Orlando Personal Injury Lawyer
The Francis Law Group
Fatal Assault and Battery
There are no words accurate and powerful enough to describe the loss and pain a family experiences when a loved one was killed in an act of violence. The perpetrator/defendant will face criminal charges and have to deal with those consequences. Additionally, the surviving family members can file a wrongful death claim against the defendant to recover damages.
Holding the Wrongdoer Financially Liable for Your Loss
Families can file wrongful death claims when a family member was killed by assault and battery, and or other acts of violence.
- Hate crimes
- Domestic violence
- Child abuse
- Excessive use of force
Specifically, the assigned personal representative of the estate can bring one claim on behalf of all eligible beneficiaries. Potentially eligible recipients include the surviving spouse, children, and parents.
When you lose a loved one, not only do you have to deal with deep emotional pain, but there are also very tangible financial implications with which you’ll be forced to contend.
- How will you manage without your loved one’s income?
- How will you pay for funeral bills?
- What about your medical and life insurance benefits your loved one provided?
Florida law provides a means for families to seek recovery and justice. Families of victims killed by assault and battery can file a lawsuit against the wrongdoer and petition the courts to order that the defendant monetarily compensate the family.
Type of Damages You Can Collect
It’s difficult to calculate the value of a lawsuit without assistance from an attorney. A wrongful death lawyer will look at all the unique aspect of your case, including the age and contributions of the deceased, how the death has impacted your family and the heinousness of the crime.
The courts may award damages of several kinds, including physical, nonphysical, economic, noneconomic, actual, compensatory, consequential, incidental, and punitive damages or losses.
- Loss of earnings, both current and future
- Medical bills your loved one accrued prior to death
- Funeral and burial expenses
- Loss of the prospective net accumulations of an estate
- The estimated monetary value of lost support and services from the date of the decedent’s injury to death, and from death to the deceased’s reasonable life expectancy had the death not occurred
- Companionship and protection
- Mental pain and suffering
- Lost parental companionship, instruction, and guidance
- Punitive damages (Unlike compensatory damages that make up for the claimants’’ losses, punitive damages are meant to punish the wrongdoer for willful or malicious conduct.)
A Not Guilty Verdict
It’s important to understand that the criminal case against the accused is entirely separate and distinct from any civil cases. Furthermore, the outcome of the criminal case has no bearing on the decision of your wrongful death claim.
In the criminal case, the prosecutor has to prove that the defendant committed the crime. The prosecutor’s case and the strength of her argument have nothing to do with your judge in the wrongful death suit.
Instead, the personal representative/lawyer involved with the wrongful death case will need to show the presiding judge that the wrongdoer was negligent or caused wanton harm/death, that your loved one died as a result, and that you sustained damages. So rest assured, even if the defendant was found not guilty of their criminal charges, you can still go forth and pursue your claim.
Francis Law Group Can Help You with Your Wrongful Death Case
If you recently lost your loved one, we are here to help in any way we can with your civil legal matters. Contact our office in Florida so we can discuss how we can help you seek justice and restitution. Contact us today at 407-363-9939 for a free consultation.