Experienced Wrongful Death Lawyers

The death of a family member is always tragic. When another person, company or organization is responsible for that death, it can be crushing. Wrongful death claims help surviving family members receive compensation for their loss, including lost wages, funeral expenses and more.

Wrongful death claims are heard in civil court. They do not address any criminal charges. For instance, if a man is killed due to faulty car parts, his wife can file a wrongful death claim against the automobile manufacturer. Or if a drunk driver kills a woman, her parents may file a wrongful death claim against the driver. Wrongful death claims are separate from and in some cases in addition to criminal charges.

In a wrongful death case, the prosecution must show that the majority of the evidence proves the defendant is at fault. In contrast, the prosecution in a criminal case must prove beyond a reasonable doubt that the defendant is responsible. The burden of proof is less for a civil wrongful death case than it is in a homicide case. This may lead to a defendant being found innocent in criminal court, but guilty in civil court. Wrongful death cases can be complex and often demand experienced counsel.

The survivors in a wrongful death case may sue for various losses, including medical and funeral expenses, lost wages, and care and financial support the deceased may have provided in the future. In Florida, the Wrongful Death Act provides that five categories of survivors may recover for their mental pain and suffering caused by the decedent's death: (1) the surviving spouse, (2) minor children, (3) adult children if there is no surviving spouse of the decedent, (4) each parent of a deceased minor child, (5) and the parents of an adult child when there are no other survivors. Florida Law also allows punitive damages to punish the person or entity responsible for the death, depending on circumstances.

Speak To A Personal Injury Attorney At Johnson & Montas P.A. Today

If you've suffered a loss, you may be able to file a wrongful death suit. Contact us online to schedule a consultation with our firm or call 321-307-2048.