The loss of a loved one is devastating to family members. However, it can be even more devastating when you believe the loss of a loved one is due to a deliberate or careless act of another person.
At Schrier Law Group, our attorneys represent families who have lost loved ones in car wrecks, shootings and other types of accidents caused by negligence or by wrongful acts. We offer a free consultation to discuss your case.
Justice for your family starts now. Call 1-800-700-7285 to speak to a lawyer today.
Florida Wrongful Death Attorney Explains the Law
Under Florida statues, there are specific requirements surrounding a wrongful death claim which must be adhered to. Some of the requirements include:
- The personal representative of the decedent must file the suit
- The suit may be filed on behalf of parents, children or spouses
- The suit may be filed on others who are dependent on the decedent for support
- The suit must be filed within two years of the date of death
In the event a decedent dies intestate (without a will) the court may appoint a representative. In most cases, this will be the spouse; if there is no spouse, the court will ask the other heirs to agree upon a representative and if they cannot agree, the court will appoint a representative.
What Is Wrongful Death?
To be considered a wrongful death, it must be proven that a person acted in a negligent, careless or reckless manner and that the decedent would have survived had it not been for the actions. A wrongful death lawsuit attorney can help you determine whether you have a case.
It is important to work with your wrongful death claims lawyer to ensure that the proper parties are held accountable for the death of a loved one. Not all cases are easy to prove; in the case of a drunk-driving accident, it may be simple, but other cases can be far more complicated.
Damages In a Wrongful Death Lawsuit
Wrongful death claims are often challenging to prove and at the Schrier Law Group, our goal is to work with you to determine who was at fault for the death and make sure they are held accountable. The damages that may be sought in a wrongful death claim include:
- Financial supportâ€” When you have lost current and future financial support as a spouse or child, we will do everything possible to get the maximum amount of compensation.
- Costs associated with deathâ€” Including medical expenses as well as funeral, burial or cremation expenses will be compensated should you be successful with your case.
- Pain and sufferingâ€” The pain and suffering of both the victim and family members is often taken into consideration when making this determination.
- Spouseâ€™s damagesâ€” We will fight to recover compensation for loss of companionship and protection as well as pain and suffering from the date of the accident that ultimately resulted in the death of your partner.
- Childrenâ€™s damagesâ€” When there are minor children of a decedent who died as a result of a deliberate act, we will seek damages for lost parental companionship, guidance and instruction as well as mental pain and suffering.
- Parental damagesâ€” When you lose a child due to someoneâ€™s negligence, we will recover compensation for pain and suffering.
- Punitive damagesâ€” Because someone acted in a manner that was considered intentional or grossly negligent, we will seek the maximum punitive damages under the law. Not only is this important for the family of decedents, but it also sends a clear message their behavior was not acceptable.
Contact Our Wrongful Death Attorneys
If you have lost a loved one because someone else behaved in a manner that was reckless or negligent, call 1-800-700-7285 or complete our contact form to talk with one of our attorneys. We offer a free case evaluation.