It might seem impossible to move forward after the unexpected, preventable death of a loved one. Grieving families might find some satisfaction in working with a compassionate personal injury attorney to pursue a wrongful death lawsuit. The money that the family receives could alleviate the financial hardship of losing a family member who contributed to the household.
Speak with a Winter Garden wrongful death lawyer so they could review your legal options and let you know what to expect if you decide to pursue a lawsuit.
A wrongful death lawsuit is possible when an accident or intentional criminal act results in a senseless death. The family must show that another party’s negligent or criminal conduct caused the situation that led to the tragedy. A wrongful death lawsuit could be possible if a loved one died because of a:
A Winter Garden attorney could explain whether the circumstances surrounding a wrongful death could support legal action.
A civil lawsuit is independent of any criminal action a prosecutor might pursue. A criminal prosecution could punish the wrongdoer but does not provide any benefit to the victim’s family. A wrongful death lawsuit in civil court results in a financial award to the family, but the defendant does not face jail or other penalties if they lose a wrongful death lawsuit – only in a criminal one.
A member of the deceased’s immediate family or any household member financially dependent on them could file a wrongful death lawsuit. Eligible immediate family members include a surviving spouse, children, and parents. If no immediate family members survive the decedent, the estate’s personal representative could file.
All immediate family members share in the proceeds of a wrongful death action. If no immediate family survives, the personal representative distributes the proceeds to the deceased person’s heirs. A Winter Garden attorney could explain how the funds from a wrongful death lawsuit would be distributed.
Florida Statutes § 95.11 (4) requires the family or personal representative to file suit within two years of the death. If medical malpractice led to the death, the survivors must file a lawsuit within two years of the death or the discovery of the cause of death, but no later than four years after death.
A family’s compensation from a wrongful death lawsuit is called their damages. Although money can never make up for a life cut short, financial compensation is the only remedy available in the civil law system.
The family could claim damages for losing their loved one’s protection, companionship, guidance, love, and support. They also could seek compensation for the value of the household services the deceased person provided. They could receive damages for their emotional suffering from the date of the incident that led to death. A Winter Garden attorney could help a family calculate the damages they suffered due to their loved one’s death.
In addition, the decedent’s estate could receive damages to reimburse funeral expenses and medical expenses related to the fatal incident. The estate also could collect the income the deceased would have earned over their natural lifespan if they had lived. The money that the estate collects is applied to the decedent’s debts. Any remaining funds are distributed to their heirs.
Dealing with practical matters while you are grieving can sometimes be challenging. However, a wrongful death lawsuit against the parties that contributed to the fatal incident could help you and your family find closure.
A Winter Garden wrongful death lawyer could assert claims against every party that contributed to your loved one’s accident. A successful legal action could offer financial security and peace of mind for the future. Call today to discuss your situation with a compassionate legal professional.
The Umansky Law Firm Criminal Defense & Injury Attorneys