Most of us have suffered through the pain of losing a loved one. A relative or close friend may have succumbed to an illness, or passed away from natural causes after having living a full life. But, imagine how you would feel if you lost a loved one because an individual or some other entity acted in a negligent manner?
According to the dictionary, wrongful death is described as “a death that results from a wrongful act or from negligence; a death that can serve as the basis for a civil action for damages on behalf of the dead person’s family or heirs”. This can include the same sort of events which lead to lawsuits requiring a wrongful death attorney: automobile accidents, slip and fall accidents, and incidents of medical malpractice, to name a few. In a wrongful death case, since the deceased person is not able to represent themselves, someone else must serve in that capacity on behalf of the deceased’s estate to pursue a claim against the at-fault parties. Papers are filed with the court to request that the person be appointed. Often, but not always, the personal representative is a family member of the person who died:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased (if there are no children)
Once the court approves the appointment of the personal representative, that individual will represent the survivors of the decedent and prepare a case with the help of a wrongful death attorney. Survivors are those who are entitled by law to recover damages resulting from the death of the individual. Survivors may be entitled to recover damages for the loss of financial support and companionship of the deceased, as well as the mental pain, anguish and suffering they have endured because of the untimely death of their loved one.
Florida law has very specific criteria determining who qualifies as a survivor of a decedent, and the law is equally specific about the types of damages for which the survivors may recover. The wrongful death attorneys at Goldberg, Racila, D’Alessandro & Noone, LLC, are extremely well-versed in every aspect of the laws regarding wrongful death lawsuits. We will fight aggressively to ensure you receive the maximum financial compensation you are entitled to under the law.
It doesn’t cost a penny to come in and speak to one of our attorneys to discuss your situation. Give us a call at 239-466-5508, and learn how we may be of service.