When someone dies due to a wrongful death, it can throw the surviving family members into chaos. They often want answers and justice for their loved one’s death, in addition to compensation for any damages.
Wrongful death occurs as a result of the negligence or reckless act of another person or institution, such as a company. Throughout the US and specifically in the State of Florida, surviving members of the person’s family have a legal right to seek compensation for their losses. When someone dies in this way, the survivors are often so grief-stricken and overwhelmed that they do not know where to turn.
This is a difficult time when the services of our experienced wrongful death lawyer are critical. You as the survivor may be overcome with grief and not know how to proceed. But, the injury lawyers at Zervos & Calta know the law and can advise you as to your legal rights. We will help you every step of the way through the legal process of receiving financial compensation for your loss. The compensation you deserve can range from funeral expenses and medical bills to lost income and support, as well as lost companionship, or loss of consortium.
A wrongful death claim, sometimes called a death lawsuit, is one that arises when a person dies as a result of another person’s negligence, recklessness or intentional misconduct. These lawsuits are different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit, rather it is the family members or the decedent’s estate. The purpose of a lawsuit is to provide relief to surviving family members who have been injured emotionally and financially as a result of the family member’s demise. The plaintiff in a wrongful death action is the personal representative of the decedent.
The types of damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. As such, a lawsuit is brought by a personal injury attorney to recover economic damages and non-economic damages for the injuries that the surviving spouse, family, or the estate have suffered due to the death of the victim.
Any situation in which a negligent or intentional act of one individual causes the death of another can be a wrongful death. Some of the more common types of claims are:
As painful as it may be to lose a loved one, the law will not provide compensation until you, the injured party, satisfy the burden of proof needed. Here, again, is where experienced wrongful death attorneys are essential. You should NEVER settle a wrongful death lawsuit without the advice of personal injury lawyers who are experienced in this type of claim. These are the general standards that a death lawsuit must satisfy.
This may vary from state to state. Usually, immediate family like spouses and children file a claim, as they are most affected by the loss of a family member and the financial support he or she provided. A personal representative of the estate of the deceased person is the person allowed to file a wrongful death lawsuit. The court will appoint someone if the deceased had no estate plan or will. And that claim is filed on behalf of the estate of the deceased person and any surviving spouse or family.
In filing the personal injury claim, the representative must list every survivor who has an interest in and right to compensation. Parents often make these claims as well. In some cases, people in the extended family may also make a claim if they were economically impacted by the death.
This can become complicated when there are children not born in marriage but who are blood relatives of the deceased. Another reason why talking with a wrongful death attorney is important is to make certain that the interests of all who have a rightful claim to compensation are represented. A personal injury attorney from Zervos & Calta, PLLC can help you determine who is entitled to file a death lawsuit.
The statute of limitations for filing in the State of Florida is four years. However, there are very specific instances in which that time limit for wrongful death statutes may be extended.
Florida wrongful death law specifies the types of damages that can be recovered in the Florida Wrongful Death Statute. These can be recovered by survivors and by the decedents estate seeking justice and include medical bills and other expenses, lost wages, the value of support and services, companionship and guidance, emotional and mental pain and suffering, as in the loss of a child.
Seeking legal advice is essential for people seeking to sue in order to receive the compensation and justice they are entitled to. Our wrongful death lawyer can advise you on whether or not you have a viable case and work to get you the best outcome possible. Anyone who is dealing with the death of a loved one and thinks that another person was at fault should speak with an experienced wrongful death attorney immediately.
Contact us by filling out the form on the right or call 727-937-3171 to schedule a free consultation. Your initial consultation at any of our offices is free.
Our injury attorneys at Zervos & Calta Personal Injury Law work on a contingency fee seeking justice for you, so we only get paid when we win.
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