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 Land O’ Lakes wrongful death lawyer help me?
The experienced team of personal injury attorneys at Distasio Law Firm can answer these questions succinctly and represent you in wrongful death cases in Land O’ Lakes and other Florida cities. A Land O’ Lakes 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.
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:
- Automobile accidents
- Medical malpractice
- Nursing Home Abuse
- Slip and fall injuries
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 with the help of your Land O’ Lakes attorney.
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 Land O’ Lakes, 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 four years from the date of the incident. For help with filing your wrongful death claim on time, reach out to a skilled lawyer in Land O’ Lakes.
Finding the Best Land O’ Lakes Wrongful Death Attorney
If your loved one died in an accident, you need a compassionate Land O’ Lakes wrongful death lawyer with 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!