No matter how it happens, losing a family member due to an accident is a tragedy unlike any other. If your family has sustained a loss like this entirely because of another person’s negligent or wrongful act, you may have legal standing to file suit against that person. You may also understandably have questions about how this type of claim works and whether going through with one is worth the additional stress.
A Eustis wrongful death lawyer could answer your questions and offer detailed advice about your options. Then, if you choose to pursue a claim, your dedicated personal injury attorney could work tirelessly on your behalf to ensure your case has the best possible resolution.
The main differences between wrongful death litigation and a homicide or manslaughter case is that the former is purely a civil matter, whereas the latter is purely a criminal matter. This means each case will go through distinct and separate legal processes in different state courts, and the outcome of one case will have no direct bearing on that of the other. In other words, even if someone is acquitted of criminal charges related to someone else’s death, they may still be civilly liable for causing it to happen.
Additionally, civil claims have a much lower standard of proof in order to get a verdict in their favor. More specifically, wrongful death claimants only have to prove the defendant is more likely than not at fault for the death in question, while a criminal prosecutor would have to establish guilt “beyond a reasonable doubt.” A Eustis wrongful death attorney can go into further detail about how the two types of cases may interact during a confidential consultation.
Under Florida Statutes § 768.19, a wrongful death claim may proceed in any situation where the deceased person would have had grounds to file suit over their injuries had they ultimately survived them. The wrongful death claim is the deceased person’s own claim “surviving” their death for the benefit of their immediate family members.
As per Fla. Stat. § 768.20, the only person with legal standing to bring a wrongful death claim forward is the deceased person’s personal representative, sometimes called an “executor.” This personal representative can seek recovery on behalf of both the deceased person’s surviving family members and of the deceased’s estate.
Specific losses which may be recoverable through a wrongful death claim—in accordance with Fla. Stat. § 768.21—include:
A wrongful death lawyer in Eustis could provide vital assistance with navigating state law efficiently in order to achieve a favorable outcome.
The sudden loss of a loved one can greatly affect the psychological and financial health of their family. Anyone whose reckless, careless, or illegal conduct directly results in another person’s premature death should be held financially accountable for the losses their actions have caused. However, this is not a simple process, especially if you try to do so without capable legal counsel on your side.
A compassionate Eustis wrongful death lawyer could be there to manage your legal claim while you put the pieces of your life back together. Call today to schedule a private consultation with The Umansky Law Firm.
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