If an act of negligence has resulted in your loved one’s death, we understand the pain and sense of loss you feel. Pursuing a wrongful death claim or lawsuit could give you a sense of justice after what happened.
You need to take time to adjust to your loss and grieve with your loved ones. By leaving your wrongful death case in the hands of a Haines City wrongful death lawyer at Dismuke Law, you could do these things without giving up your opportunity to hold the at-fault party accountable. We can investigate what led to your loved one’s death and fight for your right to compensation.
How a Wrongful Death Attorney at Our Firm Can Help With Your Case
Your focus should be grieving your loved one, not figuring out the legal process. Leave that to the attorneys at Dismuke Law. When you hire us, we can take over the following responsibilities:
- Collecting evidence
- Identifying the liable party
- Meeting the statute of limitations codified in Florida Statutes § 95.11(4)(d)
- Communicating with the insurer and other lawyers
- Negotiating a fair settlement
- Fighting for you in trial, if necessary
- Calculating your damages
Our founder, Dave Dismuke, strives to get clients the compensation they need after an accident. Ask Dave to learn more about what we can do for you.
How Much Does Our Wrongful Death Attorney in Haines City, FL, Cost?
If you are dealing with the unexpected passing of a loved one, you could find yourself in tough financial straits. For some, the thought of adding the cost of a wrongful death lawyer to those expenses might seem unrealistic. However, you could pursue a wrongful death case without upfront attorney’s fees.
Our firm accepts wrongful death cases on a contingency basis. What this means for the surviving family is that we only recover our fee when we secure compensation in your case. This approach allows you to pursue a wrongful death lawsuit, no matter your current financial situation.
What Compensation Is Available in a Haines City, FL, Wrongful Death Case?
In wrongful death cases, you may seek damages related to your loved one’s demise, as well as ones that account for the effect their death has had on your family.
Damages Your Loved One Suffered
Various financial costs may occur prior to the unexpected passing of a loved one. These losses would typically serve as the basis of a personal injury lawsuit had your loved one survived. Recovering compensation for these damages could be possible through a wrongful death case, such as:
- Final medical costs
- Loss of income
- Physical pain and suffering
- Emotional distress
Damages Survivors Suffered
When a person dies suddenly, their immediate family is often left to pick up the emotional and financial pieces. That is why wrongful death actions also provide compensation for these losses.
The surviving family or the estate may be entitled to recover damages based on the cost of their funeral, burial, or cremation.
Damages could also be available based on how the loss has impacted the surviving family, including the loss of a loved one’s income that immediate relatives expected to rely on. In addition to financial issues, there could be damages based on the loss of parental guidance, companionship, and support for surviving relatives.
Who Can File a Wrongful Death Suit in Haines City, Florida?
According to Florida Statutes § 768.20, only the personal representative of the estate has the power to file a wrongful death lawsuit in most cases. A personal representative is an individual who is appointed to serve as the advocate for the estate—including during the wrongful death litigation process.
Often, the personal representative is named in the deceased party’s last will and testament. When that is not the case, the court has the power to appoint someone to that position. This is common when there is no will, the will does not specify a personal representative, or the person nominated is unable or unwilling to serve in the role.
What Makes a Death “Wrongful” in Florida?
It is never easy any time a loved one passes away. However, not all losses will serve as the basis for a viable wrongful death lawsuit. For the passing of a loved one to result in a viable claim for financial compensation, their death must be wrongful.
According to Florida Statutes § 768.19, a wrongful death results from any “wrongful act, negligence, default, or breach of contract or warranty.” That generally means a person’s passing must have been avoidable, and it must have occurred due to the action or inaction of another party.
The facts surrounding a wrongful death case are often similar to cases. Any time an accident occurs due to another party’s negligence, it could result in a viable wrongful death case if fatal injuries are involved. Some of the common situations that constitute a wrongful death action include:
- Medical errors
- Car accidents
- Truck accidents
- Defective products
Our wrongful death attorney in Haines City, FL, could review the facts of your case and help you understand if there are grounds for a viable wrongful death case.
Start Working With Our Wrongful Death Lawyer in Haines City, FL
If you have experienced the sudden and unexpected loss of a loved one, your priorities are likely focused on your grief and your family. A wrongful death lawsuit might be the furthest thing from your mind, but you do not have to undertake this difficult process on your own.
The Haines City wrongful death lawyers at Dismuke Law understand how difficult the loss of a loved one can be. We are proud to provide compassionate legal counsel to those living with a loss, and we see it as our duty to advocate for both the deceased and their surviving relatives. Ask Dave more about our services when you reach out for a free consultation. Call today.