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.
- 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
For a free legal consultation with a wrongful death lawyer serving Plant City, call 863-250-5050
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 toFlorida 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.
Plant City Wrongful Death Lawyer Near Me 863-250-5050
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
- Diagnostic tests
- Medical equipment
- Emergency transportation
You may also pursue compensation related to their post-mortem medical bills.
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.
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.
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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.