Losing a loved one is one of the toughest seasons you’ll experience in life. The sting of knowing their death was the result of another’s negligence and could have been avoided. While no action can undo such a tragedy, you may be entitled to recover damages from the responsible party for expenses and losses related to your loved one’s death. In such cases, filing a claim with a wrongful death attorney in Ocala can help guide you through the complexities of the legal system and ensure you receive compensation for the sudden, premature, and unnecessary loss of your loved one. Below, we discuss when you can file a wrongful death claim and how its value is determined.
When Can You File a Wrongful Death Claim?
Wrongful death in Florida is defined as a death that occurs because of someone else’s negligence, malpractice, default, wrongful act, or breach of contract. Wrongful death claims can be filed on behalf of the family of a loved one who died due to injuries from accidents such as:
- Car crashes
- Slips and falls
- Medical errors
- Bicycle accidents
- Pedestrian accidents
- Dog bite attacks
- Birth injuries
Wrongful death claims are civil cases and separate from criminal trials, so you can file a wrongful death claim at the same time. Your damages are awarded separately, so you may be able to receive compensation with a wrongful death claim even if the defendant is dismissed or found not guilty in the criminal trial. It’s best to contact a wrongful death attorney in Ocala to determine whether you’re eligible to file a claim.
Who Can Recover Damages in a Wrongful Death Claim?
You may be able to file a wrongful death claim if you were financially or emotionally supported by the decedent (the person who passed away). Spouses, parents, partners, and children under 25 are generally eligible to claim damages. Other family members, such as siblings, grandparents, and extended family, may also be entitled to damages from wrongful death claims if they can demonstrate their financial dependence on the deceased. In addition, the decedent’s personal representative may be able to recover damages on behalf of their estate.
Types of Damages You Can Recover
Wrongful death claims allow you to receive compensation for damages associated with your loved one’s unexpected death, such as medical treatments, funeral expenses, loss of support, and emotional distress. Florida Statute 768.21 denotes the types of damages beneficiaries can recover with a wrongful death claim:
Funeral and Burial Expenses
Funerals are expensive and are something that people may set aside funds for during the estate planning process. If a loved one passes away suddenly, there may not be sufficient funds for a proper burial and funeral service, placing a substantial financial burden on the family.
Loss of Income and Support
The decedent’s sudden injury likely put a financial burden on the family that relied on their support. For this reason, you may be eligible to recover damages (with interest) for the loss of support and income from the date of the decedent’s injury up to the time they died. You can also recover damages for future income and support based on the decedent’s estimated income and the value of the support they provided the family. If your loved one provided household services, you may be able to claim damages for tasks you need to outsource now that your loved one has passed.
Pain and Suffering
A surviving spouse, minor children, or parent of an adult child may be able to recover damages for pain and suffering for mental distress related to the decedent’s loss. These damages can help cover costs for therapies and treatments associated with the loss.
Prospective Estate Accumulations
Surviving immediate family members may be able to recover damages for the estimated possessions and funds that would have been a part of your loved one’s estate if they had lived their full life. This could include funds and savings the decedent would have accumulated and left to beneficiaries as an inheritance.
Loss of Parental Companionship, Guidance, and Instruction
Minor children of the deceased may be entitled to damages related to the lifetime of support and guidance the parent would have been able to provide if they hadn’t passed away. These damages may help offset the cost of therapies for trauma and mental disorders related to the lack of parental guidance.
Determining the Value of Wrongful Death Cases
Florida law considers several factors when determining the type and amount of damages survivors are eligible to receive. Factors such as the survivor’s relationship to the decedent, the amount of support the survivor received, the decedent’s potential earning capacity, the survivor’s economic status, and the joint life expectancies of the deceased and the survivor are all considered.
Wrongful Death Settlement Process
To pursue a wrongful death claim, contact an experienced wrongful death attorney in Ocala, like our team at The King Law Firm. You have two years from the day your loved one died to file a wrongful death claim. However, filing as soon as possible will ensure that a thorough, accurate, and detailed investigation can be performed. Once the claim is started, we’ll conduct an internal investigation into the negligent behavior that caused your loved one’s unexpected death. We’ll gather crucial evidence, including security footage, eyewitness accounts, and expert testimony. We also analyze autopsy reports and utilize digital models to reconstruct the events leading up to the accident. We will use this evidence to achieve the best outcome for you and your family.
King Law Firm: Wrongful Death Attorneys in Ocala
While it’s impossible to bring your loved one back, filing a wrongful death claim can help ease the burden of the financial impact of dealing with your loved one’s unexpected death. At The King Law Firm, our experienced team of wrongful death attorneys in Ocala has helped dozens of families receive millions in damages for wrongful death claims in Central Florida. We’ll assess all available damages that may be available, including insurance coverages from both the at-fault party and your loved one’s own insurance. Contact our Ocala wrongful death attorneys at 352-269-1814 for a free consultation to discuss your case.
