No amount of money can ever make up for the tragic loss of a loved one following a fatal accident. As such, we would like to begin by extending our sincere condolences at this distressing time. Our Sarasota wrongful death lawyers may be able to help you and your family.
While taking legal action may not be a priority for you right now, we know how important monetary damages are in helping families cope financially in the absence of their loved ones. Our legal team can explain how to seek compensation from the responsible party through a wrongful death claim and how the Sarasota personal injury lawyers at GED Lawyers can help. Call us today for a free case consultation. We’ll be there when you need us.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil case entirely separate from criminal prosecution. Its purpose is to compensate the deceased’s surviving family for their loss following a death caused by the negligence or misconduct of another person or organization.
Wrongful death actions can be filed for a variety of reasons, stemming from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boat accidents
- Pedestrian accidents
- Workplace or construction accidents
- Dangerous or defective products
- Fatal slip and fall accidents
- Medical malpractice
Establishing Fault in a Sarasota Wrongful Death Case
The key to proving a wrongful death case is building evidence that demonstrates the responsible party was negligent. To do this, you or your lawyer must show that:
- The defendant (the at-fault party) owed your loved one a duty of care
- The defendant breached that duty (they did or did not do something that most people in the same situation would)
- Your family member died as a result
- As surviving family members, you suffered damages due to the loss of your loved one
Our wrongful death attorneys are sensitive to the grieving process, so we know you are going through a most difficult ordeal right now. Let us take on the responsibility of building and pursuing your case with as little intrusion on you and your family as possible.
For a free legal consultation with our wrongful death legal team serving Sarasota, contact GED Lawyers today.
Who Can File a Wrongful Death Lawsuit in Sarasota?
Like most states in America, Florida has specific rules regarding who is eligible to file a wrongful death claim. Under Florida Statutes § 768.20, wrongful death claims must be filed by the personal representative of the deceased person’s estate. However, the beneficiaries, per Florida Statutes § 768.21, who can seek damages include the following individuals:
- Spouse
- Young children (defined as being under the age of 25)
- Adult children (if there is no surviving spouse)
- Both parents of a deceased minor child or baby
- The parents of the deceased when there are no other survivors
Other blood relatives or those dependent on the deceased for financial support may also be eligible after the primary beneficiaries listed above file a claim.
The personal representative of an estate may be designated by the deceased person’s will. In the absence of a will, the court will appoint a personal representative to handle legal issues and manage the estate. An attorney with GED Lawyers can provide legal guidance throughout the process.
What Financial Damages Are Recovered in Your Sarasota Wrongful Death Claim?
In Florida, wrongful death damages are calculated in several ways. For example, calculating lost income damages would depend on the deceased’s net income and be measured against what they would have contributed during their natural lifespan. Bonuses, commissions, or other work-related benefits are also considered.
Other financial damages may include:
- Loss of care, support, guidance, and advice that would otherwise have been provided had the accident not occurred
- Loss of companionship, or in the case of children, parental companionship
- Physical and mental pain and suffering to the victim before they passed and to the bereaved family afterward
- Medical expenses related to the negligent accident
- Funeral expenses and burial costs
In 2014, the Florida Supreme Court ruled that caps (limits) on non-economic damages were unconstitutional; therefore, there is no financial cap on wrongful death claims. However, there is a cap on non-economic damages in medical malpractice cases.
Our team fights for justice and fair compensation following the untimely death of a loved one due to negligence. We can offer skilled legal representation during this difficult time so that you can take the time you need to grieve your lost loved one.
How Our Wrongful Death Attorneys Support Bereaved Families in Sarasota
When our clients hire us to represent them in wrongful death claims, their needs and best interests are our top priority. We want you to know we will go the extra mile for you during this extremely distressing and sad time by managing every aspect of your claim and getting you the answers you deserve.
Our legal team can:
- Gather evidence to establish the party accountable for the accident that caused your loved one’s demise
- Negotiate with the responsible parties and their insurance companies to secure a fair settlement
- File a personal injury lawsuit against the at-fault parties within the statute of limitations
- Represent you in negotiations and court proceedings
We offer a free initial consultation and provide our legal services on a contingency fee arrangement. This means we provide the financial resources to build and pursue your claim and only recover our attorney fees when we achieve a favorable outcome for your case via a settlement or court verdict.
How Much Time Do You Have to Pursue a Wrong Death Lawsuit in Sarasota?
Most wrongful death lawsuits must be filed within two years per the state’s statute of limitations, Florida Statutes § 95.11. You must have your wrongful death lawsuit filed with the Sarasota County courthouse within two years of your loved one’s passing. There are exceptions to this statute that could change that deadline, but our wrongful death lawyers serving the Sarasota community can ensure your case is managed on time.
To do that, though, you must contact us as soon as possible. If you miss this deadline, the courts could bar your case, and you would be left with few options to receive a fair settlement. Without the right to sue, the insurance companies can justify whatever low settlement offer they provide, and you would have little recourse to challenge it.
Additionally, we can preserve evidence in your case before it is lost or destroyed if you reach out to us soon enough. Physical evidence, records and documents, and even eyewitness statements must be secured.
Examples of Situations That Could Give Rise to a Wrongful Death Lawsuit
Many circumstances result in fatal accidents, which could be the basis of a wrongful death lawsuit. Examples include:
- Motorists who drive under the influence of alcohol or drugs
- Negligent drivers who use their smartphones to text behind the wheel
- Reckless driving, such as speeding or tailgating
- Commercial trucking companies who fail to maintain their fleets properly
- Truck drivers or trucking companies who fail to meet licensing and safety requirements
- Companies that cut corners when manufacturing or testing the safety of their products
- Companies that fail to list warnings about their products on labels or instructions
- Construction site accidents involving electrocution, falls, explosions, or crush injuries
- Fatal slip-and-fall accidents caused by unattended wet floors, uneven pavements, or poor lighting
- Medical negligence, such as failing to diagnose, surgical errors, or mistakes with medication
- Companies that fail to train their staff properly
- Companies that fail to conduct proper background checks before hiring an employee
Whatever the nature of the accident that caused your loved one’s passing, if it was the result of another’s negligence or misconduct, you have the right to take legal action and pursue compensation. The sympathetic injury attorneys at GED Lawyers can help.
Reach Out for Support and Advice From Our Compassionate Team Today
Our wrongful death attorneys provide compassionate support for our clients, blended with aggressive representation during wrongful death litigation. Since 1995, we have been honored to help families who have lost loved ones in accidents caused by others’ negligence. Our Sarasota wrongful death lawyers are keen to help you, too.
If you have questions or want to know more about your legal options, call for a free initial consultation with GED Lawyers today.
