Lakeland Wrongful Death Lawyer

Losing a spouse or family member to the careless actions of another individual can be heartbreaking. If your loved one has passed away in an accident caused by a negligent party, you have the right to pursue an insurance claim or wrongful death lawsuit. 

A Lakeland wrongful death lawyer from Dismuke Law can help you navigate the legal process with compassion and sensitivity. We will construct an evidence-based claim and demand the settlement you need. 

When to Consider Hiring a Wrongful Death Attorney in Lakeland, FL

If you’re unsure whether you’re eligible to file a wrongful death claim, an attorney from our firm can assess your circumstances and advise you on your legal options. Here are some of the criteria they’ll look for to determine if you have the right to file a wrongful death claim or lawsuit:

• There was a death.
• The death was caused by another person’s negligence or intent to harm.
• The surviving family faces monetary losses because of the accident.

If any of these elements is missing or untrue, the case may not succeed. Therefore, it’s vital to consider hiring a professional, experienced lawyer. Our team understands how to demonstrate these elements and recover what you need. 

Who Can File a Claim?

Florida law puts restrictions on who can file a wrongful death claim. If you are the decedent’s spouse, child, or parent, you are within your rights under Florida Statutes § 768.20 to pursue legal action against the individual or entity who caused your loved one’s passing. 

If you are the decedent’s sibling or extended family member, you should consider speaking to our wrongful death lawyers in Lakeland, FL, about your options. Friends and colleagues of the deceased are generally not permitted to take legal action.

Damages You Might Receive From a Wrongful Death Claim

It is impossible to accurately assess the value of a person’s life with money. With that said, the purpose of a wrongful death claim is to ensure that the deceased’s family is financially taken care of. 

Depending on the circumstances of the case, you may receive compensation for:

• Lost wages: If you depended on the decedent’s income, these damages could help you stay financially stable during this uncertain time.
• Medical expenses: Depending on your loved one’s death circumstances, you may have been left with their end-of-life medical bills. These damages can cover any hospital visits or medical procedures your loved one received before their passing.
• Loss of companionship: If you relied on the decedent for advice and affection, these damages can help you cope with your loss of companionship.
• Funeral expenses: Giving your loved one a proper funeral and burial can offer the closure you deserve. These damages can help you give your loved one a memorable farewell.
• Pain and suffering: If your loved one was in great physical pain before they passed, our wrongful death attorneys can add these damages to your claim.
• Emotional distress: The sudden and tragic loss of a loved one can seriously affect a person’s psyche. If you’ve experienced problems with your mental health in the weeks and months following your loved one’s death, a lawyer can request damages to account for these hardships. 

Our firm supports you and your family through this difficult time. Please, do not hesitate to contact us.

We’ve Recovered Positive Outcomes for Grieving Families in Polk County

Our firm knows that no amount of money can truly account for your pain, suffering, and grief. Yet, we hope that a financial award serves as a measure of justice. In addition to accounting for certain losses, compensation can also grant much-needed closure. 

You can rest easily with our team on your side. That’s because we’ll do everything possible to secure the best possible outcome. Some of our previous case results include these stories: 

• Our clients came to us after tragically losing a five-year-old in a traffic accident. At first, the insurance company didn’t make an offer. So, we took the case to trial and recovered $16.5 million. 
• A driver on meth struck our client’s loved one head-on, causing a fatal collision. This highly-publicized case found its way into the Lakeland Ledger. We secured $7.25 million at trial. 
• Our clients lost a loved one in a fatal auto accident. The liable insurance policy only offered $10,000 in coverage. Yet, through a bad faith claim, we secured $1.1 million. 

These are just some of our success stories. When you entrust us with your case, we treat it as though it involves one of our family members. You can rest easy that with Dismuke Law on your side, we can do everything possible to secure what you need.

Our Lawyers Can Prove Negligence in a Wrongful Death Case

To file a wrongful death claim, the at-fault party must have been negligent and responsible for the death. Your attorney will collect evidence of your loved one’s accident to prove negligence. They’ll analyze police reports, witness statements, and other forms of evidence to build a case against the negligent party.

Types of Wrongful Death Incidents Our Lakeland Attorneys Have Filed Claims for

Our wrongful death lawyers have experience filing claims for fatal injuries sustained in several incidents. After working on hundreds of cases, we’ve gained the expertise to promote your case’s success. 

Our team in Lakeland can help you pursue damages if you lost a loved one in a: 

• Lakeland car accident
• Truck accident
• Bus accident
• Motorcycle accident
• Uber or Lyft accident
• Pedestrian accident
• DUI accident
• Boating accident
• Premises liability incident
• Negligent security incident

If someone close to you has passed away in one of the above mentioned situations, we offer our deepest condolences. Our wrongful death attorneys will investigate your loved one’s accident and build a strong wrongful death claim, so you and your family can get the financial support you need.

How Can an Attorney Assist You With Your Wrongful Death Claim?

Losing a loved one is incredibly challenging, and pursuing a wrongful death claim adds another layer of stress and complexity during such a trying time. At Dismuke Law, we understand the emotional and financial strain a wrongful death can cause. We are dedicated to taking the burden of the legal process off of your shoulders as we fight for you. A few of the ways we can assist include the following: 

• Legal Guidance and Support: Our attorneys offer invaluable guidance, explaining your rights and the legal processes involved. From filing the claim to representing you in court, we handle all aspects of the case, allowing you to focus on your family.
• Thorough Investigation: We diligently gather evidence, consult with experts, and reconstruct the incident to determine liability. This comprehensive approach helps build a strong case to support your claim.
• Negotiating Fair Compensation: Seeking fair compensation for your loss includes covering medical and funeral expenses, loss of income, companionship, and emotional suffering. We can negotiate with all parties to ensure you receive a settlement that reflects the full extent of your loss.
• Emotional Support: While our primary role is legal advocacy, we recognize the emotional toll of losing a loved one. We take a compassionate and sensitive approach, offering a supportive environment where you can express your concerns and ask questions about your case. 
• Pursuing Justice: By holding the responsible parties accountable, we aim to provide a sense of closure and help prevent similar incidents from occurring in the future.

At Dismuke Law, we are committed to standing by your side throughout the entire legal process, providing the experience and compassionate support you deserve. 

How Can Evidence Support Your Wrongful Death Claim?

Evidence is the cornerstone of any wrongful death claim, as it substantiates your case and helps establish liability. At Dismuke Law, we understand the importance of thorough and meticulous evidence collection. Here’s how different types of evidence can support your wrongful death claim:

Physical and Documentary Evidence

Reports, receipts, and other financial documents can be essential for proving negligence and establishing your damages. Accident reports and surveillance footage can help demonstrate how the responsible party’s actions caused your loved one’s passing, establishing liability. Medical records and funeral expense receipts quantify the economic impact of your loss and are essential for calculating fair compensation. Your other financial documents support claims for loss of income and other economic damages.

Witness and Personal Testimonies

Witness statements provide crucial details about the incident, helping to prove liability and negligence. Personal testimonies from the deceased’s loved ones can help illustrate the emotional impact of their loss, supporting claims for loss of companionship and emotional suffering.

Expert Testimonies

Medical experts explain the cause of death and how it relates to the responsible party’s actions. Accident reconstructionists recreate the incident, providing a clear picture of how the wrongful death occurred. Economists assess the financial impact of the loss, supporting claims for lost income and future financial support.

Evidence of Negligence or Misconduct

Documentation of any safety violations demonstrates that the responsible party failed to meet their duty of care. Evidence of reckless or irresponsible actions can strengthen your case by showing how the defendant acted negligently. 

Preserving the Integrity of the Case

Properly collected and preserved evidence ensures the integrity of your case. Our attorneys work diligently to secure all relevant materials, preventing tampering or loss. This meticulous approach helps build a robust wrongful death claim.

At Dismuke Law, we prioritize thorough evidence collection and meticulous documentation to build a strong wrongful death claim. Our goal is to provide you with the best possible chance of achieving justice for the loss of your loved one.

What Is the Wrongful Death Claims Process in Florida?

The wrongful death claims process is complex and involves several key steps to seek justice for the loss of your loved one. Understanding the following steps can help you understand what to expect and navigate the legal system more effectively:

• Filing the Claim: The first step is to file a wrongful death claim. In Florida, this must be done by the personal representative of the deceased’s estate. The claim should be filed within two years of the date of death to comply with the statute of limitations.
• Investigation and Evidence Gathering: After filing, your attorney will conduct an exhaustive investigation to gather evidence. This includes collecting medical records, accident reports, witness statements, and expert testimonies to establish liability and document damages.
• Negotiating With Insurance Companies: Once evidence is gathered, the next step is negotiating with the responsible party’s insurance company. The goal is to reach a fair settlement that covers medical expenses, funeral costs, loss of income, and emotional suffering.
• Litigation: If a settlement cannot be reached through negotiation, the case may proceed to litigation. During this phase, the case is presented in court, and a judge or jury determines the outcome based on the evidence presented.
• Compensation: If your claim is successful, compensation is awarded and distributed to the eligible beneficiaries, including the deceased’s spouse, children, and other dependents. This compensation aims to alleviate the financial burden caused by your loss and provide some measure of justice.

Navigating the wrongful death claims process in Florida can be complex and emotionally challenging. At Dismuke Law, we are here to provide the legal guidance and support you need through every step of the process. 

The Deadline for Wrongful Death Lawsuits in Lakeland, FL

HB 837’s new provisions must file your wrongful death lawsuit. The bill states that you generally have two years from the date of the decedent’s passing to file a civil suit. One of our wrongful death lawyers can keep your case on track and file your case before the deadline. 

However, if you wait too long to contact an attorney, they might not have the time to abide by the state’s filing deadline. If you’ve been putting off legal action, we encourage you to contact our attorneys ASAP to see your options.

Work With a Wrongful Death Lawyer From Dismuke Law

If you live in the Southwest Florida area and require the assistance of a wrongful death attorney, you can rely on the professionals at Dismuke Law. We have helped clients through tough cases for many years and can help you, too. 

A Lakeland wrongful death lawyer from our office will handle every stage of your case and ensure all deadlines and legal requirements are met. They’ll give you the best shot at recovering the damages you need to support yourself through this difficult time. Contact us today to schedule a free consultation.