Losing a loved one in an unexpected way is never easy to accept. These situations can be especially troubling if their passing was due to another person’s act of negligence. If you lost a loved one due to negligence in Callaway, our wrongful death lawyers are ready to help. As a surviving relative, you may have legal options to pursue compensation.
In some circumstances, a successful wrongful death case may be the only option for seeking justice. If the case is successful, it could result in a monetary award against the responsible party. Let a Callaway personal injury lawyer advise you of your legal options. Call Ged Lawyers today to get started.
Who Has the Right to File a Wrongful Death Lawsuit in Florida?
In many states, the surviving relatives of the deceased are allowed to pursue a lawsuit on their own. That is not how the State of Florida approaches these types of actions. According to the law, only the legal representative of the estate has the power to bring a case.
The personal representative is selected by the courts. It is their job to handle a wrongful death lawsuit on behalf of the estate, but any proceeds recovered go to the heirs. They are required to provide a list of beneficiaries at the time the case is filed.
It is common for the executor to be a member of the family or a close friend of the deceased. Often, a person’s Last Will and Testament identifies the party chosen to serve in this capacity. At Ged Lawyers, our wrongful death attorneys serving Callaway are prepared to assist you with these duties for the duration of the process.
Secure Justice with a Callaway Wrongful Death Attorney Before Time Runs Out
There is no time to delay when it comes to moving forward with a wrongful death claim. In fact, every day that you wait will only put your recovery further at risk. It takes time to investigate an accidental death, and the evidence in these cases will not be available forever. The sooner you speak with a lawyer, the better your chances for a strong case will be.
Another reason to avoid any delays with a wrongful death action is the statute of limitations. This is a deadline that applies to every wrongful death case. If a lawsuit is filed after the deadline expires, the court will likely be forced to dismiss the case forever.
The statute of limitations in a wrongful death lawsuit typically expires two years after the day of your loved one’s passing. It is important to remember that this is not always the same date that the underlying injury or illness occurs.
There are also a few exceptions to be aware of. You might have more time to file if some kind of fraud or misrepresentation prevented you from learning about the cause of death in a medical malpractice case. The deadline may also be extended if the defendant fled the state to avoid litigation.
Recoverable Wrongful Death Damages You May Be Entitled
One of the primary benefits of working with a Callaway wrongful death attorney is that they can advise you on the types of damages that may be available. A successful settlement could recover damages based on the surviving relative’s losses, both financial and emotional. Some examples include:
- Loss of future income
- End-of-life medical care costs
- Burial and funeral expenses
- Loss of emotional support
- Loss of guidance and instruction
- Emotional distress
Our attorneys can evaluate your case and advise you of the recoverable damages you may be entitled to.
Compassionate Legal Support from Ged Lawyers During Your Time of Loss
We know how difficult these circumstances can be. The loss of a close family member is never easy, and you deserve the chance to deal with the grief without having to navigate the legal system at the same time. Ged Lawyers is prepared to provide you with compassionate legal support during this difficult time.
You do not have to rely on our word for it, as our case results speak for themselves. In recent years, we have secured notable settlements in wrongful death cases, including:
- $2 million settlement following a scooter accident
- $1.06 million award in an arbitration hearing due to a fatal bus crash
Our previous success cannot guarantee compensation in your case. That said, reviewing our client testimonials can provide insight into how our legal representation has achieved high client satisfaction.
Understanding What Constitutes a Wrongful Death Claim Under Florida Law
Not every unexpected passing of a loved one will lead to a viable legal claim. Florida Statute Section 768.19 defines a wrongful death as a passing caused by wrongful acts, negligence, a breach of contract or warranty, or default. In other words, a person who dies because of the action—or in some cases, inaction—of another person could lead to a case.
Any number of circumstances might result in a wrongful death. Often, it involves an act of negligence, like a collision with an impaired driver. A mistake by a medical care professional might also qualify. Defective products or even intentional criminal acts could result in a viable case for compensation.
The same death that leads to a homicide charge might also serve as the basis for a wrongful death action. Although these cases are not criminal, they can arise from the same circumstances as a murder charge. It is worth noting that a lawsuit can be viable whether the state chooses to seek a conviction.
Let a Callaway Wrongful Death Lawyer Handle Your Case While You Focus on Healing
You should never have to face the emotional turmoil of losing a beloved family member while also navigating the court system. When you put your case in the hands of our Callaway wrongful death lawyers, you can focus on the grieving process.
At Ged Lawyers we approach every case with compassion and respect. We treat you the way we would want to be treated, because we understand how difficult loss can be. Contact us as soon as possible for a free confidential consultation.