Lakeland Wrongful Death Attorney / Lawyer
Lakeland Wrongful Death Attorney - Lawyer, Providing Professional Wrongful Death Attorney legal services for Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.
Call 863.660.2185 to Speak with Lakeland Wrongful Death Attorney / Lawyer, Joshua E. Schoen.
Long after a fatal accident or incident, families feel the loss of a loved one who died because of the negligence or acts of others. The Law Office of Joshua E. Schoen, P.A., understands the magnitude of the loss to the survivors and offer compassionate representation in wrongful death litigation. We have extensive courtroom experience and provide aggressive representation for their clients.
A wrongful death occurs when the negligent, reckless, or careless actions of another causes the untimely death of another person. The law allows for immediate family members to seek justice for wrongful death victim by means of civil litigation, regardless if the at fault party is arrested, charged, tried, convicted, or acquitted in criminal court. The burden of proof regarding culpability and liability in civil litigation cases differs in civil litigation, which is less of a burden of proof from that of a criminal trial.
Wrongful death civil litigation liability claims may be resolved through mediation, a trial by judge, or a trial by jury.
When culpability and liability is established the court will follow the guidelines provided below:
- Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
- The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
- Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
- Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.
- The decedent's personal representative may recover for the decedent's estate the following:
Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent's survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
Medical or funeral expenses due to the decedent's injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
Evidence of remarriage of the decedent's spouse is admissible.
- All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
- The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
As your wrongful death liability attorney will first listen to your story. After assessing the information regarding your specific circumstances we will:
- Inform you of how the law applies to your specific wrongful death liability claim;
- Informed you of what the most feasible course of action may be to seek fair compensation and/or damages;
- Gather, investigate, and analyze all evidence, witness statements, police reports, medical reports, and other relevant information that may directly impact your wrongful death liability claim;
- Consult with you regarding the demand that will be sent on your behalf to the opposing counsel;
- Enter into negotiations and/or mediation on your behalf with the opposing counsel;
- If a resolution cannot be reached through negotiations or mediation the case will proceed to trial, so depositions of the parties involved must be conducted, including that of witnesses;
- At trial your attorney will aggressively seek justice on your behalf using every legal resource available by law.
Protect your rights by seeking the legal advice and representation of an experienced Lakeland Wrongful Death Attorney / Lawyer.
Contact Lakeland Wrongful Death Attorney / Lawyer Joshua E. Schoen at 863.660.2185 in the Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.