What is considered a wrongful death in Gainesville?

Gainesville, FLPersonal injury attorneys handle situations where a person was killed in an accident. Even though this victim is no longer around to file a lawsuit, there are wrongful death laws in Florida and every other state that allow their family members to sue on the deceased person’s behalf. These cases are similar to other negligence lawsuits, where the plaintiff is allowed to ask for various types of compensation to recover financial losses caused by the defendant. Those who have recently lost a family member should meet with an attorney in Florida who focuses on these kinds of cases. 

Situations that are considered a wrongful death

The civil wrongful death statute says that certain family members can bring a civil lawsuit against the person, business, or entity responsible for the death. If there are any related criminal charges, those must be filed by the government through a local prosecutor, and the burden of proof is higher in the separate criminal case. In the wrongful death action, a plaintiff has to show that their family member died due to the negligence, default, or intentional actions of the defendant. Most wrongful death cases are related to common personal injury situations such as motor vehicle crashes, workplace accidents, or premises liability for dangerous properties.  

Who can bring a wrongful death case?

The state of Florida has a wrongful death statute that lists the parties who are allowed to bring the case. In most situations, an immediate family member such as a spouse or child of the deceased person has the opportunity to bring the case. If these family members are unavailable, others such as parents and siblings can possibly take legal action. There are also time limitations on how long after the accident the case can be brought, so it is important for families of victims to try to get legal advice as soon as they can. 

Types of compensation in a wrongful death lawsuit

A wrongful death case offers many of the same types of compensation as standard negligence cases. This includes losses for the costs of medical treatment and hospitalization, non-economic damages for pain and suffering, and the person’s lost wages and income. There are also projected future losses that can become very large if the person had high earning potential. Wrongful death cases are unique in the fact that they also allow compensation for funeral and burial expenses in addition to these kinds of losses. 

Advice from a local personal injury lawyer in Gainesville

Anyone who wants to learn more about how to bring lawsuits for compensation can contact Koberlein Law Offices. Their attorneys can provide additional advice about the process of wrongful death lawsuits. 

Firm contact info:

Koberlein Law Offices

118 Ohio Avenue N, Suite A, Live Oak, FL 32064



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