Losing a loved one is never easy. When this loss occurs due to someone else’s negligence, the family’s heartbreak is only exacerbated. Not only does a wrongful death lead to grief and confusion, but it can also cause extreme financial distress for families who are facing unforeseen costs or the loss of their primary breadwinner.

There is no amount of money that could ever replace the loss of the person you love. However, monetary damages can help obtain justice for your family and hold the negligent parties accountable for their actions. If you are suffering from the loss of someone close to you because of someone else’s carelessness, call a Cocoa wrongful death lawyer right away. Our personal injury attorneys have over 30 years of combined experience handling wrongful death cases and could assist you in obtaining justice for your loved one.

Defining Wrongful Death in Cocoa

There are many negligent and reckless behaviors that could result in a fatal accident. When an individual’s negligence and complete disregard for safety lead to an unnecessary death, the court considers this a wrongful death. Occurrences can include:

No matter what the circumstances are, the sudden loss of a loved one is always difficult. A local attorney well-versed in wrongful death cases could review the facts of a case and determine the proper next steps for holding the negligent party accountable for their actions.

Who Can File a Fatal Accident Claim?

Florida Statutes §768.21 establishes that a personal representative of the descendant’s estate must bring a wrongful death action against the liable party on behalf of the survivors. The will or testament must name this institution or individual.

If there is no will at the time of death, a probate judge will need to appoint them. The statute states that the personal representative will bring claims for persons who qualify as survivors of the descendant. The regulation is extremely particular as to who qualifies as the survivors of the deceased. It is always best to consult with a knowledgeable wrongful death attorney in Cocoa for assistance in filing court petitions and other legal documents.

Potential Damages in a Wrongful Death Suit

A decedent’s loved ones may be entitled to receive damages from the defendant in a fatal accident lawsuit. The court will order these damages to be paid by the negligent party to compensate for the individual’s death. Damages that the family could receive include payments that account for a loss of support, loss of companionship, pain and suffering, and medical or funeral expenses incurred.

A defendant in a wrongful death suit will be held to the evidentiary standard of “a preponderance of evidence” when establishing liability. A skilled attorney in the area could help gather the necessary evidence to establish a defendant’s liability for a fatal accident and pursue the appropriate damages.

Schedule a Free Consultation Today with a Cocoa Wrongful Death Attorney

After the sudden and unexpected death of a loved one, unforeseen costs can aggravate an already difficult situation. If you suffered a preventable loss of a loved one because of negligence, you do not have to face this confusing time alone. Allow us to worry about legalities while you focus on healing.

A Cocoa wrongful death lawyer could help you hold the responsible parties accountable and fight for the justice and damages you deserve. Reach out today to discuss your case with a compassionate attorney.

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