Losing a family member in an accident caused by someone else’s carelessness is devastating. While nothing can replace the loss of a loved one, receiving compensation for economic losses related to their passing can help relieve stress and allow your family to mourn and get closure.
A Melbourne wrongful death lawyer at our firm could help surviving loved ones put together an effective civil case on behalf of the decedent. Let one of our personal injury attorneys assist your family through this challenging time.
Not every accidental death constitutes a wrongful death. According to Florida Statutes §768.19, a death is considered wrongful when it is the result of another person or entity’s misconduct or negligence.
The key factor in determining whether someone’s death was wrongful is determining whether it was avoidable. This requires proving that if the liable party had done their due diligence, been more thorough, not gotten distracted, etc., the decedent would still be alive.
Wrongful deaths in Melbourne commonly result from motor vehicle accidents, medical malpractice, workplace accidents, slips and falls, motorcycle collisions, and more. Loved ones who are unsure about whether they have a valid wrongful death case should consult with a local attorney for clarity.
Melbourne requires all potential plaintiffs to file lawsuits within two years of the date of the death in most occasions. Only the Personal Representative of the decedent’s estate representative can file a wrongful death suit. Further, only certain family members can receive compensation from a person’s death in a wrongful death lawsuit.
Authorized family members include the deceased person’s spouse, children, parents, or other dependents. It is important to consult with an experienced Melbourne lawyer to determine who could be entitled to compensation for the wrongful death of a loved one or family member.
If someone wishes to sue their local government for a wrongful death that occurred on government-owned or regulated property, such as a community swimming pool or a park, or due to a government employee’s negligence, there are very specific requirements that must be met prior to a lawsuit being pursued. Further, governmental entities are typically entitled to “Sovereign Immunity,” which places limitations, or caps, on the damages in most situations. For this reason, it is advisable to speak with a knowledgeable attorney who has worked in the decedent’s community for more guidance and insight on wrongful death claims against government entities.
When hiring a legal professional to take on your case, you should look for a lawyer who has experience working on wrongful death cases. To give your Melbourne wrongful death lawyer the best chance of favorably resolving your case, you should bring as much relevant documentation to your initial consultation as possible.
This could include the decedent’s health, life, and car insurance information, medical records and bills, death certificate, photos of damage or injury from the incident that caused the death, or any other information you think might be relevant. If you are ready to file a wrongful death lawsuit, contact an experienced attorney in Melbourne who specializes in wrongful death cases right away.