Carrollwood Wrongful Death Lawyer
Losing a loved one is never easy, but when the death was caused by the negligent actions of someone else, the aftermath of the accident is even more stressful and upsetting. If you have lost a loved one due to someone else’s carelessness, you can file a claim to recover certain types of compensation. This compensation is meant to offset the financial burden the death placed on you. After losing a loved one, our Carrollwood wrongful death lawyer can help you claim the full damages you deserve.
Defining Wrongful Death
A wrongful death is any death that is caused by the negligent or intentional act of another person. Essentially, if the death would have been avoided if the at-fault party had acted in a reasonable and safe manner, it is a wrongful death. Many people confuse wrongful death with a criminal act, but these cases are very different. Criminal acts such as murder and vehicular manslaughter can result in a wrongful death claim. However, wrongful death claims are civil legal actions and are separate from criminal cases.
The case of O.J. Simpson is one of the most famous. Simpson stood criminal trial for the deaths of Nicole Brown Simpson and Ron Goldman. While Simpson was found not guilty during that trial, he was also found liable for the deaths in the wrongful death claim Goldman’s father filed against him. The case of O.J. Simpson highlights the fact that not only are civil and criminal cases different, but an outcome in one has no bearing on the outcome of the other.
Causes of Wrongful Death
Just about any accident could be so severe it results in a wrongful death. However, there are some causes that are more common than others, and these include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Premises liability accidents
- Pedestrian accidents
- Medical malpractice
- Accidents involving children
Any time a person passes away due to one of the above types of accidents, their loved ones can claim damages for the wrongful death.
Who Can File a Wrongful Death Claim?
Florida law is very clear about which parties can file a wrongful death claim. Under the law, the personal representative of the deceased’s estate must file a wrongful death claim. The personal representative of the estate is usually named in the deceased’s estate plan or will. If a personal representative is not named in the estate plan, the court will appoint one. After a personal representative is successful with their case, the estate then decides which relatives will receive compensation. Florida law names certain loved ones, such as spouses, children, and parents, but each case is different.
Our Wrongful Death Lawyers in Carrollwood Can Advise on Your Claim
If you or someone you love has passed away due to the negligent actions of someone else, our Carrollwood wrongful death lawyers at Rinaldo Law Group can assist with your claim. Call us today at 813-831-9999 or contact us online to schedule a free consultation and to learn more about how we can obtain the fair settlement you deserve.
