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The loss of a loved one is always an emotionally draining time for a family. But on top of the mental strain and sorrow, the death will cause; a family may also be facing financial difficulties after the loss. State laws allow the families of the recently deceased to file wrongful death lawsuits demanding compensation from the party responsible for the death.
An experienced attorney may work with individuals to identify the proper defendants, chose the correct legal path to success, and pursue cases in court to get families the compensation they deserve. Contact a Port St. Lucie wrongful death lawyer from Kogan & DiSalvo today.
When Can a Port St. Lucie Death Result in a Lawsuit?
Anytime a death is the result of the actions of another, it may be the subject of a St. Lucie County wrongful death suit. Naturally, not every death is someone else’s fault. Single car accidents and deaths from natural causes are usually not someone else’s fault. In general, an incident that would normally lead to a personal injury lawsuit can be a wrongful death suit if the incident was fatal.
For example, if a person is in a truck accident that is the trucker’s fault, this can result in severe injuries. However, the same accident may be fatal. It is irrelevant whether someone meant to cause an injury. The fact that the accident was their fault is enough for them to be liable.
Filing a Claim
Wrongful deaths can also result from an intentional act. The clearest examples of these are crimes. Any time a person causes a death, they may be facing criminal charges in Florida’s criminal courts. The most important thing to remember in these situations is that the outcome of a criminal case does not control what will happen in a civil suit.
Indeed, for the decedent’s family to collect any compensation from the defendant, they need to file a civil suit in addition to any criminal case. Even if the defendant is found guilty, the criminal court cannot order them to pay any compensation for the injuries. Speak with a Port St. Lucie wrongful death lawyer to learn more.
Types of Damages in a Florida Wrongful Death Claim
In St. Lucie County, there are specific statutes that govern who can file these suits and what damages they can claim. Florida Statute 768.20 controls who can file a wrongful death lawsuit. A personal representative of the deceased’s estate must serve as the plaintiff. This is a person named in a will or appointed by the court who will handle all legal consequences in case of death.
Florida law also controls what types of damages a wrongful death suit can claim. Florida Statute 768.21 limits the potential compensation to:
- Lost and future earnings
- Lost companionship
- Mental anguish
- Lost guidance for children
- Medical bills
- Funeral expenses
Consult with a Port St. Lucie wrongful death lawyer for more information regarding the types of damages in a wrongful claim.
Contact a Port St. Lucie Wrongful Death Attorney
The untimely loss of a family member will create emotional trauma and financial instability for any family. Whenever that loss is the fault of another person or corporation, even if the death was due to an accident, the family of the deceased has the right to seek compensation.
Port St. Lucie wrongful death lawyers help the families of the deceased file suits in civil court demanding payment for their loss. A lawyer from Kogan & DiSalvo in St. Lucie County can handle every case with diligence and compassion to hold defendants liable for their actions. There is a limited time to file a claim and these cases can be complex. Time is of the essence; contact an attorney today for a free consultation.
