Experienced personal injury lawyers in Stuart, Gainesville, and the surrounding areas
The sudden and unexpected loss of a loved one in an accident can be devastating. You may be overwhelmed with grief while you are also dealing with substantial financial losses. If your loved one died because of the negligent actions of another, it is important for you to talk to experienced injury attorneys in Stuart who understand Florida’s Wrongful Death Act. While money can never replace your loved one, you should not have to bear the losses. The law shifts those costs to the person who caused your loved one’s death.
It is important for you to act promptly after your loved one’s death. This is important to determine fault and to prove liability before the spoliation of evidence might occur. The experienced and compassionate team at The Eberst Law Firm, P.A. will work aggressively for you to preserve the evidence and to hold the wrongful person who is to blame for the accident accountable so that you can be fairly compensated.
Statute of limitations
In Florida, you have two years from the date of your loved one’s death to file a claim, making it important for you to act quickly. If you miss the statutory deadline, you will be time-barred from recovering compensation for your losses.
The help we can offer
The Eberst Law Firm, P.A. regularly represents victims and their families in negligence claims and lawsuits. We are dedicated to helping people who have been harmed by the actions of others to recover damages. Based in Stuart & Gainesville, our lawyers represent families throughout the area to help them to recover the compensation that they deserve. We will advocate for you to receive the maximum possible compensation amount so that you can be made financially whole.
The damages that cases involving wrongful deaths may involve will depend on the specific facts of the cases. The available categories may include the following:
- Losses of your loved one’s future earning power
- Loss of companionship
- Medical bills before your loved one succumbed
- Loss of benefits
- Funeral and burial expenses
- Punitive damages
It is important that you choose the right attorneys to help you with your claim. We are aggressive and willing to litigate our cases fully in order to recover the compensation to which our clients should be entitled. Because of our dedication and experience, we are often able to recover maximal settlements and verdicts for our clients.
Understanding wrongful death claims
When people are killed because of the fault of others, lawsuits may be filed against those who caused the death. Because these lawsuits proceed under tort law, they may be filed in addition to any criminal cases that might also be pending. Civil lawsuits also require a lesser burden of proof than do criminal cases, making it possible to recover civil damages even in cases in which the perpetrators are found not guilty in their corresponding criminal cases.
Under the law, the estates of the decedents must be able to prove the following elements in order to have valid causes of action:
- The victim died;
- The death was caused by the negligent or wrongful conduct of an entity or another person;
- The decedent’s family is suffering financial harms as a result of the death; and
- The estate must be set up according to the laws in Florida, and there must be a personal representative.
It is traumatic to lose a loved one. If you have, you might want to get help from an experienced attorney to deal with the complexities of your claim. Our Stuart and Gainesville attorneys at The Eberst Law Firm, P.A. may help you to set up the estate and to thoroughly investigate your claim so that you may be appropriately compensated under the probate laws of Florida.