Wrongful Death Attorney Lakeland, FL
What is a wrongful death claim? If someone’s actions resulted in the death of someone else, then those close to the victim may be eligible to file a wrongful death claim to gain some compensation for the loss that has been suffered. However, not every death caused by someone else’s actions (or inactions) is actionable. As a result, it’s important to speak with an experienced Lakeland, Florida wrongful death attorney from David & Philpot, PL before making any assumptions about whether you do or do not have cause for legal action. If you’ve recently lost a loved one, you’re likely feeling overwhelmed. You may either be hungry for justice or exhausted by the idea of navigating a legal claim. Either way, it’s important to speak with a Lakeland, FL wrongful death attorney so that you can preserve your options and make an informed decision concerning whatever course of action is right for you and your family at this time.
When a Wrongful Death Claim Can Be Filed
You can think of a wrongful death claim as a personal injury claim for when the victim passes away as a result of the injury. The same requirements and burden of proof generally apply in both types of cases.
The most common type of wrongful death claim is brought when someone acted negligently or recklessly and caused another’s death. For example, if someone caused a car accident which resulted in someone else dying, that person could be held legally and financially responsible for the loss via a wrongful death claim.
Medical malpractice is another extremely common type of wrongful death claim. If a medical professional failed to provide adequate care, a wrongful death case might be brought against him or her. Finally, wrongful death claims can be brought against someone for intentionally killing the victim. In these cases, the wrongful death lawsuit will serve as the civil case counterpart to the criminal investigation. The criminal and civil cases are independent and may have different resolutions.
Who Can File a Wrongful Death Claim?
The answer to the question of who can file a wrongful death claim is dependent upon which state you live in. An experienced Lakeland, FL wrongful death attorney can clarify who may file a wrongful death claim in your situation. Generally speaking, a wrongful death lawsuit can be filed by:
- The spouse of the victim
- The parent of a minor victim
- The minor children of the victim
In some states, these individuals can also file a claim:
- Siblings of the victim
- Parents of an adult victim
- Adult children of the victim
- Extended family of the victim
What Damages Can Be Recovered?
All the same damages can be recovered in a wrongful death claim as a personal injury claim. These damages generally include pain and suffering of the victim, all medical bills the victim had to pay prior to death, loss of income, and other miscellaneous expenses that resulted from the injury. Because wrongful death claims involve a death, rather than just an injury, addition damages may be reclaimed, such as funeral and burial costs, loss of inheritance, loss of services provided by the victim, and loss of companionship. An experienced Lakeland, FL wrongful death attorney can help you to understand the outcomes you could potentially expect from a wrongful death claim filed in response to the death of your loved one(s). Contact David & Philpot, P.L. to learn more today!