Wrongful death is the worst possible outcome of someone else’s negligence. Suffering a personal injury is one thing. Losing a loved one is something else entirely. For such a serious case, you need serious legal representation. Fischer Redavid PLLC is a firm of attorneys and associates who will work together to help your family during this difficult time. We are here for families in Gainesville who are picking up the pieces after the unexpected death of a loved one. Contact us for legal counsel after a fatal tragedy.
Wrongful death claims look different from state to state. A family’s rights in Florida might not be the same as those in another state. Florida Statutes Section 768.21 describes the rights and opportunities for family members who have lost loved ones to negligence in the state. The law defines “wrongful death” as one that another person’s wrongful act, negligence, default, or breach of contract causes. In the event of wrongful death, the deceased person’s estate may file a civil lawsuit in Florida.
Unless your loved one’s will or the probate court names you as the representative of the estate, you cannot file a wrongful death claim. That does not, however, mean you can’t recover damages. In Florida, the personal representative of the estate files the claim on behalf of surviving family members. This includes the decedent’s spouse, children, parents, and any relative who can prove that he/she financially depended upon the decedent. Contact a lawyer if you’re unsure who is your loved one’s estate representative.
The representative has two years from the date of the victim’s death to file a wrongful death claim in most cases. Limited exceptions exist to this rule. Missing the deadline means forfeiting the right to file. Should the claim succeed, the decedent’s estate can recover damages such as lost wages and earnings, lost net accumulations of the estate, and medical and funeral expenses. Surviving family members can receive compensation for medical bills, funeral/burial costs, mental and emotional pain and suffering, loss of companionship, and the value of lost services.
Talking to a lawyer might be the last thing on your mind after the untimely death of a beloved member of your family. However, prompt legal action can be the best way to seek justice for your spouse, child, parent, or sibling. Taking swift steps to hold the at-fault party accountable for the fatal accident can give closure and peace of mind to your family. It can also prevent similar acts of negligence in the future – potentially saving others from the same heartache.
Partnering with a trusted law firm in Gainesville, Florida can relieve the burden of legal action from your mind so that you can focus on grieving and healing. While our attorneys take care of the investigation, evidence gathering, document filing, and other legal matters, you can spend time with your family. We’ll handle the legwork of your claim from start to finish, keeping you updated as to the status of your claim every step of the way. You don’t have to go through this alone. Trust Fischer Redavid PLLC with your claim and experience the difference we can make.
Our lead attorneys can meet with you, your family, and the representative of the deceased person’s estate at our Gainesville, Florida law office – for free. Initial consultations are always complimentary, confidential, and obligation-free. Our number one goal is to help families after a tragic wrongful death. Call (954) 860-8434 or send us your message online today.