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It is never easy to lose a loved one, and it is even worse when you are struggling with the financial burden and trying hard to make ends meet since their passing. If you have suffered the loss of a loved one as a result of someone else’s negligence, then you could be entitled to receive compensation.
There are very specific laws surrounding wrongful death in regard to who might be eligible to recover compensation. In the aftermath of the death of someone you love, you will need to hire a North Port personal injury lawyer to help you to handle your affairs.
At The Law Place, we have over seventy-five years of collective experience when it comes to protecting the rights of surviving family members in North Port and across the State of Florida. Our law firm has recovered compensation for a number of different wrongful death cases such as medical malpractice, car accidents, product liability accidents, and much more.
Our team of personal injury lawyers will provide you with legal advice and financial assistance to help you during this difficult time. If you have any questions, feel free to speak to one of our personal injury lawyers now. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place to schedule a free consultation today, and a personal injury lawyer will fight for the compensation that you deserve following the loss of a loved one in North Port.
Definition of Wrongful Death in North Port, FL.
Florida Statute 768.21 states that wrongful death is when a person or company is deemed to be negligent, and the cause of the person’s death could have been avoidable. It is also worth noting that wrongful death is not the same as murder, which is recognized as an intentional act. A wrongful death claim could be based on an act of negligence, like a car accident or something slightly more complex, like medical malpractice.
People Who Are Eligible to File a Wrongful Death Claim in North Port, FL.
The immediate family of the deceased, such as the spouse, children, parents, or other dependents, are allowed to file a wrongful death claim under Florida law. If the deceased wrote a will before their passing, then the beneficiaries of their estate will have the legal right to file a wrongful death claim. In many cases, an estate will have a personal representative to act on behalf of the beneficiaries. However, in the event that there is not a will, the court will nominate a personal representative for the estate.
The personal representative will list every individual who might have an interest in the estate of the deceased, which could include:
- A spouse.
- Children under the age of 25.
- Adult children if there is no living spouse.
- Each parent of a deceased minor child.
- Each parent of an adult child if there were no other survivors.
- Blood-related family members that were partially dependent on the deceased during the time that they were alive.
A family member or beneficiary of the deceased who are unsure of their legal rights to file a wrongful death claim should speak to the personal injury lawyers at The Law Place. Call our office to set up a free consultation today.
Types of Wrongful Death Cases in North Port, FL.
A wrongful death case is recognized when the person’s death is caused by a wrongful act, negligence, default, or breach of contract/warranty that the person would have received in compensation in the event that they did not die.
The most common types of wrongful death include:
- Premise liability accident – An accident that happens as a result of hazardous conditions on another person’s property, such as a slip and fall. In other words, premise liability is when a person fails to properly attend to the safety of their property.
- Car accident – An accident involving motor vehicles is usually caused by the negligence of another driver. Almost 3,000 deaths as a result of car accidents took place in a single year in the State of Florida. A car accident often occurs when a driver violates a traffic law, such as speeding, reckless driving, or failing to obey traffic signs.
- Pedestrian accident – An accident involving pedestrians is usually caused by the negligence of drivers on the road. Almost 6,000 pedestrians were killed in accidents in 2018.
- Workplace accident – An accident at work is commonly caused by transportation incidents, slip and falls, exposure to harmful substances, or environments with dangerous objects and equipment. Almost 300 work-related deaths happened in a single year in the State of Florida, according to the Bureau of Labor Statistics.
- Medical malpractice – An accident involving medical malpractice is usually caused when a medical provider makes an error that directly caused the death of a patient.
- Product liability accident – An accident involving an improperly tested or manufactured product can cause an injury or even result in death. A failure in products ranging from food to medication can cause the death of innocent people. The Consumer Product Safety Commission keeps a list of recalled products and associated risks.
Negligence for Wrongful Death Cases in North Port, FL.
Negligence is when an individual fails to behave with reasonable care and caution. It is important to establish negligence in any case of wrongful death. The most common examples of negligence include:
- A driver who was under the influence of alcohol or drugs.
- A medical provider who prescribed the incorrect medication.
- An employer who failed to provide the appropriate safety equipment for their employees.
- A product manufacturer who failed to conduct a safety testing before releasing a product to the public.
- A business owner who failed to fix a hazard or inform people of the danger on their property.
Types of Compensation in Wrongful Death Cases in North Port, FL.
The Law Place will assist you in seeking all types of compensation to help you in the passing of your loved one. It is hard to put a number on the amount of pain and suffering caused by the death of a loved one. We understand the financial pressure that you might be under, especially if the deceased was the primary financial contributor to the family.
There are very specific laws surrounding wrongful death, and you will need a personal injury attorney to help you navigate the legal system in the State of Florida. The types of compensation available will depend on the beneficiary in question.
A personal injury attorney from The Law Place will help you to determine the extent of the damage caused and calculate the amount of compensation that you could be owed. Pick up your phone to set up a free consultation today.
Statute of Limitations for Wrongful Death Cases in North Port, FL.
The statute of limitations lays out the length of time that a person has to file a personal injury claim or wrongful death claim after an accident.
The typical length of time that a person has to file their own personal injury claim is four years in the State of Florida. However, surviving family members will only have two years from the death of a loved one to file a wrongful death claim according to the statute of limitations. There are some cases where a person might be allowed to file a medical negligence wrongful death claim in the event that the case involves fraud or intentional concealment by a health care provider, which ultimately causes a delay in determining the cause of death.
If you do not follow the statute of limitations for wrongful death claims and you fail to take the necessary legal action within the allocated time, then the court will dismiss your claim in the State of Florida.
It will usually take time to investigate the facts and circumstances surrounding someone’s death, and it is important to identify who should be held liable for a case of wrongful death. That is why it is imperative that you contact a personal injury attorney from The Law Place as soon as possible so that we can get to work on your claim.
How a Personal Injury Lawyer Will Help You in North Port, FL.
Every year, close to 13,000 people are killed in accidents across the State of Florida. Many of the accidents involve car crashes, slip and falls, medical malpractice, construction accidents, and a number of other accidents caused by another person’s negligence. When you lose a loved one as a result of someone else’s error or negligence, then you deserve to be compensated for your loss. It is important that you have a personal injury lawyer on your side to achieve a favorable outcome for your case in North Port.
- Calculating your losses – After losing a loved one, you might not know the amount of compensation that you could be owed. The personal injury attorneys at The Law Place will investigate the wrongful death, collect facts and evidence, assess the amount of damage caused, and calculate the compensation that you could be owed.
- Keep your best interests in mind – It might feel like no one is on your side following the death of your loved one. The at-fault party will probably want to avoid liability at any cost, and the insurance company will always prioritize profit and offer you less compensation than you deserve. However, a personal injury attorney will keep your best interests in mind and fight for your legal rights.
- Support and guidance – The personal injury lawyers at The Law Place will provide you with the necessary support and guidance that you need during this difficult period of your life. When you work with one of our personal injury lawyers, you will receive the best legal advice to help you maximize the amount of compensation that you receive.
FAQ – North Port Wrongful Death Lawyer
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action filed by the survivors or the personal representative of a deceased individual’s estate against those responsible for the person’s death due to negligence, misconduct, or any other liable cause.
How can a North Port wrongful death lawyer help me?
A North Port wrongful death lawyer specializes in such cases and can guide families through the whole process. They can help investigate the circumstances surrounding the death, determine liability, assess the value of damages, and fight to recover compensation for the survivors.
Are wrongful death attorneys different from personal injury lawyers?
While both wrongful death attorneys and those handling personal injury cases deal with injuries caused by negligence, the main distinction is their focus. Personal injury lawyers concentrate on injuries where the victim is still alive, whereas wrongful death lawyers advocate for the families of those who have died as a result of negligence.
How long do I have to file a wrongful death lawsuit in North Port?
Typically, the statute provides a window of four years from the date of death to file a wrongful death lawsuit in Florida. However, every situation has its unique case factors, so consulting with a North Port wrongful death lawyer is essential to understand specific deadlines.
What kind of compensation can I recover from a wrongful death lawsuit?
Families can seek legal action to recover money for various monetary damages, including medical and funeral expenses, loss of income, loss of companionship, pain and suffering, and other related damages.
Who can file a wrongful death claim in North Port?
Usually, the personal representative of the deceased’s estate files the wrongful death lawsuit. The personal representative can be named in the will or appointed by the court. They file on behalf of the deceased’s survivors.
Are there any related practice areas to wrongful death cases?
Yes. Wrongful death cases often overlap with other practice areas like medical malpractice, car accidents, workplace accidents, and product liability, among others.
How do North Port wrongful death attorneys differ from Port Charlotte attorneys?
Both North Port wrongful death lawyers and those from Port Charlotte are FL lawyers dedicated to handling wrongful death cases. Their primary difference would be their geographical focus and familiarity with local legal issues. It’s always beneficial to work with an attorney familiar with the local courts and procedures.
How does the process of a wrongful death lawsuit proceed?
The process typically begins with a consultation with a wrongful death lawyer. They will evaluate the merits of your claim. If there’s a viable case, an investigation ensues, gathering evidence and building a strong case. This might involve negotiations with the opposing party for a settlement. If no agreement is reached, the case proceeds to trial. Throughout the process, your North Port wrongful death lawyer will advise on the best legal options and keep you informed.
Why choose The Law Place for my wrongful death claim in North Port?
The Law Place boasts experienced wrongful death lawyers who understand the intricacies of these cases. They have successfully guided numerous families in North Port through the complexities of the legal system, ensuring they recover the compensation they deserve. With a dedication to understanding each unique case and a comprehensive knowledge of related practice areas, they are equipped to handle even the most challenging scenarios.
How do I start the process?
Begin by seeking legal counsel. Reach out to The Law Place to schedule a free consultation. This initial meeting will provide clarity on your legal options and the potential next steps in pursuing justice for your loved one.
Contact The Law Place Today in North Port, FL.
If you lost a loved one in an accident as a result of someone else’s negligence, then you could be entitled to compensation for wrongful death in North Port. It is not easy to get back on your feet following the death of someone you love, and you should seek legal counsel from a personal injury attorney from a law firm that you trust.
At The Law Place, we have over seventy-five years of combined experience and knowledge in recovering compensation for people who have lost love ones in North Port and throughout the State of Florida. Our law firm understands wrongful death cases, and we will help you through this difficult period.
Our team of personal injury lawyers will take the time to understand your unique case and provide you with the best solutions to help you in your current situation. If you are struggling to make ends meet following the death of someone that you love, then we are here for you. The phone lines to our office are open twenty-four hours a day, seven days a week so that we can be there for you when you need it the most.
Contact The Law Place to schedule a free consultation today, and a personal injury lawyer will fight for the compensation that you deserve following the loss of a loved one in North Port.