The loss of a loved one is never an easy thing to bear, but when that loss is due to the actions of another, the shock can be much more severe. The deceased’s family members may need to make considerations for not just the outstanding medical bills and funeral costs, but also for the financial future of the family.
Florida’s laws allow the surviving family members in a wrongful death lawsuit to recover compensation for not just medical costs, but also for the anguish suffered by family members and any future lost income. A passionate attorney is here to help families of the deceased during these difficult times. A Marion County wrongful death lawyer can strive to hold the people responsible for the death liable in civil court and to provide financial stability.
It is important to remember that not every death can be the subject of a wrongful death lawsuit. In general, a person must argue the death would not have occurred but for the actions of the defendant. This can be the result of an accident where the person was acting in a negligent way. Examples of this include:
To pursue these claims, a plaintiff must prove the defendant owed the deceased a responsibility to watch out for their wellbeing. They must then prove that actions taken by the defendant breached this responsibility and caused the death.
In many ways, a wrongful death suit based on an accident is similar to a case where the victim was simply injured. This makes the defendant legally liable for all damages that result. It does not matter that the victim passes away, or if they sustain only a minor injury, the defendant is responsible for all damages. Speak with a Marion County wrongful death lawyer to learn more
Other wrongful deaths are the result of intentional actions. Usually, if a person dies as the result of another person’s intentional act, the defendant may also be facing criminal charges. While the State certainly has broad powers to bring charges against criminal suspects, criminal courts are unable to order them to compensate the victims of their crimes.
Even if a defendant is found guilty at trial of causing the death, the family members of the deceased must file a separate civil lawsuit to collect damages.
The timing of the lawsuit is also critical. All lawsuits in Florida have a specific statute of limitations. This governs how long a plaintiff has after an injury to file suit. According to Florida Statute 95.11, a wrongful death suit must be started in court no more than two years from the date of death. This is a very short period and these cases tend to be complex. Consult with a Marion County wrongful death lawyer ahead of time to avoid being subject to the statute of limitations.
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Jan 1, 2022
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Wrongful deaths can be the result of both criminal conduct and accidents. In either event, people are responsible for their actions. Whether the death was the result of another person or a corporation, the surviving family members of the deceased have the right to receive compensation for their loss.
This compensation can ease the burden of both the immediate costs associated with the death and the future impact of the loss. A Marion County wrongful death lawyer provides peace of mind and stability to families. Contact an attorney Glover Law Firm today to see how they can help you.
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