Hamilton County Wrongful Death Attorney
Nobody wants to hear that a loved one has unexpectedly passed away. It can be a devastating situation. Not only did you love that person, but that person may have provided you with financial support. Plus, if someone caused your family member to die, you may want to seek justice.
When a person dies due to someone else’s negligence, this is called wrongful death. Florida law allows you to file a lawsuit against the liable party and sue them for damages that you and other family members have suffered due to the victim’s death.
Keep in mind that a wrongful death lawsuit is not intended to act as a punishment for the defendant. Instead, these civil suits provide financial compensation for surviving family members so they can pay for funeral expenses, lost wages, and other expenses, which is how an experienced Hamilton County wrongful death attorney can help. If there are criminal charges, prosecutors will pursue them separately.
Types of Wrongful Death
A family can file a wrongful death lawsuit if their loved one has been killed by the following types of accidents:
- Automobile accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Slips and falls
- Nursing home abuse
- Premises liability
- Product liability
Wrongful death does not necessarily have to be an accident. It can also be an intentional act, such as assault, battery, or some other crime. It is possible for someone who has killed a person to face both criminal and civil charges for their actions.
Proving Wrongful Death
In order to bring about a valid wrongful death claim, the victim’s family must prove that:
- The defendant had a duty of care toward the victim.
- The defendant breached this duty.
- This breach of duty led to the victim’s death.
- The surviving family members of the victim suffered a financial loss.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The name of the personal representative can be found in a person’s will. If the victim did not create a will before they died, then the court can legally appoint someone to fill that role.
The personal representative can then file the wrongful death claim. This allows them to seek damages on behalf of the victim’s estate as well as the victim’s close relatives of the deceased person. Proceeds from a lawsuit may be distributed among family members such as the victim’s spouse, children, and parents. If there are none, then the proceeds may go to distant relatives, such as siblings, nieces, nephews, and grandparents.
Contact a Hamilton County Wrongful Death Attorney Today
A loved one’s unexpected death can lead to a lot of financial damages. Families may not be prepared for funeral expenses, medical bills, loss of financial support, mental anguish, and other costs.
The Hamilton County wrongful death attorneys at Meldon Law will fight hard for your family and provide you with compassionate representation during this difficult time. To schedule a free consultation, fill out the online form or call (800) 373-8000.