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Posted by on May 18, 2020 in Lawyers |

Wrongful Death Lawyers in Sarasota FL Are Righting the Unfairness of a Death

Wrongful Death Lawyers in Sarasota FL Are Righting the Unfairness of a Death

Losing a close family member is an extremely difficult event. The days, weeks, and months that follow a death can be taxing and emotional. All of these emotions, including feelings of unfairness and injustice at the loss, are amplified when the death was sudden and the result of someone else’s negligence. The legal system has recognized this loss of a close family member as unique and deserving of a legal recourse in civil court.

What Is a Wrongful Death Claim?

Unlike most other types of lawsuits, the person who was harmed does not initiate a wrongful death claim. Instead, wrongful death lawyers represent the surviving close family members of the deceased person in a legal claim. This claim is against the individual or company whose negligence caused the death. Despite being different from other personal injury lawsuits, wrongful death claims still require adequate evidence that the opposing party was negligent and that negligence led directly to the death.

Who Recovers and How?

Florida, similar to other states, has certain requirements for who can file a wrongful death claim, the first of which is the relationship to the decedent. Wrongful death lawyers in Sarasota FL can only file a claim on behalf of the spouse, children, or parents of the deceased. The exception to this rule is if none of these eligible people bring a claim within three months of the death, then an executor may file on behalf of the deceased’s estate.

Even though wrongful death lawyers file the claim on behalf of a single eligible family member such as the decedent’s mother, when compensation is determined by the court or through settlement, all family members can receive part. The presiding judge determines the percentage that is awarded to each individual. This prevents family members arguing or rushing to file a claim in a time of grieving and sadness. Find more information by visiting Luhrsen Goldberg Attorneys At Law for a wrongful death claim and compensation.