Wrongful Death Attorney Longwood, FL
The wrongful death attorney Longwood FL trusts at David & Philpot, PL are sensitive to the challenges families face when dealing with a tragic loss. We also provide the aggressive and effective representation that families need to prevail in wrongful death cases.
Surviving family members have the legal right to pursue compensation through a wrongful death lawsuit when negligence or wrongdoing by another results in the loss of their loved one.
What is wrongful death?
Any wrongful death attorney Longwood, FL trusts will tell you that Florida law recognizes a cause of action for wrongful death when it results from one or more of the following:
- Wrongful act. When someone violates the law, for example, by driving under the influence or driving recklessly on navigable waters, these actions are wrongful. If they result in death, they provide grounds for a lawsuit.
- Negligence. When one party owes another a duty of care, and breaching that duty causes injury, negligence occurs. A building owner who fails to repair an elevator in dangerous condition or at least warn visitors about the hazard breaches a duty of care. When this breach results in death, the surviving family may be able to sue based on negligence.
- Default. Default differs from negligence in that someone intentionally fails to perform a duty, rather than being careless or neglectful about the duty. For example, a builder who intentionally moves forward with a building plan in violation of fire and building codes may be held liable in a building collapse that kills people.
- Breach of contract or warranty. Use of a product establishes a contract between the consumer and manufacturer, and Florida implied warranty law demands that goods be fit for their intended purpose. When consumers suffer injury or death while using a defective product as intended, the manufacturer is liable for breach of contract or warranty. An example is a defective jet ski that loses steering capability when shifting and subsequently causes a crash, killing someone.
The Role of A Wrongful Death Attorney
A wrongful death attorney in Longwood, FL has the job of proving fault and holding parties accountable in a lawsuit. Investigating the accident, gathering evidence, and developing effective case strategies are important elements of any successful wrongful death claim. The wrongful death attorney Longwood, FL residents have turned to for years must also be able to estimate the value of damages that surviving family members can recover and competently negotiate fair settlements, or win cases through verdict.
Wrongful Death Lawyer
Countless family members lose their loved ones every single day due to causes that were completely preventable. Some of these families choose to seek justice for their loved one by filing a wrongful death claim. At David & Philpot, PL, it’s our mission to provide trustworthy and knowledgeable legal counsel to families who have chosen to take legal action.
Since opening our doors, we have dedicated our work to helping the residents of Longwood, FL. We have seen our fair share of tragic accidents that ultimately resulted in wrongful death suits, and we know how difficult the legal process can be. For more information about what these claims entail, don’t hesitate to contact David & Philpot, PL.
Overview of Wrongful Death Claims
Every state has its own laws regarding how civil courts process wrongful death claims. However, in most states, immediate family members like parents and children have the ability to file a claim for wrongful death. In certain circumstances, extended family members may be able to file these claims.
Wrongful death claims are not the same thing as going through a trial in the criminal court system. If your loved one was killed through the deliberate actions of another person, you might be involved in the criminal proceedings. However, it’s possible to bring a civil suit for wrongful death against the same person or party, either during the criminal trial or after it, for the death of your loved one.
Many families file wrongful death claims because they need the financial support that a settlement can offer. In other cases, families are simply seeking justice for what happened. Both of these are completely valid reasons for looking into filing a claim.
There is a statute of limitations that restricts the amount of time you have to file a claim in civil court, so it’s recommended that you speak with a wrongful death lawyer as soon as possible.
Contact a Wrongful Death Lawyer
There is no sum of money that could ever replace the value of a person’s life, but if you are struggling financially after losing a relative, a wrongful death settlement could be more beneficial than you realize.
If you are considering filing a wrongful death claim, consider making an appointment to speak with a wrongful death lawyer from David & Philpot, PL. Our team is compassionate, knowledgeable, and experienced when it comes to wrongful death and personal injury issues. We know the local laws, we know how the local court system operates, and we know how to negotiate for the fair settlements that our clients deserve.
Even if you are not sure about filing a claim, do not hesitate to contact our office to set up a consultation with a wrongful death lawyer Longwood, FL residents rely on. This meeting is completely free and confidential, and it allows our team to evaluate your case and help you understand what options may be available. If you choose to follow through with a wrongful death claim, David & Philpot, PL may help you through the process.
You do not have to deal with this tragedy alone. Call David & Philpot, PL today to arrange a consultation with a lawyer you can trust. Our attorneys have decades of experience helping families find closure and compensation through wrongful death cases. Contact a wrongful death attorney Longwood, FL trusts today to find out about your legal options.
How to Prove a Wrongful Death Case
According to national statistics, death from unintentional injuries is the fourth leading cause of death. These types of deaths are often entirely preventable if not for the negligence or recklessness of another person. Although any death is difficult for the family members, these accidental deaths can be even more traumatic for the family.
State law allows for families of victims who die as a result of someone else’s actions to pursue damages under a wrongful death lawsuit. If you would like to find out more, contact David & Philpot, PL. to discuss your case with one of our dedicated wrongful death lawyer in Lakeland FL.
How Is Wrongful Death Defined?
The law defines a wrongful death as any death that occurs as a result of another party or parties’ negligence or recklessness, whether intentional or not. Some of the more common examples of wrongful death cases that a Lakeland FL wrongful death lawyer has handled include:
- Work-related injuries or illness
- Vehicle accidents (including car, truck, and motorcycle)
- Slip and fall accidents
- Premises liability accidents
- Pedestrian accidents
- Medical malpractice
- Exposure to hazardous or toxic substances
- Defective products
- Bicycle accidents
Wrongful death lawsuits are filed in civil court and are entirely separate than any criminal charges the at-fault party may be facing. For example, if a victim was killed in a drunk driving crash, the drunk driver will likely face a myriad of charges, depending on the circumstances. These charges can include driving under the influence and vehicular homicide.
Whether or not the individual is found guilty or charges are dropped have nothing to do with whether or not the family prevails in their wrongful death lawsuit. In the wrongful death case, the law is more focused on recovering losses for the victim’s family, while the criminal case is more focused on punishing the guilty party.
What Is the Proof Needed to Prove a Florida Wrongful Death Lawsuit?
Once your wrongful death lawyer files the lawsuit, he or she must provide the proof that the victim’s death was caused by the actions of the party you are suing. The following elements must be proven:
- The party the lawsuit is filed against had a duty of care to the victim. For example, a driver has a duty of care to other commuters to obey the rules of the road.
- That party breached that duty of care. In the above example, if the driver drinks and drives, he or she is disobeying the rules of the road and that is a breach.
- That breach caused the victim’s death. The driver was drunk and that resulted in the crash that caused the victim’s injuries. The injuries were so bad, the victim did not survive.
In the above example of a drunk driving crash, all three elements were proven: duty of care, breach of duty of care, and causation.
Contact Our Firm Today
If you have lost a loved one due to the actions of another party, contact David & Philpot, PL. today to discuss what your legal options may be with a skilled wrongful death lawyer Lakeland FL families trust.