Losing a loved one is perhaps one of the most painful things a person can endure. Sadly, it quickly becomes a traumatizing experience—one that is difficult to accept when the loss can be directly connected to someone else’s negligence. We understand that taking legal action may not be a priority while in mourning, but as survivors of the decedent, you are likely to have medical expenses and financial difficulties due to your loved one’s premature death. However, by winning compensation in a wrongful death lawsuit, you can recover damages, both economic and non-economic, to get some much-needed relief. Though it will not bring your loved one back, you can find some semblance of peace knowing that you stood up for them and defended their rights successfully. To weigh your legal options, call Distasio Law Firm at (813) 259-0022 to speak to a wrongful death lawyer for free.
Overview of Wrongful Death Cases
Wrongful death lawsuits are civil claims made by survivors of a decedent who passed due to the negligence or misconduct of another person or entity. According to the 2019 Florida Statues, wrongful death is any negligent action that if the victim survived, they could have sued for compensation. In these claims, relatives who depend upon the deceased for emotional and financial support have the legal right to seek monetary compensation for their loss, pain and suffering, and emotional distress.
When determining the damages owed to the relatives of the decedent, the court considers several factors, which may include:
- The relationship between the decedent and the relative
- The portion of the decedent’s net income available to the relative
- The replacement value of the decedent’s services
- The life expectancy of the relative filing the lawsuit
Since the relationship between the decedent and the relative plays a significant role in the damages recovered, the following people can file a wrongful death lawsuit:
- Parents: If the decedent is a minor, each parent may be entitled to monetary compensation that covers their pain and suffering and psychological injury from the date of the death. Similarly, if the decedent is an adult, the parents may be entitled to compensation, as well.
- Spouse: The decedent’s spouse may be entitled to compensation that covers loss of protection and companionship, pain and suffering, diminished quality of life, and psychological injury from the date of the death.
- Children: The decedent’s minor children can seek damages for loss of parental guidance, instruction, and companionship, pain and suffering, and psychological injury from the date of the death.
- All: As a collective, the above can seek damages in a joint wrongful death lawsuit and recover damages for mental pain and from the date of the death—with interest, as well as future loss of support and services from the date of the death.
Wrongful death claims often arise in situations where an individual or entity acts negligently or recklessly or performs an action or inaction that is not consistent with the duty of care established in their community. Below, you will find a few situations that may result in a wrongful death claim.
- Motor vehicle accidents: Per traffic crash reports by the Florida Highway Safety and Motor Vehicles (FLHSMV), 3,135 people lost their lives in a vehicular accident in 2018.
- Medical malpractice: This situation includes surgical errors, hospital malpractice, misdiagnoses, delayed diagnosis, negligence by healthcare providers, birth injuries, and anesthesia errors.
- Fatal slip and fall injuries: When an individual or entity breaches their duty of care by failing to warn authorized visitors on their premises about a hazard that can result in a slip and fall accident, the devastating results that occur may be fatal.
- Drowning accident: Here, the decedent can trip and fall into an unsecured pool and lose their life. In this case, the property owner failed in their legal obligation to ensure that their premises are safe for all authorized visitors.
- Fatal dog attack: The owner can be held liable if their dog attacks someone and the person sustains injuries or loses their life.
- Defective product: A manufacturer can be held liable if their product leads to the death of a consumer. When this happens, the relatives of the decedent can file a wrongful death claim citing negligence or recklessness.
For a free legal consultation with a wrongful death lawyer serving Hudson, call (813) 259-0022
Let a Hudson Wrongful Death Lawyer from Distasio Law Firm Help
When you decide to seek justice for the unlawful death of your loved one, do not hesitate to hire a wrongful death lawyer in Hudson from Distasio Law Firm to represent you and your family. You can do so by calling (813) 259-0022 to discuss your case with a qualified lawyer. When we come on board, we will do everything in our power to ensure that your loved one’s death is not in vain. To expedite the process, we will:
- Gather all documents and investigate the accident that led to the premature death
- Identify the liable parties and verify their insurance company’s information
- File a claim against the liable parties and their insurance company
- Represent you during the settlement and ensure that we recover damages
- Proceed to trial if the insurance company fails to agree on an equitable amount
Hudson Wrongful Death Lawyer Near Me (813) 259-0022
Call Distasio Law Firm Today
A Hudson wrongful death lawyer is ready to help you recover damages for your loss. However, you must move quickly due to the statute of limitations on wrongful death claims. If you are worried about how much the entire litigation would cost, be assured that we will not charge you one cent until we recover the compensation. We want you to focus on processing the death of your loved one, so we do our best to shoulder the required legal responsibilities. To discuss the details of your case to an actual lawyer, call Distasio Law Firm right now at (813) 259-0022 for a free consultation.