When your loved one is taken from you because of the reckless or thoughtless actions of a doctor, hospital, motorist, business, or other wrongdoer, it can be incredibly challenging to come to terms with what occurred and mourn this tremendous loss. While filing a lawsuit cannot bring them back to you, suing those responsible may move you closer to securing justice and resolution. To help you on this journey, consider partnering with a reputable and compassionate Lake County wrongful death lawyer.
Our personal injury attorneys understand the acute trauma and grief you and your family may be going through as you grapple with the loss of your loved one. We understand how challenging it can be to lose a person you care about because of another’s greed, mistake, or incompetence.
Who Can File a Wrongful Death Lawsuit?
When an individual or organization’s actions cause someone else’s death, Florida Statutes § 768.19 allows eligible survivors and the decedent’s estate to recover compensation for the losses experienced because of it. As explained in Fla. Stat. § 768.20, the deceased person’s representative has the authority to bring the lawsuit on behalf of the surviving family members and the estate. The personal representative may be someone named in the deceased’s will or, if the person did not designate who is to take on this role, by the court.
If the wrongdoer dies before the survivors file or complete the lawsuit, the decedent’s personal representative takes the place of the wrongdoer in the proceedings. In other words, the death of the person whose actions killed someone does not prevent a family from holding the at-fault person accountable. Fla. Stat. § 95.11 gives surviving family members two years from the person’s death to file a lawsuit; however, several exceptions may give them additional time to take this step.
A lawyer who handles cases of wrongful death in Lake County could help surviving family members understand what their options are for holding a business or institution accountable for killing their loved one. For example, they could carefully research the chain of events leading up to when the person died and use these details to determine if someone is legally at fault for what occurred.
Special Rules About Receiving a Settlement for a Loved One’s Death
What someone can receive in a wrongful death lawsuit depends on a couple of factors, including the person’s relationship to the deceased and what type of damages they are claiming. For example, as explained in Fla. Stat. § 768.21, a family member may qualify to receive payment for the loss of their loved one’s support and services from their injury to when they died. Likewise, the person’s spouse may be eligible to receive a settlement that addresses the fact that they no longer have the companionship and protection of the deceased.
The estate may be reimbursed for the funeral and burial costs and other expenses, as well as lost earnings from the time the person was injured to when they died. Under Fla. Stat. § 768.25, the court may need to review and approve the final wrongful death settlement if one of the survivors who is to receive a portion of the funds is a minor or is legally incompetent. Likewise, if a survivor objects to any part of the restitution process or calculation, the court may also have to thoroughly evaluate the division of proceeds.
Calculating a judgment for a wrongful death can feel overwhelming and confusing for the survivors; however, a Lake County attorney could provide vital guidance and recommendations to ease this stress. Our legal professionals have extensive knowledge of the different rules, exceptions, and methods for computing an appropriate settlement.
A Lake County Attorney Could Help People Seek Justice After Their Loved One Dies in an Accident
The death of someone you care about is a hard thing to go through in any circumstance, but it can be especially painful if someone else caused the fatal injury in the first place. By pursuing legal action against those responsible for what occurred, you can protect your family’s future.
For decades, our steadfast advocates have stood by those who are hurt or whose friends or family members are killed because of the wrongdoing of others. Contact our dedicated team today to schedule a no-obligation consultation with a seasoned Lake County wrongful death lawyer.
