Wrongful death can be a difficult subject to talk about and an even tougher one to deal with. The legal disputes that arise from these situations are varied and complex, and it is important to act quickly with a good law firm by your side to get the justice that you and your family deserve.
The Law Place is here to help you at every step of this process, providing the legal means to bring a lawsuit against the parties responsible. We guarantee a qualified and professional team of lawyers who work together on all cases, ensuring a thorough and experienced approach to the individual needs of your case.
Call The Law Place for a free consultation and let us guide you through the muddy waters of a wrongful death lawsuit. Contact us for your free consultation today on (941) 444-4444.
What Qualifies as a Wrongful Death Lawsuit?
Wrongful death lawsuits are when legal action is brought against parties believed to be intentionally, recklessly, or negligently responsible for the preventable death of an individual. Wrongful death claims are very specific under Florida Law. A wrongful death, according to Florida Statute 768.21, requires a preventable death to have been caused by the following:
- Breach of contract or warranty.
- The wrongful act of a person or entity.
Wrongful death claims may entitle survivors and family members of the victim to punitive damages. Money can never bring a loved one back, but it may provide comfort and some semblance of peace in a time of grievance. Call The Law Place when you are ready for justice. File your wrongful death action and pursue legal action against those responsible with a team of experienced professionals with your best interests at heart. According to Florida’s Statute of Limitations, Florida Statute 713.23, the lawsuit must be filed within two years. A wrongful death claim is never easy, but we can help you work through the legal action necessary to find peace of mind.
What Are the Damages That Can Result From a Wrongful Death Claim?
Punitive damages resulting from a wrongful death claim may vary depending on the circumstance and the parties involved. Close family members or a personal representative elected by the deceased in their will can seek remuneration through wrongful death action. There are different kinds of damages available to you in your wrongful lawsuit. Our law firm is here to guarantee you maximize the compensation you are entitled to based on the damages you can claim.
Mental Pain and Suffering
Close family members may be entitled to claim damages from resulting mental anguish and personal pain that is caused by the decedent’s death. These typically include a spouse or minor child under the age of 25. An adult child may also claim damages if there is no surviving spouse available. If there is no spouse or child of the deceased, parents may file a lawsuit for wrongful death. Medical malpractice is the only circumstance in Florida where adult children or parents of the decedent cannot sue for damages. If you feel the pain and suffering after your loved one’s wrongful death, you are entitled to claim damages based on that anguish.
Florida’s wrongful death law is different from many other states in that claims cannot be made on the basis of the pain and suffering the victim experienced before death. Anguish related to the personal injury sustained by the victim, and how long their suffering lasted, cannot be the basis for additional damages to be claimed. Family members cannot sue for this reason.
Loss of Support and Services
Close family members of the deceased may be entitled to damages based on the valued loss of support and services that the deceased provided to them. These can include money, property, and physical labor. The amount of the victim’s probable net income calculated with their life expectancy may be claimed. In addition, the value of the deceased’s services rendered to the survivors may be calculated into any potential claims. For example, you may claim the loss of household services, such as mowing the lawn or doing the dishes and the value they provided. The surviving spouse or minor child is entitled to such a claim. Adult children or parents may be entitled if there is no surviving spouse or children. All damages of this nature are related to the past and future value that the victim would have provided if not for their unexpected death.
Medical Bills and Funeral Expenses
Any medical bills or funeral expenses that may have been paid by the survivors or estate of the deceased may be claimed as damages. An unexpected death can result in unforeseen expenses and can be used in the death claim to cover past and future costs.
Damages can also be claimed by the decedent’s estate. Potential future earnings and the accumulation of value had the person not died can be claimed as damages. These can include pension benefits and investments in property and stock markets, among other things. Devaluation of these investments caused by unexpected death may result in additional remuneration. The estate can claim these damages against the defendant in a wrongful death action.
Is Wrongful Death a Felony?
Although the death of someone may result in charges being filed against them by the state, wrongful death claims do not constitute a felony. A wrongful death claim is a civil suit, meaning there are no criminal charges brought against the defendant. Felony cases are determined by the state’s attorney and can result in prison time or fines paid to the state. Wrongful death actions cannot result in imprisonment, only financial compensation. Felony charges must be filed with the police and determined by the state.
Consult Our Experienced Team of Wrongful Death Attorneys Today
Have you experienced the loss of a loved one? Do you think their death may be the result of the reckless, negligent, or intentional actions of a person or entity?
Contact The Law Place to schedule a free consultation and find out what damages you may be entitled to. Our professional and experienced team of lawyers work together on every case. No stone will be left unturned in our thorough approach to the individual needs of you and your family. File your wrongful death action with us to make certain you have the best available law firm on your side. We guarantee exceptional legal aid during your time of tragedy.
Focus on healing the wounds left by the unexpected departure of your loved one. Let us deal with the rest. Call The Law Place on (941) 444-4444 for your free consultation today.