Many wrongful deaths are the result of negligent or malicious behaviors. When you lose a loved one to someone else’s negligence or misconduct, you may face legal and financial challenges in addition to the pain you experience from losing your relative unexpectedly. We want you to know that you do not have to go through this alone. We will stand with you and fight for your financial recovery while holding the liable party accountable.
If you lost a family member in a wrongful death incident, a St. Cloud personal injury lawyer from Bogin, Munns & Munns can work to protect your family’s rights and seek compensation for your losses. Our legal team is passionate about pursuing justice, and we will put our knowledge to work for you. Call our office today. We can represent you at no upfront cost or fees. We take these cases on a contingency fee basis and recover compensation only if you win your case.
What Is Wrongful Death and Who Can File a Wrongful Death Action in Florida?
Per Florida Statutes § 768.19, wrongful death happens “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” If a deceased person could have recovered damages had they not died, their survivors could recover losses with a wrongful death lawsuit.
Losing a loved one is difficult for many family members, but state law recognizes certain survivors of the decedent to recover damages for an untimely passing. They are:
- Surviving spouse
- Children (minor and adult if there is no surviving spouse)
- Parents
Florida law, per Florida Statutes § 768.20, also requires that a personal representative acts on behalf of the deceased person’s estate to file a wrongful death lawsuit. Our lawyer will explain more about how the process works and how it affects your case.
To consult with an experienced wrongful death lawyer serving St. Cloud
855-780-9986
How Our St. Cloud Wrongful Death Attorney Can Help
The loss of a loved one may leave you and your family feeling unsure of how to proceed. It can help to contact legal representation right away. Doing so can give your lawyer time to collect evidence and build a case that supports your legal right to compensation.
A lawyer who takes on the cases can do the heavy lifting so you can focus on grieving the passing of your loved one. The legal process in these matters can be complex, requiring the experience of an attorney who understands how it works and what it involves. With more than 40 years of experience in our field, Bogin, Munns & Munns can lead your personal injury claim or lawsuit after a loved one dies because of another’s carelessness or recklessness.
When you hire our St. Cloud wrongful death attorneys to handle your case, you can expect them to:
- Investigating the situation to determine what happened and why
- Collect and review evidence to establish what happened (e.g., police reports, medical records, witness statements, surveillance video footage)
- Identify all potentially liable parties who could owe you compensatory damages
- Establishing negligence by proving the liable party breached their legal duty of care to keep your loved one safe, causing their fatal injuries and related losses
- Assessing and assigning a value to your damages
- Communicating with the liable party’s insurance company, legal representative
- Negotiating for a settlement that meets your needs
- Filing your wrongful death action on time and within Florida’s statute of limitations
- Fighting for your financial compensation at trial
- Updating you regularly on your case’s developments and promptly answering your questions and concerns
We understand that each personal injury case is unique. As we review your case, our St. Cloud wrongful death attorney will identify each loss your family could recover and who should cover it.
Recoverable Wrongful Death Damages in St. Cloud Case
You have the right to recover damages when you lose a family member to wrongful death. Possible forms of compensation that you may be able to seek include:
- Medical expenses
- Final arrangement costs (e.g., funeral expenses, burial costs)
- Loss of provisions and future income
- Loss of affection and companionship
- Pain and suffering
- Therapy and counseling
- Other related losses
St. Cloud Wrongful Death Lawyer Near Me
855-780-9986
Filing Deadlines for Wrongful Death Lawsuits in St. Cloud, FL
In Florida, parties filing legal action on behalf of a loved one who died because of another’s negligence generally have only two years to seek compensation from the at-fault or liable party, per Florida Statutes § 95.11 (4)(d). This deadline is called the statute of limitations, and you risk losing an opportunity to recover damages you may be due if the time limit expires.
We know two years can fly by quickly, especially when grieving families must settle obligations for their deceased relative and take care of other matters. We can take care of the filing deadline to ensure your action is on time.
Common Acts that Cause Wrongful Death in Florida
The wrongful death of a family member is often unpredictable and unexpected. It may leave you confused as to how and why the incident happened. However, there are some common scenarios in which such a death is more likely to occur.
Automobile and boating accidents, workplace incidents, and criminal assault are just a few of the most common circumstances in which wrongful death can occur. In many of these incidents, negligent behavior is to blame. While acts of blatant misconduct are possible, too, negligence is a far more common issue in these incidents.
Wrongful Death from Drowsy Driving
Drivers who are drowsy behind the wheel demonstrate their negligence by failing to get adequate rest before driving. Drowsy driving is often a problem among those who work long hours or unusual shifts. If drowsy driving is suspected in a wrongful death, that driver may be liable for the resulting damages.
Drunk Driving Often Leads to Wrongful Death
Accidents involving drunk and impaired drivers are all too common as well. Drunk driving can cause accidents involving cars or boats in Florida. While intoxicated, drivers have slower reaction times, hindered judgment, and a lack of control over their vehicles.
They may accelerate sporadically, swerve through lanes into oncoming traffic, or fall asleep at the wheel. Each of these acts puts other motorists and pedestrians at risk for severe injuries and wrongful death.
When drunk driving is the cause of an accident, law enforcement will often perform field sobriety tests to confirm the intoxication levels of any driver present. Lawyers can reference these tests and other details in a police report to aid them in establishing the liable parties. Once liability is clear, attorneys can work to negotiate for any forms of compensation available to the surviving family members of the deceased.
Wrongful Death in Animal Attacks
Animal attacks and dog bites can cause serious injuries that may lead to wrongful death. If you lost a loved one in a domesticated animal attack, a lawyer may discover that an act of negligence on the owner’s part was to blame.
As the Florida Department of Health advises, owners of dogs and other animals should make sure that their pet’s rabies vaccination is up to date. A failure to ensure proper vaccinations can result in infections for victims of a dog bite.
If an animal bite leads to the wrongful death of a loved one, the owner of the animal may be held responsible for a negligent act if they failed to take proper precautions with their dog. Lawyers will examine these factors and others as they lead the charge for justice on your family’s behalf.
Criminal Activity
According to Florida Statutes § 775.082, those found guilty of criminal acts face potentially severe legal consequences, including a lifetime of imprisonment. Like many other states, Florida takes criminal offenses seriously, and law enforcement works to ensure that perpetrators receive punishment to the fullest extent of the law.
Working on similar grounds, wrongful death lawyers can help surviving family members pursue civil cases against those responsible. Attorneys will often reference state and federal laws to aid in establishing a liable party and seeking compensation in civil court for the wrongful death.
A St. Cloud personal injury attorney at Bogin, Munns & Munns will fight for any compensation that you deserve. We will compile evidence and examine laws to aid in building a case that represents your legal position and hopefully leads to a favorable outcome. Reach out to us today.
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Contact Bogin, Munns & Munns Today About a Wrongful Death Case in St. Cloud, FL
When you hire a St. Cloud wrongful death lawyer from Bogin, Munns & Munns, we will determine who was liable for an act that caused or led to your loved one’s untimely death. Then, we can work to hold them responsible for their behavior.
Our team will strive to gather relevant forms of evidence, communicate with other parties, and pursue any forms of compensation for which you and your family may qualify.
Dealing with the loss of a loved one is never easy, but we can help. To speak to someone in our office about your circumstances, contact us today.
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