Losing a loved one under any circumstances can be difficult. But a sudden death caused by another person’s careless actions or inaction can be significantly harder to cope with.
Filing a personal injury claim may be the last thing on your mind, but it is nonetheless an important step in your family’s recovery after the unexpected loss of a loved one. Our Titusville wrongful death lawyers will help you seek compensation to provide financial alleviation for you and your family.
A wrongful death occurs when someone’s negligent behavior causes another person to suffer an injury that results in their premature death. Some wrongful deaths can be tried in criminal courts and focus on punitive aspects of the law, depending on the circumstances.
The outcome of a criminal court can be used as evidence during civil litigation, as well. Given the complex interactions between criminal and civil law, it is best to let an expert litigator handle a wrongful death claim to maximize its chances of success.
Wrongful death claims can emerge from any situation where a person is injured in an accident. If an accident is severe enough, the ensuing civil case can change from an individual’s claim for damages to a family’s, if the individual doesn’t survive their injuries. Common examples of wrongful death scenarios in Titusville include:
Our lawyers have experience in litigating each of these types of accident on behalf of grieving families in the aftermath of a wrongful death.
Florida Statutes §768.20 limits who can file a wrongful death suit to the Personal Representative of the decedent’s estate, and only certain family members can receive compensation if the claim succeeds.
Surviving family members and dependents frequently suffer undue financial and emotional harms when a loved one dies suddenly due to negligence. Because these unexpected hardships are the direct result of another party’s actions, the law allows the affected survivors to receive any financial compensation awarded in a successful wrongful death lawsuit.
For instance, survivors can seek compensation for the value of their deceased family member’s lost wages and benefits, medical bills before death, funeral costs, and prospective finances of their estate. Furthermore, emotional losses include the loss of companionship, guidance, and consortium.
Each wrongful death claim will differ from case to case regarding losses and avenues for recovery. Fortunately, one of our well-versed attorneys can help determine who is eligible to recover losses in a wrongful death claim. Examples of eligible parties typically include the deceased person’s spouse, children, and parents. Additionally, surviving blood relatives such as siblings may be able to receive compensation in some circumstances.
Fla. Stat. §95.11 imposes a legal filing deadline known as a “statute of limitations” that limits the amount of time a grieving family has to initiate a wrongful death claim to only two years from the date of their loved one’s passing. Litigation is generally barred after this time limit expires. It is therefore advisable to ask a Titusville attorney about the exceptions that may apply to the statute of limitations in a particular wrongful death claim.
Wrongful deaths are difficult enough to deal with, without any legal claim or litigation. Our Titusville wrongful death lawyers can help shoulder the burden by handling your case from start to finish and seeking compensation on your family’s behalf. We are available for a consultation to review your case, so call our firm today.