Wrongful Death AttorneyWrongful Death Attorney
Losing a loved one to natural causes can be hard enough on a family. But having a loved one unnecessarily taken from you because of the negligence or carelessness of others can be overwhelming.
Wrongful Deaths occur in many forms, including but not limited to:
- Automobile, Motorcycle, and Truck Accident Crashes;
- Medical Errors by Doctors or other medical professionals and healthcare providers;
- Inadequate Security on Private Property (where the property owner or business owner is aware of a known criminal element, and does not take the necessary steps to ensure the safety of others);
- Unsafe or Dangerous Material Conditions on Private Property;
- Inadequate Supervision at a Pool;
- Unsafe or Defective Products;
- or any negligent or careless actions that cause the unnecessary death of another.
Florida law allows for the decedent’s surviving spouse, children, or parents to bring a wrongful death action when the death of the person is caused by a wrongful act, neglect, or default. The damages these family members may seek on behalf of their loved one that was a victim of a wrongful death may include:
- Funeral and burial expenses.
- Medical expenses.
- Loss of financial support of the decedent.
- Loss of future earning potential of the decedent.
- Loss of companionship.
- And in some cases, what is known as Punitive Damages.
Punitive damages are monetary damages that may be awarded through civil litigation against the “at fault party” with the intent to punish the wrongdoer in order to deter any repeat of the actions that caused the wrongful death.
An individual does not have to be charged with a crime in the death of another for a wrongful death civil litigation case to be brought against the at fault party. Additionally, if a person is charged with a crime for the actions that caused the death of another, he or she may still be found liable in a wrongful death civil litigation case, even if he or she is found “not guilty” in a criminal trial. That is because the burden of proof in a criminal case is “beyond a reasonable doubt”. In a civil litigation, the burden of proof is whether a preponderance of evidence exists that the actions of another caused or directly contributed to the wrongful death.
If a loved one has been the victim of a wrongful death due to the negligence or carelessness of another, seek the legal advice and representation of an experienced wrongful death attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to helping Central Florida residents and visitors seek justice for the untimely and wrongful death of a loved one.
Call 407.420.1044 to discuss your wrongful death liability case, or fill out our online case evaluation form.