When one party causes harm and economic losses to another party, this can form the basis of a personal injury claim in North Florida. Success with a personal injury claim can enable the victim to be as whole as possible again, but when a person dies due to the actions of another party, their surviving family members are likely to wonder how they will ever recover. The unexpected death of a loved one is a tragic and painful experience, and knowing the death resulted from the actions of another party can add frustration to the emotions of this situation.
If you have recently lost a family member due to the negligence or intentional misconduct of another party in the Lakeside area or anywhere else in Northeast Florida, this could form the basis for a wrongful death claim. While this type of case shares many similarities with a personal injury claim and effectively replaces the personal injury claim the victim could have filed if they survived, there are special rules for wrongful death suits that you need to understand if you hope to succeed with the claim. Spohrer Dodd Trial Attorneys has years of experience handling these claims for clients in Lakeside, FL and we’re ready to provide the guidance you need for your impending case.
To succeed with any wrongful death claim, you must identify the party you believe to be responsible for causing the death in question and then prove the scope of the damages you and your family experienced from the death. Wrongful deaths most often occur from negligence in incidents such as car accidents, workplace accidents, and slip and fall incidents on private property. Wrongful deaths may also occur from intentional and illegal actions, such as drunk driving or interpersonal violence.
A Lakeside wrongful death attorney can work closely with the personal representative of the deceased to build and file the wrongful death claim. The representative bringing the case must name every beneficiary of the deceased in the claim, and the proceeds of a successful wrongful death claim are distributed to these beneficiaries according to the state’s law of intestate succession.
When you choose Spohrer Dodd Trial Attorneys to represent your wrongful death suit, we can carefully review the details of how the death in question occurred to firmly prove liability for the incident and identify the party responsible for the death. Once we form the foundation of your claim, we can assist you in discerning all forms of compensation you are entitled to seek from the defendant. It’s possible for a wrongful death claim to yield compensation for the lost financial support the victim provided to their family, compensation for damages incurred by the deceased’s estate, and pain and suffering compensation for the surviving spouse and children of the deceased. The sooner you reach out to a Lakeside wrongful death attorney you can trust, the more likely you are to succeed with your wrongful death claim.
A: There is a two-year statute of limitations for wrongful death claims filed in the state. This means a claim must be filed within two years of the death. The personal representative of the deceased’s estate must file the claim within this timeframe, or the family of the deceased must work with an attorney to petition the court to assign a personal representative. If a death results from murder or manslaughter, the statute of limitations for a subsequent wrongful death suit is lifted.
A: Only the personal representative of the deceased’s estate may file a wrongful death claim. If they died without an estate plan and/or without naming a specific personal representative, the court can appoint one. This is usually the surviving spouse or closest living relative of the deceased. Legal counsel you can trust in North Florida can be especially crucial for you and your family if your loved one did not name a personal representative or have an estate plan at the time of their death.
A: The goal of a wrongful death suit is to hold the defendant accountable for the economic impact their actions have had on the surviving family of the deceased. Your Lakeside wrongful death attorney can help calculate all claimable economic damages and determine a suitable amount to claim for pain and suffering. You have the greatest chance of success in maximizing your claim when you have legal counsel you can trust on your side.
A: Success with your impending wrongful death suit requires accurately identifying the party you believe to be liable for the death and then proving that their negligence or illegal misconduct directly resulted in the death. In other words, you must prove the death in question resulted solely from the defendant’s actions and not some other cause.
A: It is natural to be concerned about the potential cost of hiring an attorney for your impending wrongful death suit. The majority of wrongful death attorneys accepting cases take these cases on contingency. This means the client does not pay anything to their attorney upfront or during their case proceedings. Instead, they pay a percentage of their final case award to their attorney at the end of their case, but only if they win. Make sure you fully understand your chosen attorney’s billing policy before agreeing to their representation.
The team at Spohrer Dodd Trial Attorneys has years of professional experience helping clients in Lakeside and surrounding communities of Northeast Florida with all types of civil claims, including wrongful death claims. We take time to learn as much as possible about every client we represent, providing them with individualized, compassionate legal counsel. If you are ready to explore your legal options in the aftermath of a loved one’s untimely death, contact us today and schedule a free consultation with a Lakeside wrongful death attorney.