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The untimely death of a loved one always creates confusion and sorrow for a family. Not only will they need to plan a funeral and figure out burial expenses, but they also must consider their financial future.
Compassionate personal injury attorneys from Kogan & DiSalvo could help the families of the deceased file lawsuits designed to provide financial stability and comfort during these difficult times. Our lawyers can work to hold the people responsible for the death accountable for their actions and restore your peace of mind. En Español.
Basis for a Lawsuit
Not every death is wrongful. Indeed, most deaths are the result of natural causes. However, when a death is the result of another person’s intentional act, negligence, or recklessness, the family of the deceased may bring a lawsuit.
Most wrongful death suits are the result of accidents. The defendant did not mean to cause the death, or even for any harm to come to the deceased. However, the death was a direct result of their actions. Examples of these scenarios include car accidents, pedestrian accidents, slip and falls, and nursing home neglect.
These cases fall under the theory of negligence. The estate must prove that the defendant owed them a duty of care and that they failed in this duty.
Some wrongful death cases can also arise from intentional acts. Usually, the defendant may also be facing criminal charges. However, the outcome of any wrongful death lawsuit is independent of what happens in criminal court. A conviction in criminal court does not guarantee a civil court win, but an acquittal in criminal court also does not bar recovery in a civil case. Speak with a Martin County wrongful death lawyer to learn more.
Who Can Bring a Martin County Wrongful Death Case
Wrongful death lawsuits are always more complicated than other injury lawsuits. This is because the usual plaintiff in the case, the injured person, is deceased. Thankfully, Martin County’s laws provide guidance for who can bring the lawsuit and what damages they may claim.
Florida Statute 768.20 states that the personal representative of the deceased is the only person who can serve as the plaintiff. Normally the deceased’s will name a representative, but the court may appoint them if there is no will.
Damages a Family can Recover
The available damages in a wrongful death suit are also prescribed by law. Florida Statute 768.21 limits the potential compensation to:
- Lost support, including future support
- Lost companionship and protection
- Mental pain and suffering
- Medical or funeral expenses
Martin County law also severely limits when someone can file a wrongful death claim. According to Florida Statute 95.11, the estate must bring a lawsuit for wrongful death within two years of the death. This is the statute of limitations. If two years pass and no one has filed a lawsuit, the decedent’s family may not be able to recover any compensation. A person should always consult with a Martin County wrongful death lawyer when seeking to recover damages.
Martin County Wrongful Death Attorneys Protect the Future of Families
A wrongful death can throw a family into chaos. They may be confused, frightened, and unsure of what the future will hold. Whether the death was the result of an accident or a criminal act, surviving family members may seek compensation from the parties responsible.
A Martin County wrongful death lawyer can help the families of the deceased obtain compensation to secure their financial future and bring them solace during difficult times. There is a strict time limit on when a case can be brought forward so when you are ready, contact an attorney for a free consultation.
