The preventable death of a loved one is devastating. When someone else’s conduct played a role in the death, managing your feelings can seem impossible. However, many families regain a sense of agency by pursuing legal action against the responsible party.
Contact a DeLand wrongful death lawyer at Colling Gilbert Wright for guidance. Our dedication, experience, and proven successes ensure that even our professional colleagues turn to the injury attorneys at our firm for compassionate and effective legal assistance.
What Is a Wrongful Death?
Many different events—including car accidents, drownings, and violent crimes—can cause fatalities. In legal terms, a wrongful death is a fatality that is caused primarily by another party’s reckless or intentional act, or their failure to take reasonable care.
Someone’s conduct does not need to be criminal to cause a wrongful death, but sometimes prosecutors charge those involved in the death with a crime. This situation could arise when your loved one is killed in a robbery, a deliberately lit fire, or a drunk driving collision. Yet, even if the person responsible is not convicted of any crime, you could still hold them liable in civil court through a wrongful death lawsuit in DeLand.
Fatal medical errors and nursing home neglect may also lead to wrongful death claims. Our attorneys have obtained verdicts or settlements exceeding $1 million in numerous cases against doctors and nursing homes in Florida when poor care led to a patient’s unintentional death.
The Personal Representative Brings the Claim
According to Florida Statutes § 768.20, the plaintiff in a wrongful death lawsuit must be the decedent’s personal representative. This is an individual named by the probate court to manage the decedent’s estate and distribute their property.
The personal representative is often the decedent’s surviving spouse, adult child, or other family member. However, when they file a wrongful death lawsuit, they are suing on behalf of all the family members who would be entitled to inherit under the law.
These are typically the decedent’s surviving spouse, children, or their estate. If the decedent did not leave a spouse or descendants, other relatives may be entitled to collect the proceeds. Our legal team in DeLand could review your family relationships to determine who would benefit from a wrongful death claim in your specific case.
Damages in Wrongful Death Cases
The compensation the family receives from a wrongful death lawsuit depends on numerous factors. Financially dependent family members may receive the value of the contributions the deceased person would have made to the household during their expected lifespan. Spouses could claim damages for loss of companionship, and other close family members may claim mental anguish damages for their grief.
Proving a Wrongful Death
When you bring a wrongful death lawsuit, you must prove that another party’s negligent or intentional conduct was the direct cause of your loved one’s death. The evidence required to prove this connection depends on the circumstances.
Our DeLand wrongful death attorneys have substantial experience investigating incidents that have led to death. We have the best opportunity to build and present a persuasive case if we become involved soon after your loved one dies.
The defendants may attempt to shift the blame for the incident onto your deceased loved one to decrease their liability. We know how to collect and present evidence that could weaken this strategy and preserve your family’s right to substantial damages.
Our DeLand Wrongful Death Attorneys Can Help You Pursue Justice
People who are grieving often find it hard to focus on practical matters, and talking to a legal professional about your loved one’s death might feel uncomfortable. However, many families find that holding responsible parties accountable helps them process their grief. Make an appointment to speak with an experienced DeLand wrongful death lawyer today. There is no cost for the initial consultation, and we do not collect any fee unless we win your case. Let us help you get justice for your loved one.