A wrongful death happens when an individual dies because of the misconduct, negligence, or recklessness of another person, business, or entity. Generally, a wrongful death lawsuit is appropriate if your deceased loved one would have had justifiable legal grounds to pursue a personal injury lawsuit if they had survived their injuries. Unlike a personal injury lawsuit, which can award damages to the injured party, a wrongful death lawsuit provides a chance for the deceased person’s loved ones to pursue compensation. This compensation would be for the emotional and financial losses they suffer as a result of their loved one’s untimely death. If your family is successful in your wrongful death lawsuit, the person responsible for your loved one’s death would need to pay financial damages.
Civil Suit and Not a Criminal Action
As a wrongful death lawsuit is a civil action, there is less of a requirement for the burden of proof than in a criminal trial. To be successful, the party filing the lawsuit only needs to show that it is more likely than not that the defendant’s actions led to your loved one’s untimely death.
Eligible Parties to a Wrongful Death Suit
Untimely and preventable deaths can affect a large number of people. However, not every grieving person is eligible to pursue a claim for the wrongful death of their loved one. Under Florida Statutes § 768.20, if you lost your loved one, you are not guaranteed eligibility to file a lawsuit personally. Instead, the personal representative named in your deceased loved one’s will is the only person who can legally bring the claim. If your loved one died without a will, a personal representative appointed by the court can bring the claim. In that lawsuit, the personal representative must list all potential estate beneficiaries, such as the decedent’s spouse, children, parents, and all other relatives who depended on the decedent.
An Inverness attorney from LMD Injury Lawyers could help you determine your eligibility and guide your family through the steps of a wrongful death claim.