Losing a loved one is hard under any circumstances. But it can be even more challenging to move forward if someone else’s careless actions caused your loved one’s unexpected death. If you recently lost a loved one, you could be experiencing severe financial strain in addition to grief and other difficult emotions.
Dave and his team at Dismuke Law are here for you in this challenging time. We are sorry for your loss and want to help you take legal action against the party responsible for your loved one’s passing. Our Brandon wrongful death lawyer can review your legal options for compensation and advise you of your next steps. You can reach out to us now for a free case consultation.
What Is a Wrongful Death Case?
Wrongful death happens when someone’s careless or reckless actions lead to or cause someone’s death. Florida Statutes § 768.19 defines wrongful death as “the death of a person caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.”
The civil court handles wrongful death cases. These cases allow the family of the deceased to pursue compensation. These cases are handled separately from any criminal charges related to what happened.
Only Certain Family Members Can Seek Wrongful Death Compensation
Our wrongful death lawyer serving Brandon will review the situation involving your loved one and determine who can file for wrongful death compensation in accordance with Florida Statutes § 768.21.
In Florida, the beneficiaries who can seek damages after a loved one’s passing are:
- Spouses
- Children (including adopted children)
- Legal dependents of the decedent
In addition, parents are also eligible to recover wrongful death damages if the decedent had no other beneficiaries.
Brandon family members who fit the above criteria can bring wrongful death lawsuits in Florida for medical malpractice, intentional killing, and vehicle accidents. Per state law, the only person who can legally bring a wrongful death lawsuit is the personal representative of the decedent’s estate. It is usually the person named in the decedent’s will. If no person is named in a will, then Florida’s law can build a list of people who will have priority in filing the lawsuit.
This is a general overview of how the process works. Our Brandon wrongful death lawyer can review your potential case and explain how things would work in your specific situation during a free case review.
Negligence in a Wrongful Death Case
Negligence concerns the actions someone should have taken versus what they did. Typically, to prove negligence, the liable party must have had a duty of care to your loved one under the law. If they failed to meet that responsibility, and your loved one died because of their actions or inactions, you may be able to collect damages on your late loved one’s behalf.
Our Brandon wrongful death lawyer will work to prove negligence in your wrongful death case.
What Compensation Can I Recover in a Brandon Wrongful Death Case?
No amount of money can change what happened to your loved one or the loss you experienced. However, compensation can help to cover costs related to your loved one’s death to make things easier for you. Florida Statutes § 768.21 lists the losses wrongful death survivors can recover.
They can recover wrongful death damages for various expenses, such as the decedent’s medical expenses and funeral and burial costs. These damages can also cover any household income the decedent would have earned if they were alive.
You may also be able to receive compensation for the loss you experienced and the related trauma. For example, you may be able to recover compensation for the loss of companionship or the pain and suffering you experienced after your loved one’s death.
We will assess your losses and advise you on how much you could recover in compensation. This information can help you make an informed decision about your case moving forward.
Howvdoes Working With a Brandon Wrongful Death Lawyer Benefit Me?
Wrongful death cases can be complicated matters, but our Brandon attorney can guide you through the process. We will carefully go over the facts of your situation and review the legal options you have.
If you work with our firm, we will collect the evidence that supports your wrongful death action and build a case for your compensation. We can negotiate a settlement with the liable party’s insurance company.
If we cannot settle your case outside of court, we can file it in civil court and fight for your recovery at trial. We will update you about your case and answer any questions you have.
Florida’s Statute of Limitations Deadline for Wrongful Death Lawsuits
Like other states, Florida has a strict deadline for filing wrongful death lawsuits. In general, parties who file a wrongful death lawsuit in the state have two years to file a wrongful death lawsuit, per Florida Statutes § 95.11 (4)(d).
Our Brandon wrongful death lawyer can advise you on your case’s timeline. They may be able to negotiate a settlement on your behalf outside of court. However, in other cases, you may need to file a lawsuit to recover compensation.
How Dismuke Law Has Helped Other Florida Personal Injury Clients
At Dismuke Law, we help clients fight for the compensation they are due. For example, one client recovered $7.25 million in a wrongful death case, and another won $1.1 million in another wrongful death auto accident.
Consider what this client says about us after working with our team:
“Dave is a great man, very caring and attentive to his clients. I went to Dismuke law after having a horrible experience with another law firm. The way I have been treated since he took on my case years ago is far superior to my experience with any other law firm. I would highly recommend Dismuke law!” ~ Erica C.
Call Dismuke Law Today for a Free Case Consultation
At Dismuke Law, our Brandon wrongful death attorney can talk with you about your legal options during a free consultation. This allows us to examine what happened and determine how we can help you.
We are here to support you in any way we can. You don’t have to handle your case alone. Call us today at (863) 250-5050 to get started.
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