Hudson Wrongful Death Lawyer
The sudden and unexpected death of a loved one produces a wide range of emotions, ranging from grief over the loss to anger at the thought someone else’s reckless or careless actions may have caused that death. While the law cannot do much to remedy grief, it can help the families of victims obtain a measure of justice against the negligent parties through a wrongful death claim.
A Hudson wrongful death lawyer can assist you in seeking monetary damages if you have lost a close family member due a preventable accident or intentional criminal act. At Florin Gray, we help families obtain some measure of closure through the legal process. A wrongful death lawsuit can obtain damages for the loss of support provided by your loved one, as well as your ongoing pain and suffering.
How Florida’s Wrongful Death Law Works
A “wrongful death,” according to Florida law, is any death caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or legal entity. Basically, a death is wrongful when it was the result of either a negligent or intentional act.
Unlike most personal injury cases, wrongful death claims are governed by a specific Florida statute. That statute provides that the personal representative (or executor) of the victim’s estate must file any wrongful death lawsuit on behalf of the estate and certain surviving family members. There is normally a two-year statute of limitations in wrongful death cases, and that time starts to run on the day the victim died, not when the original accident or intentional act occurred.
It is important to note that with respect to wrongful death based on intentional acts, such claims are independent of any criminal action that may be brought against the same defendants. In other words, a personal representative can sue and collect damages from a defendant in a wrongful death case even if that same defendant was never charged–or tried and acquitted–with a crime in connection with the victim’s death. This is because the standard of proof in a wrongful death case is much lower than the bar for securing a criminal conviction.
But regardless of whether the wrongful death was the result of negligence or an intentional act, the damages the estate may seek are largely the same. The family of the victim is entitled to seek monetary damages as compensation for the loss of the victim’s support, services, companionship, protection, and parental guidance, as well as reimbursement for any medical or funeral expenses they paid on the victim’s behalf. The estate itself may also seek damages that the victim incurred between the time of their injury and the date of their death.
Contact Florin Gray Today
Wrongful death cases are often complicated by a number of factors. So given the strict two-year deadline to file a claim, it is imperative that you consult with a qualified Hudson wrongful death lawyer as soon as possible following the victim’s death. If you would like to speak with an attorney as soon as possible, contact Florin Gray, today to schedule a free consultation.