Bradenton Wrongful Death Lawyer
In the most tragic car, truck or motorcycle accident, the victim doesn’t survive the crash and perishes at the scene or dies from the injuries sometime later. Such a tragic loss is heartbreaking emotionally, and it can also be financially devastating to the survivors who now face significant medical, funeral and burial costs while dealing with the loss of a breadwinner, household manager, child caretaker or another invaluable member of the family.
Florida law enables surviving family members to bring a wrongful death lawsuit against the other driver responsible for the crash and recover significant compensation for the harm done to them and the losses they have suffered or will suffer due to the driver’s fatal negligence. As an experienced Bradenton wrongful death lawyer, Don Cahall of The Cahall Law Firm can guide you and represent you through this difficult time, ensuring that the responsible parties are held accountable and that you receive the full amount of compensation available under Florida’s wrongful death law. Call our office in Bradenton to learn more about how we can help you obtain justice for your loved one and get the financial help you need to move forward after a devastating loss.
Wrongful Death Claims Under Florida Law
Florida Statutes 768.21 describe how wrongful death claims can proceed in Manatee County courts. These claims are allowed whenever one’s negligence or wrongful act has brought about the death of another. The proper person to file a wrongful death lawsuit is the personal representative of the deceased’s estate – the person appointed in a will or by the court to look after the estate and distribute it according to the terms of the deceased’s will or estate plan. The law describes what money damages might be available and divides these damages into two classes – one class of damages goes to the surviving family members who suffer the harm, while another class of damages goes to the estate and is then distributed according to the will.
Family members who may be named in the personal representative’s lawsuit against the negligent driver include the surviving spouse, children, parents, or any blood relative or adoptive sibling who depended partially or completely on the deceased for services or support. Recovery of damages for these individuals can include:
- The value of lost support and services that the deceased provided to the family member
- The value of lost companionship, protection and guidance the deceased provided to a spouse or child
- The mental suffering and emotional pain experienced by a spouse for the loss of a spouse, by a child for the loss of a parent, or by a parent for the loss of a minor child (or an adult child in certain cases)
- Medical and funeral expenses that the family member paid
The types of damages that can be collected for the estate include the following:
- The loss of earnings from the date of injury to the date of death
- The loss of earnings (“prospective net accumulations”) that would have accumulated to the estate if the victim had not been killed
- Medical and funeral expenses paid by the estate or charged against the estate
Wrongful Death Claims Have to Be Proven in or out of Court
Just as in a personal injury claim, the burden in a wrongful death claim falls on the plaintiff (the estate’s personal representative and family members named in the lawsuit) to prove their case against the defendant (the negligent driver, property owner or other person or business responsible for the death). The plaintiff has to be ready to prove the defendant committed negligence or a wrongful act that is responsible for causing the death. Proving these facts can be difficult since the accident victim is not around to provide any detail about what happened. Bradenton personal injury attorney Don Cahall is an experienced and aggressive injury lawyer who knows how to investigate an accident, gather the facts, and put together a strong case that proves the defendant’s negligence. Whether negotiating a settlement with the insurance company or fighting the case in court, Mr. Cahall argues from a position of strength that is key to getting a successful result, including sufficient compensation for family members to deal with the financial and emotional toll of wrongful death.
Come Get Justice After a Wrongful Death in Bradenton
The Cahall Law Firm is committed to helping families bring wrongdoers to justice when they have negligently or wrongfully caused the death of a beloved family member. If you have lost a loved one due to another’s negligence or wrongful act in Bradenton, call The Cahall Law Firm for a free consultation. Come get justice. Call Cahall.