Central Florida Wrongful Death Lawyer

Fatal accidents due to negligence occur every day. In these situations, a wrongful death lawsuit could provide the surviving family with a measure of justice.

If you have lost a loved one, you might be entitled to recover compensation from a wrongful death lawsuit. The thought of pursuing legal action might be the last thing on your mind during your time of grief. Thankfully, a Central Florida wrongful death lawyer at Dismuke Law could handle every aspect of your case, leaving you to focus on grieving your loss.

You May Be Entitled to Collect Various Damages in a Wrongful Death Case

If your loved one passed away due to another person’s negligence, you may be able to claim compensation. Although the nature of the damages you can recover depends on your unique situation, you may be eligible to seek the following:

• Final medical expenses
• Burial and funeral costs
• Loss of inheritance
• Loss of financial support
• Loss of consortium

Compensation can help you move forward following this terrible tragedy you and your family have endured.

What Our Wrongful Death Attorneys in Central Florida Can Do to Help Your Case

After the sudden death of your loved one, you and your family should take the time to mourn them. Leave the legalities of pursuing a wrongful death case to us. Our services may include the following:

• Reviewing medical reports
• Collecting various forms of evidence
• Interviewing expert witnesses
• Naming the responsible parties
• Quantifying all of your damages
• Settling your case via negotiations
• Managing correspondence
• Taking your case to trial

We understand that you may feel hesitant to enlist our help due to the price. However, that’s not an issue when you hire Dismuke Law. Our wrongful death lawyers in Central Florida take cases on a contingency-fee basis. We don’t require an hourly or upfront payment and only receive our attorney’s fees if we secure compensation for you.

When Is a Wrongful Death Lawsuit Appropriate?

While unexpectedly losing a loved one can be devastating, not every case constitutes a viable wrongful death action. Instead, a lawsuit is only appropriate in cases where another person’s negligence causes your loved one’s demise.

Under Florida Statute § 768.19, a death can be wrongful when it results from a wrongful act, negligence, default, a breach of contract, or a breach of warranty. Usually, these acts result from an act of negligence, like a car accident or a surgical mistake. 

Who Can File a Wrongful Death Action in Central Florida?

The surviving family members of a deceased person usually do not have a right to file a wrongful death lawsuit on their behalf. This right is limited exclusively to the personal representative of the decedent’s estate. Also referred to as the executor or administrator of the estate, the representative can file a wrongful death case with the help of legal counsel. If successful, the damages go to the heirs of the deceased. 

When the court appoints a personal representative, they must follow Florida Statutes § 733.301 when it comes to determining who has preference. If there is a will, the court will appoint the person named in the document or their successor. If no person qualifies, the majority of those interested in the outcome of the case can select the personal representative.

If there is no will, the surviving spouse might serve as the personal representative. An attorney at our firm could assist a family member in seeking recognition as the personal representative for their loved one’s estate. 

Is There a Deadline to File a Wrongful Death Suit in Central Florida?

As is the case with every civil lawsuit filed in Central Florida, there is a deadline for filing wrongful death actions as well. However, complying with this deadline can be more complex than you might realize. In general, plaintiffs have two years from the date of a person’s passing to file a wrongful death lawsuit, per Florida Statutes § 95.11(4)(d).

There are some exceptions to the typical two-year statute. For example, in medical malpractice cases, the statutory period is still two years. However, the two-year window of time starts on the date the cause of death is discovered, not the date of death. 

In any case, we encourage you to act as quickly as possible. Failure to file your wrongful death lawsuit before the statute expires may bar you from pursuing the liable party for your losses. Our firm could review your case and advise you when the lawsuit must be filed. 

Common Factors That Lead to Wrongful Death Lawsuits

What every successful wrongful death action has in common is an avoidable death resulting from an act of negligence. These sorts of incidents can occur in countless ways. Some common causes of wrongful death cases include:

• Surgical errors
• Car accidents
• Truck accidents
• Product liability
• Medical misdiagnosis
• Pedestrian accidents
• Falls
• Intentional acts

When the attorneys from our firm take on a wrongful death lawsuit, they can review the facts of the case. This review process not only identifies how a wrongful death occurs but also signals who may be responsible. 

You Deserve Compassionate Legal Counsel in Your Wrongful Death Case

If you are considering legal action following the loss of a loved one, you deserve guidance from our wrongful death lawyer in Central Florida, who understands the gravity of the situation. By hiring an attorney to serve as your advocate, you could gain peace of mind knowing that the weight of the legal case is off of your shoulders. 

Our founder, Dave Dismuke, and the team at Dismuke Law are ready to help you protect your rights and pursue justice on behalf of your lost loved one. Ask Dave more when you reach out to our firm. Contact us today for a free consultation.