If your loved one suffered an untimely passing in an accident caused by someone else’s negligence, you may be able to pursue compensation through civil litigation. Losing a family member because of another person’s reckless misconduct is emotionally difficult.
For this reason, you should consider reaching out to an Indiantown wrongful death lawyer to discuss what legal recourse may be available to you. A compassionate personal injury attorney at Domnick Cunningham & Yaffa could help ease your distress during this difficult time and fight tirelessly for any compensation you may be entitled to.
Potential Causes of an Untimely Passing
There are many things that can cause a person to suffer a wrongful death. For example, the following circumstances may form the basis of a successful civil claim:
- Medical negligence
- Auto collisions
- Tractor-trailer wrecks
- Pedestrian accidents
- Bicycle crashes
- Dangerous products
When another party’s carelessness results in an accident that leads to a person’s untimely passing, the decedent’s surviving family members may file a wrongful death claim on their behalf with the help of an Indiantown attorney.
Elements of Negligence
In order for a lawyer in Indiantown to pursue a successful wrongful death claim on behalf of the decedent’s surviving loved ones, they would need to establish the opposing party’s negligence. It is essential to prove that the at-fault party owed the decedent a duty of care to exercise reasonable caution and that they violated or breached this duty and thereby caused the victim’s death.
Surviving relatives of the decedent could receive compensation for a variety of damages associated with the victim’s death. These could include medical costs, funeral expenses, loss of companionship, and pain and suffering as well as lost income that the victim would have reasonably earned had they survived.
Statutory Limits on Filing a Lawsuit
According to Florida Statutes §768.21, the decedent’s surviving spouse, children, parents, and any adoptive sibling or blood relative who was a dependent may recover compensation in a wrongful death lawsuit. The law mandates that the decedent’s personal representative file a wrongful death lawsuit on behalf of the estate and surviving family members. If the decedent did not appoint a personal representative in their estate plan or will, the court would designate one.
FL Stat §95.11(4)(d) gives potential plaintiffs two years from the date of the decedent’s death to initiate a lawsuit for damages. Certain circumstances could extend this statutory deadline.
It is crucial to adhere to the two-year filing deadline, as failure to do so could forfeit the plaintiff’s right to monetary damages. A wrongful death lawyer in Indiantown could advise a claimant on which statutory time-frames are applicable in their case.
Contact a Skilled Indiantown Wrongful Death Attorney Today
No amount of monetary compensation could make up for the loss of your loved one. An Indiantown wrongful death lawyer could walk alongside you during every step of the legal process, from investigating the death and collecting evidence to presenting a compelling case in court and obtaining compensation. Learn more about pursuing a claim for your loved one’s untimely passing by contacting our office today.
Speak to a member of our team today.