A loved one’s unexpected death is a devastating occurrence. When the initial shock subsides, a family might face crippling financial difficulties in addition to their grief.
If another party’s reckless, negligent, or criminal act caused your loved one’s death, a wrongful death lawsuit could provide financial relief. Money cannot reduce your sorrow but it could help you pursue the loved one’s goals for their family.
Contact a trusted personal injury attorney as soon as possible after your loved one’s death. If you decide to move forward with legal action, a Mount Dora wrongful death lawyer could help you hold the parties who caused your loved one’s death accountable for their actions.
When a party’s actions or inaction caused someone’s death, a wrongful death lawsuit could be an appropriate legal response. The responsible party could be a person, company, institution, unit of government, or some combination of these.
Almost any fatal incident could result in a wrongful death case if someone other than the deceased person was primarily at fault. A family could bring a wrongful death lawsuit if their loved one died because of a:
Other accidental deaths could support a wrongful death lawsuit, so it is important to consult a Mount Dora attorney about a specific situation. Incidents that cause fatalities sometimes, but not always, lead to criminal charges. If a prosecutor decides to bring criminal charges, a family could still pursue damages in civil court. The outcome of the criminal case does not affect the potential civil liability of the person responsible for a fatal incident.
Florida Statutes § 768.20 describes who may be the plaintiff in a wrongful death lawsuit. The plaintiff is the person who files the lawsuit and seeks damages. The law says that the estate’s personal representative must file the case. If the deceased person had a will, the will names the personal representative; and if they did not have a will, then a Probate Court would name a representative, who is usually a family member.
Although the personal representative is the plaintiff in the lawsuit, the deceased person’s family members receive the money if it is successful. Their spouse and children can receive compensation from the lawsuit proceeds but other family members might be eligible if they can prove they were financially dependent on the deceased person. If the person who died was a child, their parents would receive the compensation.
The deceased person’s estate also could receive money from a wrongful death lawsuit, which can go toward settling the deceased person’s debts. Any money left over is distributed in accordance with the deceased person’s will, or to the family if they did not have a will. A Mount Dora wrongful death attorney could explain how the money directed to the estate could be distributed in a specific case.
Florida has a complicated system of awarding damages in wrongful death cases. Every family member is entitled to claim for their losses due to their loved one’s death.
The party responsible for the loved one’s death must pay the survivors the value of the deceased person’s income. If the deceased person’s income supported or helped to support a household, everyone in the household could claim a portion. If the deceased person helped elderly parents or children with their bills, those relatives could claim those payments as damages. Household members could claim the value of the deceased person’s services to them—a spouse might claim for their services as a childcare provider, and a child might claim for the value of their help with homework, for example.
A spouse can claim for the loss of the deceased person’s companionship and for their mental pain and suffering. If no spouse survives, the deceased person’s children could claim these losses. A Mount Dora attorney could work with a family and ensure everyone can claim all the damages they are entitled to receive.
Money cannot compensate for your loved one’s early passing, but it can make moving forward afterward less stressful. Pursuing a wrongful death claim could ensure your family’s financial security and provide the satisfaction of holding the at-fault party accountable.
Contact a Mount Dora wrongful death lawyer if another party caused the situation that led to your loved one’s death.
The Umansky Law Firm Criminal Defense & Injury Attorneys
