Wrongful Death Lawyers Serving Ocala
Wrongful death claims are an important legal process for those who have lost a loved one due to the negligence of another party. These claims can provide both financial and emotional compensation to survivors in the wake of tragedy. In Florida, wrongful death claims may be filed by a personal representative of the deceased's estate and can result in significant awards of money.
For families dealing with the unexpected death of a loved one, wrongful death claims can provide the closure they need to move forward with their lives. It is important to understand that filing a wrongful death claim does not negate the emotional pain and suffering associated with losing a loved one, but it does help protect their rights.
In addition, it may provide necessary financial assistance to help surviving family members cope with medical and funeral expenses, as well as other costs associated with the deceased's passing.
It is also important to note that these claims are subject to Florida's strict statute of limitations, which means that potential plaintiffs must act quickly after the death of a loved one if they want to pursue a wrongful death claim.
An experienced wrongful death lawyer can explain the intricacies of Florida law and advise potential claimants on how to proceed with a claim. By understanding their rights and how best to pursue justice, families in Florida can find some closure after the unexpected death of a loved one.How Long Do I Have to File a Wrongful Death Claim in Florida?
In Florida, the statute of limitations for wrongful death claims is two years from the date of death. This means that if you do not file a wrongful death claim within two years of the death, you will no longer be able to seek compensation for the death. Some exceptions exist, including minors, but it is important to file your claim as soon as possible to preserve your rights.
The statute of limitations applies to all wrongful death claims, regardless of who is responsible for the death. This means that even if the person responsible for the death was never charged with a crime, you still have two years from the date of death to file a wrongful death claim.
It is important to remember that time is of the essence when filing a wrongful death claim in Florida. If you wait too long to file, you may be prevented from seeking the compensation you deserve for losing your loved one. Therefore, it is important to speak with an experienced wrongful death lawyer as soon as possible after the death of your loved one to ensure that your rights are protected.Who Can I Sue In a Wrongful Death Claim?
You may have the right to pursue a wrongful death claim if your loved one has died due to someone else's negligence or wrongful act. Depending on the circumstances, you may be able to sue the responsible party or parties for their negligence and/or wrongful act.
Under Florida law, the representative of the deceased's estate is usually responsible for filing a wrongful death claim. The surviving family members, such as the spouse, children, and parents, are allowed to be compensated for the damages suffered due to the death of their loved one.
The people who can be sued in a wrongful death claim vary depending on the circumstances of the death. Generally, those who can be sued include:
- The person who caused the death.
- A company or organization that employed or provided a service to the deceased.
- The manufacturer or distributor of a defective product that caused or contributed to the death.
- An employer who was negligent in their duty to provide a safe workplace.
- A doctor or hospital who was negligent in providing care.
The purpose of a wrongful death claim is to seek financial compensation for the losses suffered by the survivors. This may include lost wages, medical bills, funeral expenses, pain and suffering, and other costs associated with the death of your loved one. It is important to speak with an experienced wrongful death attorney to ensure that all potentially responsible parties are held accountable.What Are Some of The Factors I Should Consider Before Hiring a Wrongful Death Lawyer?
When considering hiring a wrongful death lawyer, there are several factors to consider. First, you will want to determine if the attorney specializes in wrongful death cases. Many lawyers have experience in other areas of law and may not be familiar with the nuances of wrongful death cases.
You also want to ensure the attorney has experience in your state's legal system and an understanding of local court rules and procedures. Additionally, you should inquire about the lawyer's success rate in these types of cases and how long they have been practicing law.
You should also ensure that the attorney is willing to work closely with you throughout the process and explain each step of the case in detail. Ask about the cost of their services and any additional fees that may arise during the case.
Finally, ensure that you feel comfortable speaking with the attorney and that they treat you with respect. Hiring the right wrongful death lawyer can make all the difference in obtaining a favorable outcome for your case.What If the Person Responsible for My Loved One's Death Was Never Charged with a Crime?
It can be incredibly difficult to come to terms with the fact that someone is responsible for the wrongful death of a loved one yet was never charged with a crime. It can seem as if justice has not been served. Fortunately, there is still recourse available to grieving families in the form of a wrongful death claim.
In a wrongful death claim, the deceased's family can sue the person or party they believe is responsible for their loved one's death—regardless of whether or not they were ever charged with a crime. In such cases, it is important to speak with an experienced attorney as soon as possible to determine whether you have a viable case.
For example, even if the person or party who caused the death was never charged with a crime due to insufficient evidence or because the police department closed the investigation, a wrongful death claim could still be successful. As long as the family can show that their loved one died due to another's negligence, recklessness, or intentional wrongdoing, they may recover compensation for any medical bills, funeral expenses, lost wages, and other damages related to their loss.
If you are considering filing a wrongful death claim against someone who was never charged with a crime, it is especially helpful to speak with a skilled and knowledgeable attorney who can help guide you through the process and ensure your legal rights are protected.Can I Be Represented by The Same Lawyer Representing the Other Party?
When someone has died due to the negligence of another, it is not uncommon for the other party to be represented by an attorney. In many cases, the victim's family may want to pursue legal action and wonder if they can be represented by the same lawyer representing the other party.
The answer to this question is generally no, as a conflict of interest would arise if a single lawyer were to represent both parties in a wrongful death case. In addition, an experienced wrongful death lawyer will have a deeper understanding of the law and be better prepared to fight for their client's rights in court. The victim's family needs to find a lawyer who can give them the best possible representation and legal advice, as well as one who understands their unique circumstances.
When it comes to wrongful death claims, it is critical that you have experienced legal representation on your side. A lawyer can help you navigate the complex legal process and ensure you receive the compensation you are entitled to. It is important to remember that you are not obligated to work with the same lawyer as the other party, and it is usually in your best interest to seek out a lawyer solely dedicated to representing your interests.What Other Claims Can I File Alongside a Wrongful Death Claim?
In Florida, you can file various other claims alongside a wrongful death claim. For example, if someone else's negligence killed your loved one, you can bring a negligence claim. This type of claim is based on the idea that the responsible party failed to exercise reasonable care and their actions resulted in the death of your loved one.
In addition to a negligence claim, you may also be able to file a survival action. A survival action is when the deceased person's estate files a claim on their behalf. This type of claim seeks compensation for any medical bills, pain, suffering, or lost wages that the deceased experienced before they passed away.
Finally, in some cases, you may also be able to file an intentional tort claim. Intentional torts are when someone intentionally causes harm to another person, including death. If this is the case, you may be able to file an intentional tort claim against the responsible party seeking damages.
It is important to remember that all of these claims must be filed within a certain amount of time after your loved one's death to be valid. You should speak with an experienced wrongful death attorney as soon as possible to ensure that your rights are protected.Can I File a Claim Against Someone Who Has Been Convicted?
Yes, you can file a wrongful death claim against someone who has been convicted of a crime that resulted in the death of your loved one. However, it is important to note that such claims are not necessarily straightforward and may require a thorough understanding of Florida law to pursue properly.
When a person has been convicted of a crime that resulted in the death of another person, it is possible to bring a civil lawsuit for damages. This lawsuit is separate from any criminal charges the convicted person may have faced and is known as a "wrongful death" claim. This type of claim seeks monetary compensation for the victim's family for their losses stemming from the wrongful death.
To successfully pursue a wrongful death claim, you must be able to prove that the defendant's actions were the proximate cause of your loved one's death. This means there must be an established connection between the defendant's conduct and your loved one's death. Additionally, you must also prove that you have suffered damages as a result of the wrongful death.
The process of filing a wrongful death claim against someone who has been convicted can be complicated and time-consuming. It is, therefore important to seek legal representation if you are considering pursuing such a claim. An experienced wrongful death attorney can help ensure that your rights are protected and that you receive the compensation you deserve for your losses.What Factors Determine The Success or Failure of My Claim?
When filing a wrongful death claim, several factors determine the success or failure of your claim. These include whether you can establish that the other party was negligent, the availability of insurance coverage, and the amount of damages being claimed.
To prove that another party was negligent, you must be able to show that they breached a duty of care owed to your loved one. This requires evidence that they acted in a way that a reasonable person would not have and that their actions directly caused your loved one's death. You must also be able to prove that there were damages as a result of the death, such as medical expenses, funeral costs, loss of income, and pain and suffering.
The availability of insurance coverage will also be a factor in the success of your wrongful death claim. If the responsible party has sufficient insurance coverage, this could help cover some or all of your damages.
Finally, the amount of damages being claimed is an important factor in determining the success or failure of your claim. The amount of damages will depend on the circumstances surrounding your loved one's death, and it may require expert testimony from medical and financial experts to calculate the total damages.
Ultimately, the success of a wrongful death claim will depend on the strength of the evidence presented. Working with an experienced lawyer who can review the evidence and convincingly present your case is important.Does Double Jeopardy Apply in a Wrongful Death Claim?
The concept of double jeopardy does not apply to wrongful death claims. Double jeopardy is a criminal law concept, meaning a person cannot be prosecuted twice for the same crime. Wrongful death claims are civil in nature and do not involve criminal charges. Therefore, even if a person responsible for a loved one's death is tried and acquitted of criminal charges, they can still be held accountable in a wrongful death claim.
When a wrongful death claim is filed, the party responsible for the death is being sued for damages by the deceased's family. This means that any monetary compensation awarded is intended to replace the financial losses experienced due to the untimely death of their loved one. Unlike criminal proceedings, where a person can be sent to prison, the consequences of a wrongful death claim are generally limited to a financial penalty.
If you believe your loved one was wrongfully killed and want to seek justice, speak with an experienced wrongful death attorney to discuss your case and determine what legal options are available. A skilled attorney will guide you through the process, helping you understand the complexities of wrongful death law and how it applies to your situation.Contact Frankl Kominsky Injury Lawyers - Wrongful Death Lawyers Serving Ocala
At Frankl Kominsky Injury Lawyers, we are committed to helping families through the difficult times after the wrongful death of a loved one. We understand the complex legal issues surrounding wrongful death cases and will work hard to get you the compensation you deserve. Our experienced attorneys understand the pain and suffering of wrongful death, and we are here to ensure that you receive fair and just compensation.
We are experienced in dealing with insurance companies, defendants, and any other parties involved in your wrongful death claim. We will fight aggressively on your behalf to obtain the best possible outcome for your case. We have a long history of successful verdicts and settlements and can provide references to past clients who have been satisfied with our service.
If you or a loved one has been affected by a wrongful death, contact us today to learn more about how we can help. Our attorneys will be happy to answer any questions you may have and guide you through the process of filing a claim. With our knowledge and experience, you can rest assured that your case is in capable hands. Contact Frankl Kominsky Injury Lawyers today for wrongful death lawyers serving in Ocala and surrounding areas, call (561) 800-8000 for an in depth and comprehensive consultation.