Wrongful Death Attorney in Gainesville, Florida
Filing a Gainesville Wrongful Death Claim
One of the most trying times in your life can be coping with the loss of a loved one. The grief is only made all the worse when your family member’s death was caused by another party’s wrongdoing or negligence. In such times, you may be in the right to file a wrongful death lawsuit and receive not only the financial compensation you are entitled to, but also the closure you deserve in this trying time. Our team of Wrongful Death Attorneys in Gainesville can help you through this ordeal.
How Wrongful Deaths Occur
A wrongful death occurs when a person is killed due to misconduct or negligence of another party. Most states in America, Florida included, have legal statues compelling businesses such as hospitals, private medical practices, and manufacturing companies to act carefully in their professional responsibilities. However, despite the law, wrongful deaths can occur in situations such as:
- Vehicle Accidents – If a car involved in an automobile accident had defective parts that led to the accident, the manufacturing company may be held responsible. Similarly, if an employee of a trucking company breaks trucking regulations and causes an accident, the company they work for can be held liable.
- Anesthesia Malpractice – When an anesthesiologist fails in their professional responsibility and administers a fatal dose of anesthetic during a procedure.
- Medical Malpractice – The negligence of hospital workers in an emergency room environment can lead to wrongful death, stemming from grave errors during surgical procedures, misdiagnosis of a dangerous health condition, or discharging a patient early from the facility that needed further care.
Compensation for Wrongful Death
States allow heirs of a family to file a lawsuit in the event of wrongful death if another party’s negligence is what caused the death. When considering damages in the lawsuit, the court considers a number of factors to determine wrongful death damages, including:
- The salary of the deceased, or the money they otherwise earned while they were still alive.
- Any savings the deceased had.
- The extent to which survivors were financially dependant on the deceased.
- Any medical and funeral expenses incurred by the survivors.
- The pain and suffering of the survivors – also known as a “survival action.”
While the loss of a loved one can never be compensated by financial payments, in the event of wrongful death, a suit against the party responsible can alleviate the financial burden of such a trying time. It can also ensure the parties responsible are brought to justice to ensure no other family has to go through what you have.
Who Can File a Florida Wrongful Death Claim?
Florida law requires that a wrongful death claim can only be filed by the decedent’s representative of their estate. Many other states will allow a number of specific types of family members to file a claim but in Florida it must be the representative of the decedent’s estate. This representative of the estate can be named in a will or estate plan but in many cases, a person will pass away without having one of these. In this case, the representative of the estate will be appointed by the court.
A wrongful death claim is filed by this representative but through the decedent’s estate and on the behalf of any surviving family members. The relatives that can seek compensation in a wrongful death claim include:
- any blood relative or adoptive sibling that is partly or wholly dependent on the decedent for support or services
In cases where a child is born to unmarried parents, they can seek compensation for wrongful death if their mother dies. They can only seek compensation for wrongful death of the father if the father had formally recognized the child as their own and was obligated to provide support to that child.
Experienced Wrongful Death Attorneys in Gainesville
Each state has their own set of varying wrongful death laws, and they can be complicated to navigate without expert help. Consideration of a wrongful death lawsuit may not seem urgent during your grieving period, but be careful – you may lose your right to financial compensation if you do not file within a specific time frame.
An experienced Wrongful Death Lawyer can guide you through the process and help you receive the damages you are entitled to. If you believe your loved one’s death was caused by the negligence of a responsible party, contact The Eberst Law Firm online or call our Gainesville office at 772-225-4900 to discuss your case in a free consultation with one of our experienced Gainesville wrongful death attorneys.