Tallahassee Wrongful Death Attorney
After the death of a loved one, particularly an unexpected death, you may not be able to process the legal ramifications. The law permits certain family members to file a wrongful death lawsuit in some cases. It can be quite difficult to think about taking legal action after a family member’s death. There are numerous considerations to take, and complicated laws to contend with. If you believe your loved one was the victim of a wrongful death, read the information below and contact an experienced Tallahassee wrongful death attorney in your area.
What Is a Wrongful Death?
It is important to note that not every unexpected death is a wrongful death. Florida law defines a wrongful death as a death caused by negligence or misconduct. In other words, someone else’s unlawful action (or inaction) caused the death. It can be difficult to prove negligence or misconduct under Florida’s strict wrongful death laws. Your lawyer can determine whether you have a valid claim, and can fully explain your options.
Pursuing a Wrongful Death Claim
Florida’s wrongful death statute permits only certain surviving family members to file a wrongful death claim. Under this law, the following relatives of the deceased can file a wrongful death lawsuit:
- Child; and
Additionally, blood relatives and adoptive siblings who were dependent on the deceased may also file a suit. An important step in pursuing a wrongful death lawsuit is identifying the party or parties responsible for the death. Another key element of the lawsuit is showing the responsible party acted negligently, recklessly, or deliberately to cause the death.
Many wrongful deaths are caused by negligence. Negligence in a wrongful death case means that someone failed to meet a duty of care they owed to the deceased, and that failure caused the wrongful death. In some cases, wrongful death claims based on negligence can arise from medical malpractice cases where the patient died. Medical professionals have a certain duty to care for their patients based on professional standards. When a doctor or other provider fails to do their duty, and that causes the patient’s death, the provider may have acted negligently. All wrongful death cases are different, and rely on the specific facts at hand. Because of the complicated state law, it is important to consult with an experienced attorney before filing your lawsuit.
Damages from Wrongful Death
A surviving family member can seek damages, or financial compensation, for the loss of their loved one. Common wrongful death damages may include:
- Loss of companionship;
- Funeral expenses;
- Final medical expenses;
- Mental pain and suffering;
- Parental companionship (in some cases); and
- Loss of support and services.
Which particular damages you seek will depend on your relationship to the deceased.
Call Our Tallahassee Wrongful Death Attorneys Today
Do you think your loved one was the victim of a wrongful death? If so, contact Zelman Law right away. Our Tallahassee wrongful death attorneys understand the emotional difficulties you may be facing, and we are here to offer empathetic legal advice. We also understand that you likely have many questions and concerns about taking legal action. We will take the time to thoroughly review your case, and explain all of your options. Contact us today to schedule your consultation.