SAM MASTERS LEGAL
A Professional Association
If you have lost a loved one due to the wrongful or negligent act of another, Sam N. Masters, founder of Sam Masters Legal, can help you obtain the justice you that deserve. Mr. Masters' 25 plus years of legal experience has proven invaluable in obtaining financial compensation for individuals and families who have lost someone due to a wrongful death.
Florida Statute Chapter 768 "NEGLIGENCE" Sections 768.16 - 768.26 Entitled "Florida Wrongful Death Act"
It was the legislative intent to shift the losses which resulted from a wrongful death from the survivors of the deceased to the wrongdoer. Under this act most family members of the deceased are eligible to recover the value of loss support and services from the date of death with interest and future losses of support and services. Computation of future losses considers both the life expectancy of the survivor as well as of the deceased. "Support" includes contributions in kind as well as money. "Services" means tasks, usually of a household nature, regularly performed by the deceased that will now be an expense for the survivor.
In the wrongful death case of a surviving spouse, recovery for loss of the deceased companionship and protection and for mental pain and suffering may be possible. Recoveries of medical and/or funeral expenses are also included under this act.
In the state of Florida the survivor(s) has two years from the date of death to file their claim. A wrongful death lawsuit is completely separate from any criminal charges. Neither affects or controls the other. Even if a person is acquitted of manslaughter or murder charges, he or she still may be sued in civil court by the victim’s relatives. A very famous example of this was the O.J. Simpson criminal and civil lawsuits.
A wrongful death lawsuit is more complicated than a typical personal injury action. A personal representative must be appointed to sue on behalf of the deceased’s estate. If there are minor children, it may be necessary to create a guardianship for the benefit of those children who receive recoveries from a wrongful death action.
Due to the shortened statute of limitations for wrongful death claim, it is even more important to hire an experienced and knowledgeable attorney immediately to investigate the scene, interview witnesses and otherwise preserve evidence necessary to bolster the claim.
Call Sam Masters Legal at (386) 252-4717 today for a free initial consultation with a Volusia Wrongful Death Lawyer. We will help you determine if a Wrongful Death Lawsuit is appropriate. Serving Volusia County and Flagler County, including the cities of Daytona Beach, Palm Coast and Flagler Beach.