In Florida, wrongful death refers to a death caused by the wrongful act or negligence of another party. The Florida Wrongful Death Act allows the deceased person’s estate to sue on behalf of surviving family members for damages resulting from the wrongful death. This means the survivors can seek compensation for their losses, including financial and emotional damages.
A Clermont wrongful death lawyer can thoroughly investigate the circumstances of the death of your loved one, gathering evidence like police reports, medical records, and witness statements to determine liability and the extent of damages. A personal injury attorney working in these claims can represent the family in court, presenting evidence, questioning witnesses, and arguing the case on behalf of the deceased’s estate and beneficiaries.
In Florida, wrongful death lawsuits allow a victim’s survivors to sue if their death was caused by someone else’s negligence or other wrongful act. The lawsuit is filed by the personal representative of the decedent’s estate, but damages are for the benefit of the survivors. This representative acts on behalf of the estate and the deceased’s family members or beneficiaries.
This compensation is intended to help families cope with the financial burdens of burial expenses, lost income, and other related costs, as well as address the emotional impact of the loss, including pain and suffering, loss of companionship, and grief.
The personal representative is often the surviving spouse, a child, or another family member, but may be someone else appointed by the court or named in the deceased’s will. The statute of limitations for filing a wrongful death claim is two years from the date of death.
Common causes of wrongful death claims include car accidents, especially those involving drunk, distracted, or aggressive drivers. Other significant causes include workplace accidents, pedestrian accidents, and dangerous property cases. Product liability claims, where a defective product causes death, can also give rise to a wrongful death claim. The lawsuit must demonstrate that the defendant’s actions (negligent or intentional) directly caused the death. This includes proving a duty of care, a breach of that duty, and a causal link between the breach and the death.
It is important to hire a wrongful death attorney in Clermont who possesses the experience to navigate the complexities of these claims and maximize potential compensation for the family’s losses. We can effectively investigate the cause of death, gather necessary evidence, and negotiate with insurance companies to secure a fair settlement.
In Clermont, wrongful death lawsuits allow surviving family members and the deceased’s estate to recover damages for their losses. These damages are broadly categorized as survivor damages for the family and estate damages for the deceased’s estate. The amount recovered depends on the nature of each party’s losses, but can include:
Wrongful death claims are complex and involve legal procedures requiring unique knowledge. A Clermont attorney with wrongful death experience understands the specific requirements and can build a strong case.
Insurance companies may offer minimal compensation, but an attorney can effectively negotiate a fair settlement that adequately compensates for the family’s losses. The legal process is time-consuming and complicated, with strict deadlines. We can manage the process, allowing the family to focus on healing and grieving.
Wrongful death claims also serve to hold the responsible party accountable for their actions and to deter similar negligent or harmful behavior in the future. A Clermont wrongful death lawyer can help families seek justice and accountability for the wrongful death of a loved one.
An attorney can also help ensure that your family’s legal rights are protected. Contact The Umansky Law Firm today to request your free, no-obligation case consultation.
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