Wrongful Death
At Boyette, Cummins, & Nailos Law Firm, our Florida Attorneys represent persons and family members of those who have died a wrongful death; whether caused by carelessness, recklessness, or negligence of another in Lake, Sumter and Orange county Florida. If you have lost a loved one to an accidental fatality, please accept our sincere condolences on your loss. We would like to offer our assistance during this difficult time. Call 855-LAW-2020 for a free consultation*.
Help in Times of Strife
We realize that you are going through an extremely traumatic time with the loss of a loved one. We understand that this is an extraordinarily difficult time, and want you to know that our attorneys are here to help in any way that we can. Our attorneys and staff are dedicated to doing everything we can for you and your family during this painful and difficult time and will put our knowledge and legal skill to work for you, to make sure help is found for your needs.
In Florida, if someone’s tort or other wrongful act causes another person’s death, the wrongdoer must compensate the victim’s dependents. The Florida Legislature enacted the Florida Wrongful Death Act with the stated purpose of shifting the costs associated with losing a family member to the person who caused the death.
The statute:
Specifies who may bring a wrongful death lawsuit.
Delineates the parties to a wrongful death lawsuit.
Defines the appropriate right of action for the case.
Sets forth allowable compensation for the wrongful death.
Limits recovery in some instances for medical negligence.
What is a Survivor Under Florida’s Wrongful Death Act?
When someone is killed by the wrongful act of another, only the decedent’s survivors are entitled to compensation for the wrongful death. The statute defines survivors as the decedent’s spouse, children and parents. If any other blood relative or adopted sibling is partly or wholly dependent on the decedent for support or services, that person may also be deemed a survivor entitled to compensation for the wrongful death.
Who are the Parties in a Wrongful Death Lawsuit?
The decedent’s personal representative acts as the plaintiff in a wrongful death lawsuit. The personal representative is the party who recovers any compensation that is awarded, and he or she does so on behalf of the decedent’s survivors and the estate. The personal representative must pay any attorney’s fees and other litigation expenses out of the compensation awarded to the survivors or the estate.
The defendant in a wrongful death lawsuit is the alleged wrongdoer, unless that person has also died. If the wrongdoer has died, or dies during the course of the litigation, the wrongdoer’s personal representative substitutes as the defendant.
BCN: Wrongful Death Attorneys Who Get Results
To schedule a free consultation*, please contact the Florida wrongful death attorneys at Boyette, Cummins & Nailos Law Firm today. Our office is located in Clermont, with satellite offices in Winter Park and Brooksville. Attorney Heath Nailos represents the survivors of wrongful death victims throughout Florida. 855-LAW-2020
