The death of a loved one due to another person’s actions can be devastating. Along with grief, you may also experience anger and a sense of powerlessness. Holding the responsible party accountable can help you and your family begin to move forward.
Consult a Kissimmee wrongful death lawyer about whether a lawsuit may be a viable option for your family. Our personal injury attorneys are the legal professionals other lawyers turn to when they need an effective, ethical advocate. We could handle your case with compassion and aggressively pursue appropriate compensation for your devastating loss.
Defining Wrongful Death
A wrongful death occurs whenever a person, company, organization, or government entity contributes to a fatal event through negligent, reckless, or intentional conduct. The actions that led to the death may constitute a crime and carry criminal consequences for the wrongdoer. However, a wrongful death claim could still arise even if there was no crime or if the wrongdoer is found not guilty in a trial.
Proving a party is responsible for a death depends on the circumstances. The attorneys at Colling Gilbert Wright handle wrongful death claims in Kissimmee arising out of:
- Motor vehicle accidents
- Medical mistakes
- Fires and explosions
- Accidents involving defective products
- Drowning
- Criminal violence
- Workplace accidents
For example, our firm secured $1,000,000 in a case involving medical malpractice, where an improperly performed pericardiocentesis led to a perforated heart and the tragic wrongful death of a patient.
Whenever someone’s actions or inaction contribute directly to another person’s death, a wrongful death claim may be possible.
There must be evidence connecting a party’s conduct to the situation that caused the death, but someone may be liable for wrongful death even if they did not intend harm. For example, if someone kills a guest during a hotel robbery, the hotel could be liable for wrongful death if its security measures were inadequate. Similarly, a motorcycle helmet manufacturer could be liable if a defective helmet led to a biker’s death in a wreck.
The Process for Bringing a Wrongful Death Claim
A wrongful death lawsuit is a type of personal injury claim. Because the injured person is no longer alive, some legal procedures differ from standard personal injury cases.
The personal representative of your deceased loved one’s estate must file the lawsuit on behalf of the surviving family members and heirs. The probate court appoints this representative to oversee the administration of the estate. While they may be a family member, they bring the lawsuit on behalf of all heirs, not just themselves.
You have two years to file a wrongful death lawsuit. Our Kissimmee attorneys at The Florida Firm generally advise filing a wrongful death claim as soon as possible after the court appoints the representative. In many cases, the estate is entitled to a portion of the lawsuit proceeds, so delaying the filing may prolong the probate process.
Potential Compensation for a Wrongful Death
Florida Statutes § 768.21 governs who may receive the proceeds of a successful wrongful death claim. The spouse, children, parents, and, in some cases, other relatives may receive compensation. Under certain circumstances, your loved one’s estate may also receive a portion of the settlement.
You and the other survivors may receive the value of the income and services the deceased would have contributed to your household. Spouses may receive damages for the loss of companionship, while both spouses and children may get compensation for mental pain and suffering.
Determining the allocation of wrongful death proceeds is complex and depends on numerous variables, including the familial relationship to the deceased and the life expectancies of both the deceased and the survivors. Our wrongful death lawyers in Kissimmee can explain how these and other factors may affect distribution in your case.
Consult Our Attorneys After a Wrongful Death in Kissimmee
There is no cure for grief, and only time can make it more bearable. However, holding wrongdoers accountable may provide some satisfaction, and the money your family receives may ease the financial burden you may be experiencing. Our attorneys at The Florida Firm have secured settlements and verdicts exceeding $1 million in many cases. Reach out to a Kissimmee wrongful death lawyer at our office for a free consultation to find out whether a wrongful death lawsuit may be an option for your family.