Lakeland Wrongful Death Attorney
Losing a loved one, no matter their age or the circumstances, is devastating. There’s a void that can never be filled. There could also be financial repercussions. If a member of your family died due to the fault of another party, one of our Lakeland wrongful death attorneys can review your case for free and help you plot the way forward.
At Capaz Law Firm, we know how to get surviving family members justice through the civil court system. Call us at 863-400-6151 to schedule your free case evaluation.
What Is Wrongful Death?
Florida law defines wrongful death as when a person or party causes another person’s death by a “wrongful act, negligence, default, or breach of contract or warranty.” More simply put, a wrongful death occurs when someone loses their life due to the legal fault of someone else, including as a result of:
- A negligence-based incident (such as slip and fall or motor vehicle accident)
- Medical malpractice
- Defective products
- A deliberate violent act
If the deceased could have filed a personal injury claim for their injuries if they had lived, certain parties can likely file a wrongful death lawsuit on their behalf.
Filing a Wrongful Death Lawsuit in Lakeland
Florida law also dictates who can file a wrongful death lawsuit on behalf of a decedent. Some states allow the deceased person’s family members to file a wrongful death lawsuit on their behalf. However, Florida requires the personal representative (frequently referred to as an “executor”) of the deceased person’s estate to file a wrongful death claim.
By doing this, the executor is acting on behalf of the deceased person’s estate and any surviving family members. As the deceased’s personal representative, the law requires them to list all potential beneficiaries when filing the claim.
What Is the Statute of Limitations?
The statute of limitations for a wrongful death claim is usually two years from the date of the death. Suppose the decedent’s personal representative doesn’t file a claim within two years. In that case, they may no longer have the legal right to pursue the lawsuit. However, if the wrongful death was the result of a crime of manslaughter or murder, there is no statute of limitations.
What If There Is a Criminal Case?
In some instances, there may be criminal charges against someone for causing or contributing to the cause of your loved one’s death. This could be the case, for example, if your loved one was killed by a drunk driver, an assailant, or their significant other.
The criminal case will be entirely separate from the civil case. Your loved one’s personal representative can file a wrongful death lawsuit regardless of what is going on in criminal court. However, sometimes if the accused is found guilty of causing or contributing to the cause of your loved one’s death, it can help a civil wrongful death claim. With an experienced Lakeland wrongful death lawyer by your side, you can work toward justice in both criminal and civil courts on behalf of your loved one.
Call Us Today to Speak with a Lakeland Wrongful Death Attorney
Please accept our deepest condolences if you have recently lost a loved one. We know that this is a difficult time. We strive to be here for you, helping you in any way we can.
If the circumstances of your loved one’s death suggest that another party could have negligently caused it, our Lakeland wrongful death lawyers would like to speak with you. We can help you determine if you have a valid wrongful death case, and if so, what steps you should take next as you seek justice for your family member. Learn more by scheduling your no-obligation case consultation today. Call Capaz Law Firm at 863-400-6151 or use our online contact form to schedule yours.
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Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.Learn more
Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.Learn more
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