Accidental deaths and wrongful death cases can be complex because when someone loses their life due to another party’s actions, there are a couple of outcomes. The person who is responsible for the death can face a civil case, a criminal case, or both. Each state has its own legislation for how to govern accidental death situations.
For families left behind who have decided to take legal action against the driver that took their loved one’s life, it is often even more difficult. During the process of mourning, the emotions and pain is so immense for these individuals that the ability to make clear decisions regarding legal matters is very hard. When a compassionate Florida wrongful death attorney is included in the process, these professionals can take on the legal battles for families. Your attorney can advise you on your options and let you know what your rights are. They can minimize the legal burden on you, keeping you up to date on how your claim is going so you can focus on working through your feelings.
Can a Flordia Criminal Defendant Also Face Civil Charges?
A person that has been acquitted in a criminal court of law, does not mean that the legal battle for the individual who was acquitted is over. The family of the individual who lost their life may still decide to litigate a civil proceeding. Simply because the person who was accused of killing your loved one goes to criminal court, does not necessarily mean that you cannot pursue an accidental death suit against them in civil court. Speaking with an Orlando wrongful death attorney is important so you do not miss your opportunity to pursue justice.
An accidental death case can include both the intentional actions as well as the unintentional actions of another party. Those that have the ability to file a wrongful death suit include:
- Children of the victim
- The victim’s surviving spouse
- Surviving next of kin
- Parents
There are circumstances where certain parties may not sue others. For instance, through family immunity, one family member cannot sue another. So if, for example, a child is in the car with a mother and father and after a car accident the mother dies, the child cannot sue the father for the loss of a mother. Additionally, there is sovereign immunity that shields governments from lawsuits. That means that if you are injured or if you lose a loved one from a party who is employed by the government you have no recourse to obtain justice. In states where this immunity is waived, there is often a strict statute of limitations giving victims much less time to file a claim.
Where Can You Find a Florida Wrongful Death Lawyer?
If you have lost a loved one in an accident that was not your fault, it is important that you call Vaughan Law Group today at (407) 648-1426. You deserve to obtain compensation for your loss. The Vaughan Law Group’s caring team of Orlando personal injury and accidental death attorneys are here to discuss your accident experience with you during a free consultation.
