Losing a family member is like nothing else. It causes deep emotional pain, feelings of loss, and anxiety, and can be physically and mentally exhausting. These emotions are even more intense when the careless actions of another caused the loss of a loved one. The last thing you want to do after the death of a family member is face a draining legal battle, but understanding the wrongful death lawsuit process can help you secure the compensation your family deserves.
At The Bruner Law Firm, you don’t have to. Our experienced wrongful death attorneys advocate for you and your family. We will work to hold the careless party responsible for their actions. And pursue the money you and your family need to remain financially stable. We understand that money is no substitute for losing a cherished family member. However, it can provide you and your family with the means to continue living life as your loved one would have wanted.
Contact our Panama City office today to explore your legal options for free. Learn how we can handle every aspect of your case, allowing you and your family much-needed time to grieve.
What Is a Wrongful Death Lawsuit?
Florida defines wrongful death as a death that occurs when a person or entity causes the death of another person through a “wrongful act, default, or breach of contract.” Wrongful death can arise from negligence-based accidents like car accidents, motorcycle accidents, or slip-and-fall incidents. Medical malpractice or intentional acts, such as acts of violence or crimes, can also trigger them.
Wrongful death cases work similarly to filing personal injury cases. In a personal injury case, an accident victim can pursue compensation for their injuries from an at-fault party. Wrongful death works in much the same way. The difference is that the individual did not survive their injuries. As a result, someone else must act on their behalf to hold the at-fault party accountable.
Who Can File a Wrongful Death Lawsuit?
Florida law limits who can file a wrongful death lawsuit on behalf of a deceased individual. In some jurisdictions, family members can file a lawsuit seeking compensation for wrongful death. Florida, however, only allows the personal representative of the deceased individual’s estate to file a wrongful death case.
A personal representative, sometimes called the executor, manages an individual’s affairs and estate following their death. The deceased’s will or estate plan typically names the executor. The court can appoint a personal representative if an individual dies without a will or an estate plan.
In addition to limitations on who can file a wrongful death lawsuit, there are also strict legal deadlines. The Florida statute of limitations on wrongful death gives the personal representative two years from death to file a lawsuit seeking compensation. This wrongful death care timeline can be challenging, especially in cases where there is no named personal representative, and the court needs to weigh in. This process takes time and can limit the time the personal representative has to file a case.
Key Steps in the Wrongful Death Lawsuit Process
The first and most crucial step in the wrongful death lawsuit process is the benefits of hiring a lawyer and a resourceful Panama City wrongful death lawyer. A wrongful death attorney can manage every aspect of your case, from uncovering evidence in wrongful death suits to adhering to strict legal deadlines.
Once you have an attorney working with you, they’ll start the wrongful death lawsuit process by gathering critical evidence before it can be lost or destroyed. They are also going to work with you to ensure that there is a personal representative has been appointed to manage the estate, especially since only the appointed personal representative can legally file a wrongful death lawsuit on behalf of the deceased.
Please read more about the personal injury process: Preparing for Your Personal Injury Mediation Process.
The next step involves identifying all liable parties and filing a complaint, naming those parties with the appropriate Florida court. The other parties have a limited time to respond to the lawsuit. During this time, your attorney builds a strategic and compelling case backed by evidence. This phase is called discovery, and it gives both sides access to the available information, allowing them to prepare for trial.
What most people may not realize is that most wrongful death lawsuits settle outside of the courtroom. Negotiations or settlement discussions typically occur once each side can access all the case information. In the case of a settlement, the compensation goes to the estate. From there, it is distributed to surviving family members or beneficiaries.
If both sides cannot agree to a fair settlement, it is time for a trial. In this process, a judge or jury reviews the evidence and arguments from both sides before wrongful death compensation is awarded.
Compensation Available in a Wrongful Death Case
Wrongful death cases can be complicated, meaning legal representation in wrongful death lawsuits is critical for obtaining the best possible outcome and fair compensation on behalf of your loved one. Compensation for wrongful death can include money for:
- Funeral expenses
- Lost wages and benefits
- Lost value of future earnings
- Loss of support and services
- Loss of companionship
Losing a loved one is painful. Don’t add additional stress and anxiety to your situation by filing a wrongful death lawsuit on your own.
Let Us Provide Effective Legal Representation For Your Panama City Wrongful Death Case
The compassionate Panama City wrongful death lawyers with The Bruner Law Firm know you are struggling. We aim to help you handle the challenges of a wrongful death lawsuit as sensitively and effectively as possible, providing solid legal advice and moral support during this painful time. Nothing can make up for the loss of a family member, but with the guidance and support of an experienced attorney, your family can seek a measure of justice. Let our team support you in understanding your rights and taking the first step toward getting the benefits you’re entitled to.
Call our Panama City office today at (850) 243-2222 or contact us online to request a free case evaluation and learn more about how we can help you and your family pursue the compensation you deserve.
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