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Losing a spouse, parent or child is the most painful experience of many people’s lives. One of the few things that can make the experience worse is the knowledge that the death only happened because another person or business was careless, reckless or negligent. These preventable deaths are indefensible, and families deserve compensation for not only the terrible pain and suffering they experience but also the life-altering financial hardship they’re forced to endure.
In wrongful death cases, families may be entitled to various types of compensation:
Under Florida law (Florida Statutes § 768.20), the personal representative of the decedent’s estate is the individual who brings a wrongful death claim. This representative can be named in the decedent’s will or estate plan. If no representative has been named, the court will appoint one. Although the representative files the claim, it is brought on behalf of the decedent’s estate and any surviving family members.
A crucial aspect of a wrongful death claim is identifying all potential defendants. While it may be clear that one party is liable, other parties may also bear some responsibility. For example, in a fatal truck accident, the driver, the trucking company, the truck manufacturer and even entities responsible for road maintenance could be liable. An experienced personal injury lawyer can thoroughly investigate the circumstances of the death to identify all potential defendants.
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An experienced personal injury attorney can be instrumental in a wrongful death claim. They can:
Punitive damages are awarded not to compensate the family, but to punish the defendant and deter similar behavior in the future. They may be appropriate in a wrongful death claim if the defendant’s behavior was particularly reckless or egregious. Maybe the most common example is a wrongful death caused by a drunk driver. It can be clearly established that the drunk driver acted with criminal recklessness, especially after a conviction or guilty plea in a criminal case.
The bar for behavior that justifies punitive damages is high, and your attorney can help determine if seeking punitive damages is appropriate in your case.
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Póngase en contacto con el estudio jurídico Kanner & Pintaluga para concertar una consulta gratuita, y permítanos brindarle a usted y su familia un servicio dedicado y obtener para usted la compensación que se merece.