Sebring Wrongful Death Lawyer

Compassionate Representation for You & Your Family

At Dismuke Law, we know that nothing can undo the untimely loss of a loved one. If you are seeking answers after a loved one was killed in an accident, we wish to extend our sincerest condolences. We also want to help you navigate this incredibly difficult time. An experienced Sebring wrongful death lawyer from our law firm can provide the necessary answers and guidance.

If your family member or loved one passed away after sustaining serious injuries in a Sebring car accident or motorcycle accident, after being hit by a drunk driver, or in any way caused by someone else, contact Dismuke Law to learn more about your legal rights and options. Our Sebring wrongful death lawyers will meet with you at no cost to discuss your case and provide you with honest, clear legal counsel moving forward. Our goal is to help you recover the compensation you are rightfully owed for your losses so that you can focus on spending time with your family and healing without the added burden of unexpected financial strain. Let us help you fight for justice.

Understanding Florida Wrongful Death Laws

When a person suffers fatal injuries or dies due to someone else’s negligent or unlawful actions, certain surviving family members can seek compensation for both economic and non-economic losses they have suffered due to the death. A wrongful death lawsuit can be brought on behalf of eligible family members by the personal representative of the decedent’s estate. The court would appoint one if there were no will or no named personal representative.

The wrongful death lawsuit can be filed on behalf of the decedents:

• Spouse
• Child/children
• Parent(s)
• Blood relative/adoptive sibling who was a dependent

These individuals can recover compensation for specific losses, including:

• Medical and funeral expenses
• Loss of companionship
• Loss of guidance and protection
• Mental/emotional anguish associated with the loss of a child
• The value of services/support provided by the decedent

Furthermore, the estate can recover compensation for certain damages, including:

• Lost income/wages
• Lost benefits and other additional earnings
• Lost future earnings
• Lost earnings of the estate
• Medical and/or funeral costs that the estate itself paid

How Long Do I Have to File a Wrongful Death Claim in Florida?

Like other types of personal injury claims, there is a time limit to file a wrongful death claim in Florida. This is known as the statute of limitations and it expires two years from the date of death, with very limited exceptions. In most cases, if you fail to file a wrongful death claim within two years of your loved one’s death, you will be barred from collecting damages.

Who Can File for Wrongful Death in Florida?

In Florida, only specific family members are eligible to file a wrongful death claim. Typically, the personal representative of the deceased’s estate must file the lawsuit on behalf of surviving family members. This representative is often named in the decedent’s will or estate plan. If no representative is named, the court will appoint one. The claim is filed for the benefit of the deceased’s spouse, children, parents, and, in some cases, other blood relatives or adopted siblings who were dependent on the deceased for support or services.

The law prioritizes certain relationships in determining who can receive compensation. For example, minor children, dependent parents, and surviving spouses are often given priority in wrongful death claims. Adult children and other relatives may also be entitled to compensation, depending on the circumstances of the case. Understanding these rules is critical because they directly impact who can seek financial recovery. An experienced wrongful death attorney can help you determine your eligibility and guide you through the legal process.

What Damages Can Be Recovered in a Florida Wrongful Death Claim?

Florida’s wrongful death statute allows surviving family members to recover various types of damages for their loss. Economic damages may include the decedent’s lost wages and benefits, funeral and burial expenses, and the value of services the deceased would have provided. Families can also seek compensation for medical expenses related to the injury or illness that led to the death. These financial losses are calculated based on both the immediate and long-term impact of the death.

In addition to economic damages, survivors can also pursue non-economic damages for their emotional suffering. This includes compensation for the loss of companionship, guidance, and protection that the deceased provided. The surviving spouse, minor children, and parents of a deceased minor can recover damages for the mental pain and suffering caused by the loss. While these damages are more difficult to quantify, they are equally important in holding the responsible parties accountable and securing justice for your family.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

The statute of limitations for filing a wrongful death lawsuit in Florida is generally two years from the date of death. Missing this deadline typically results in losing the right to pursue legal action, which is why it’s crucial to act quickly. However, there are certain exceptions and circumstances that can affect this timeline. For instance, if the wrongful death claim involves government entities, the time limit may be shorter. Alternatively, if fraud or concealment is involved, the deadline could be extended.

Given the strict deadlines, it’s advisable to consult with an attorney as soon as possible after your loved one’s passing. Starting early not only ensures that you meet the statute of limitations but also helps preserve critical evidence. A wrongful death attorney can guide you through the process, help you understand the timeline, and determine if any exceptions apply to your case.

What Are the Common Causes of Wrongful Death Claims in Sebring?

Wrongful death claims in Sebring and across Florida often arise from various types of accidents and incidents caused by negligence or misconduct. Car accidents are one of the leading causes, especially those involving drunk or distracted drivers. Other common causes include medical malpractice, where a healthcare provider’s negligence leads to fatal injuries, and workplace accidents, particularly in high-risk industries like construction. Defective products that cause fatal injuries and nursing home abuse or neglect are also frequent reasons for wrongful death claims.

Each of these causes requires a specific legal approach, as the evidence and standards of proof can differ. For example, proving wrongful death in a medical malpractice case involves demonstrating that the healthcare provider deviated from the standard of care. In contrast, a fatal car accident claim may focus on traffic laws and eyewitness testimony. Working with an attorney experienced in handling these types of cases ensures that you have the best possible chance of holding the responsible parties accountable and securing fair compensation.

Contact A Sebring Wrongful Death Lawyer at Dismuke Law Today for Personalized Legal Representation

Every case is different; you must work with an experienced attorney who can help you seek justice and the fair compensation you and your family are owed. At Dismuke Law, we truly care about our clients. That is why we offer caring, compassionate, and client-focused services and tireless advocacy during settlement negotiations and/or at trial. Our Sebring wrongful death attorneys understand your challenges, and we are prepared to help you meet and overcome them.