Losing a loved one is an emotionally trying experience to endure, especially if their loss was because of someone’s negligent or intentional bad acts. Under personal injury laws, the person or organization that caused your family member’s death may still be accountable for their actions even if your loved one is not alive to take this step. Taking part in a lawsuit against those responsible may allow you to voice your grievances and seek justice.
Partnering with a Cocoa Beach wrongful death lawyer could allow you to take action without interrupting your grieving process or adding more to your plate. Our managing partner is a compassionate personal injury attorney has seen firsthand how trauma and injustice can tear through a person’s sense of self. His personal experience helps him empower his those seeking justice through effective and compassionate advocacy.
When someone else’s conduct is fatal to your loved one, that person may be legally liable for the consequences. As explained in Florida Statutes § 768.19, you may have a claim if you can draw a causal connection between a person or agency’s actions and your family member’s death. You might be entitled to compensation if someone driving a semi-truck drank too much alcohol and got into a fatal crash with your loved one.
Likewise, if someone caused a death while committing a crime, you may be able to file a civil lawsuit against the perpetrator. In many situations, taking this step may not require you to wait for the wrongdoer to be convicted or even have criminal charges pending against them.
Under Fla. Stat. § 95.11, you may have two years to file suit—unless an exception applies. For instance, a different deadline may apply to an eligible survivor who is under 18 or to those whose loved one died because of someone else’s intentional actions. Our Cocoa Beach attorneys could be a vital asset as you determine whether filing a wrongful death lawsuit to avenge your loved one’s death makes sense or is possible in your situation.
As Fla. Stat. § 768.20 discusses, the personal representative of the person who died (the decedent) is responsible for bringing a claim on behalf of the decedent’s estate and surviving family members. In other words, the individual relatives may not file separate legal cases. Instead, the deceased person’s representative—who might be someone named in the decedent’s will or appointed by the court—takes this step on behalf of the family.
If the at-fault person (the defendant) dies before the lawsuit’s conclusion or filing, the defendant’s personal representative takes their place. Put another way, the right to sue for a death does not always end because the specific person who is to blame passed away. Their personal representative may take their place in the lawsuit, just as the casualty’s representative does so for them.
The rules around who qualifies to file or benefit from a wrongful death claim in Cocoa Beach can be confusing, and you may find it helpful to work with a seasoned lawyer. Our attorneys understand and respect your grief. We could investigate what happened and offer legal recommendations about the potential next steps.
When someone you care about is taken from you because of negligence, abuse, or criminal actions, you may feel confused, angry, and heartbroken. As you navigate your grief and the legal repercussions of the incident, consider getting support from a trained attorney.
At our law firm, we devote a significant amount of attention, time, and resources to fighting for those impacted by the wrongdoings of others. We respect the acute pain and anguish you may be enduring because of your loss, and we could help provide clarity in your search for a fair resolution. Reach out to a Cocoa Beach wrongful death lawyer on our team to discuss your options during a no-obligation consultation.
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