Unfortunately, bad things happen in life and we lose loved ones and friends. If their untimely death is due to the negligent or intentional actions of another person, it’s time to take action.
However, you may have a few questions, including:
- Can I make the wrongdoer take responsibility for causing the wrongful death?
- Can I make the wrongdoer pay money damages for the suffering they have caused?
- Will I have the financial resources to support myself or my children?
- Can a Dade City wrongful death lawyer help me?
The seasoned injury attorneys from Distasio Law Firm can answer these questions succinctly and represent you in wrongful death cases in Dade City and other Florida cities. A Dade City wrongful death lawyer will hold the wrongdoers responsible for their actions and work diligently to get you the compensation you need to put your life back on track. Not only do we have a level of skill, determination, and experience that’s unmatched in our industry, we are committed to make our community a safer places by our actions.
The Distasio Law Firm Difference
How do you know if you have hired the best Dade City wrongful death attorney? The simplest way to know is to find a lawyer that has all the below characteristics.
- Knowledge and Experience Handling Wrongful Death Cases
Your lawyer should not only know Florida law. That lawyer should also have years of experience handling wrongful death cases. Scott Distasio has been handling wrongful death cases in Florida for over 28 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
- Independent Verification of the Lawyers Ability
All attorneys claim they know what they are doing. Their marketing materials may also be persuasive. But you will only know the truth about that lawyer if the lawyer is rated by respected independent non-biased rating systems. Scott Distasio has an “AV rating by Martindale-Hubbell law Directory. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also Board Certified by the Florida Bar in Trial law. To achieve this accomplishment a lawyer must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
- Willingness and Ability to Go to Trial
Not all Florida wrongful death cases go to trial. The truth is most cases settle. But if your case does need to go to trial it’s important to hire a law firm that has the experience, resources, and ability to try your case. Scott Distasio is a board-certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
What Is a Wrongful Death?
Wrongful death is defined as the demise of an individual caused by the actions of another individual, company or organization. Wrong death lawsuits can be filed to address a myriad of circumstances, including:
If a perpetrator’s action led to the death of a loved one, you may be entitled to compensation. In these cases, it must be determined that the individual not only caused the accident, but that their actions were negligent or intentional in nature.
The victim’s family can receive compensation for pain and suffering and to make up for the loss of support that a family member was providing prior to his or her death. Funeral and medical expenses can also be compensated in a wrongful death suit. Get in touch with one of our compassionate wrongful death lawyers in Dade City for a free consultation.
What Wrongful Death Damages Are Available in Florida?
What is considered a recoverable damage will vary depending on the state you are in. The Florida Wrongful Death Act states lost wages are not recoverable. The law also states the estate of the deceased is entitled to net accumulations. This what an individual would have had as savings over his or her lifetime minus debt or bills. It’s also your right to receive compensation for the amount of money your loved one would have contributed to support you. Additionally, you can receive compensation for the “loss of companionship” caused by their death.
In a wrongful death case in Florida, the people who are entitled to compensation must be identified. They can include the spouse, if the deceased was married and had children under the age of 25. Children over the age of 25 are entitled to compensation if there is no spouse or minor children, and the case doesn’t involve medical malpractice. When there are no children or a spouse involved, the parents of the deceased are entitled to compensation.
In cases involving medical malpractice, adult children and the parents of the deceased are not entitled to compensation.
How Much is a Wrongful Death Accident Case Worth?
If an attorney tells you that they can determine the value of your wrongful death accident case after the first consultation, they are not likely telling the truth. In essence, wrongful death accident case values can’t be determined until the defense has made a settlement offer or until your case goes to trial.
As you would expect, the circumstances surrounding the perpetrator in the case are a major factor in assessing value. Does the the perpetrator have insurance, what level of insurance they have, and their financial resources all make a difference in the value of the case. Unfortunately, some offenders don’t have the financial means or the insurance necessary to pay monetary damages and, subsequently, file bankruptcy.
The next factor to consider is your relationship to the victim. The largest portion of monetary damages will go to surviving family members.
How Long After a Wrongful Death Do I Have to Bring a Claim?
All personal injury cases have a limited amount of time in which claims can be brought forth called the statute of limitations. Florida statute 95.11(4) dictates the statute of limitations in most wrongful death cases. According to the statute, “the lawsuit must be brought within two years of the date of death.”
For cases of medical malpractice, you can bring a lawsuit within two years of the time that you discovered or should have discovered that an incident of wrongdoing led to the death of a loved one. This time period cannot exceed two years from the date of the incident. A well-practiced lawyer in Dade City could help you and your family pursue a wrongful death action within the state’s timeframe.
Get in Touch with a Dade City Wrongful Death Attorney
If your loved one died in an accident, you need a Dade City wrongful death lawyer with dogged determination and years of experience in your corner. At Distasio Law Firm, we have achieved victories in wrongful death cases for over 28 years. Contact us today!