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Plant City Wrongful Death Lawyer

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The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

The unexpected death of a loved one is always difficult, especially when learning that their passing resulted from another party’s negligence. In these situations, a wrongful death lawsuit could help you obtain justice for your loved one’s passing. 

Having the guidance of legal counsel could be beneficial during this difficult time. A Plant City wrongful death lawyer with Dismuke Law can help you navigate the legal process while protecting your rights at every step. Putting your case in our firm’s hands allows you to focus on grieving your loss and spending time with your family.

Have Our Wrongful Death Lawyers in Plant City Serve You

We understand how challenging this time is for you and your family. Instead of taking on the additional stress of going through the legal system, have one of our attorneys do the work for you.

They can:

  • Collect evidence
  • Hold the responsible party accountable
  • Manage all communication
  • Fight for a fair settlement
  • Meet all deadlines
  • Argue your case in court, if needed

Who Can File a Wrongful Death Lawsuit in Plant City, Florida?

Even though the surviving relatives of the deceased face the challenges of an unexpected passing, state law usually does not permit these family members to file a wrongful death lawsuit on their own. Florida requires a personal estate representative to initiate this type of legal action, according to Florida Statutes § 768.20

Typically, the decedent’s will dictates the personal representative of the estate, per Florida Statutes § 733.301. If there is no will or it fails to appoint a representative, the court should appoint someone based on preferences set by law. This person is often a surviving spouse.

Not everyone has the right to serve as a personal representative in Plant City, though. Convicted felons cannot serve in this role, nor can individuals under 18. The same is true for anyone found to be mentally or physically incapable or unfit for the role. Usually, nonresidents of the State of Florida may not act as a personal representative unless they are a close family member of the deceased. 

Who Recovers Compensation from a Wrongful Death Lawsuit?

Although the personal representative of the estate might have to file a wrongful death lawsuit, that does not mean they are in line to recover the damages from successful litigation. Instead, the personal representative files the lawsuit on behalf of the heirs of the estate. 

The heirs of an estate can vary. If there is a will in place, the terms of the document will establish who can receive compensation. Otherwise, the laws of intestate succession will determine who recovers the money. 

Intestate succession not only establishes who recovers the proceeds of a wrongful death lawsuit but also from the assets of the estate in general. In Florida, intestate succession typically provides the proceeds of these lawsuits to surviving children and spouses. 

Recoverable Damages in a Plant City, Florida, Wrongful Death Case

The compensation available in a wrongful death lawsuit can provide for losses the deceased experienced at the end of their life as well as the hardships surviving family members suffered.

The damages available in every case differ, but our wrongful death attorney in Plant City, FL, could evaluate your case and advise you on the damages that might be available, including: 

Final Medical Expenses

Your late loved one might have received medical care before they passed away. In that case, you could recover the costs of the following:

  • Hospital stays
  • Medication
  • Diagnostic tests
  • Medical equipment
  • Emergency transportation
  • Surgeries

You may also pursue compensation related to their post-mortem medical bills.

Funeral Expenses

A wrongful death lawsuit could also provide compensation based on the cost of your loved one’s final arrangements. It could include the expenses related to a funeral, burial, or other related services. 

Pain and Suffering

It is helpful to think of wrongful death cases as the personal injury case that the decedent was unable to bring. For example, your loved one may have claimed compensation for physical pain and suffering. These damages are based on the physical suffering and discomfort sustained at the end of a person’s life.

Lost Income

Significant financial consequences can follow an unexpected death. When family members financially depend on a person who suddenly passes away, they could struggle to make ends meet without that person’s income. A successful wrongful death claim could replace those lost wages to help support surviving relatives. 

Our Wrongful Death Attorneys don’t Require Upfront Payments

It is understandable if you are unsure about hiring an attorney to handle your wrongful death case. Many survivors face sudden financial challenges after the death of their loved one. The thought of adding to those challenges by hiring an attorney could seem like too much for some people. 

The good news is that we offer free consultations, ensuring that you can discuss your legal options without committing to a specific attorney. Your free consultation is a chance to learn about the process of filing a wrongful death lawsuit and have our team evaluate the strengths of your case and advise you how they might be able to help. 

If we decide to work together, we won’t ask for any upfront payments. Instead, we take a fee from the compensation we secure for you.

Our Wrongful Death Attorneys in Plant City, FL, Are Ready to Take Action

Our founder, Attorney Dave Dismuke, and the rest of the team at Dismuke Law are ready to advocate for you during this challenging time. We understand what is at stake, and we are prepared to provide you with compassionate legal counsel. Should you have questions during the legal process, just ask Dave.

Contact us right away for a free consultation and learn how our Plant City wrongful death lawyer could help.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today