if a settlement is not reached.
What kind of support can be expected from a wrongful death attorney?
A wrongful death attorney provides comprehensive support, including legal representation, emotional support, and assistance with understanding and navigating the complexities of the legal process.
What distinguishes a wrongful death case from other personal injury cases?
A wrongful death case specifically addresses the loss of a loved one due to another’s negligence, focusing on the impact on the surviving family members, while personal injury cases address non-fatal injuries.
Can emotional suffering be compensated in wrongful death lawsuits?
Yes, emotional suffering and loss of companionship are considered non-economic damages and can be compensated in wrongful death lawsuits.
How do wrongful death lawyers calculate monetary compensation?
Wrongful death lawyers calculate monetary compensation based on various factors, including medical expenses, lost income, funeral costs, and the emotional and financial impact on the surviving family members.
Why is it important to hire an experienced wrongful death attorney?
Hiring an experienced wrongful death attorney is crucial because they have the experience to handle complex legal issues, negotiate with insurance companies, and advocate for the maximum compensation for the family’s loss.
From the initial call to updates on your case status, we are here to get you answers. Consult Our Experienced Team of Wrongful Death Attorneys Today
Have you experienced the loss of a loved one? Do you think their death may be the result of the reckless, negligent, or intentional actions of a person or entity?
Contact The Law Place to schedule a free consultation and find out what damages you may be entitled to. Our experienced team of lawyers work together on every case. No stone will be left unturned in our thorough approach to the individual needs of you and your family. File your wrongful death action with us to make certain you have the best available law firm on your side. We guarantee exceptional legal aid during your time of tragedy.
Focus on healing the wounds left by the unexpected departure of your loved one. Let us deal with the rest. Call The Law Place on (941) 444-4444 for your free consultation today.
