Lake County Wrongful Death Lawyer
When another person or business causes an untimely death, family members or the deceased person’s estate may be able to bring civil claims for wrongful death. Of course, nothing can fully compensate for the loss of a loved one, but holding the responsible parties accountable could help provide financial support to cover costs and losses related to the death, as well as some degree of closure.
If you recently lost a loved one because of someone else’s actions, you may want to consider getting professional guidance from an experienced Lake County wrongful death lawyer. Call a compassionate attorney today to schedule a consultation.
Making a Wrongful Death Claim
A wrongful death claim is a civil claim for monetary damages brought on behalf of a deceased person against the party or parties responsible for the death. There are many types of acts that could be the basis for a wrongful death claim, including but not limited to:
- Medical malpractice
- Automobile or motorcycle accidents
- Defective products
- Workplace accidents
- Unsafe property
Regardless of the specific circumstances, the goal of a Lake County wrongful death attorney should be to provide expert guidance about potential claims, recoverable damages, and actions that may be taken to address the loss.
Filing a Claim Eligibility
Florida Statutes §768.19 provides that the estate of a deceased person may bring a civil lawsuit for monetary damages when that person’s death resulted from a wrongful or negligent act, a default, or a breach of contract. Specifically, the law allows the personal representative of the deceased’s estate—who may be named in a will or appointed according to Florida’s probate laws—to bring the wrongful death lawsuit.
Although this personal representative is the only individual empowered to bring a wrongful death lawsuit in Lake County, they must do so on behalf of the estate and surviving family members. Surviving immediate family members or dependents may potentially recover in a wrongful death case, but the personal representative must identify them when bringing a case.
Damages in Wrongful Death Cases
Florida Statutes §768.21 establishes the types of recoverable damages that may be available in wrongful death cases. Depending on the specific party seeking recovery, these damages may include:
- The value of support and services the deceased provided
- Loss of companionship, guidance, and protection
- Medical or funeral expenses paid by a family member
- Lost companionship and pain and suffering experienced by a surviving spouse
- Mental and emotional pain and suffering experienced by a surviving parent who loses a child
- Lost parental guidance, companionship and instruction, as well as related pain and suffering, experienced by a surviving minor child who loses a parent
- Lost wages, future earnings, prospective net accumulations, and medical and funeral expenses incurred by the decedent’s death, all of which are recoverable by the estate.
- Punitive damages, meant to punish—to a limited degree—intentional, reckless, and malicious conduct that caused a loss
Recoverable damages vary from case to case, and an experienced wrongful death lawyer in Lake County could advise about potential damages according to the circumstances. Following that, they could work to help family members and the estate obtain a full and fair recovery for their losses.
Let a Lake County Wrongful Death Attorney Help
If you have suffered the loss of a loved one, the guidance of a Lake County wrongful death lawyer may help you determine whether you and your family have valid grounds for bringing a legal claim relating to the death. However, in most cases, the deadline for bringing a wrongful death claim is two years from the date of death, so getting legal advice quickly can be important.
A seasoned attorney could tell you how strong your case is, what compensation the decedent’s estate and your family might be able to recover, and help you pursue as positive of an outcome as possible. Get in touch with Glover Law Firm today for more information.