Shooting and Murder
As Florida crime victim's rights attorneys, our Florida negligent security attorneys have represented many families whose loved ones were shot and killed in Florida. Florida law allows the family to pursue a civil case in addition to the criminal case. In the criminal case in Florida, the state attorney often seeks to prosecute a criminal to put them in jail. In a civil case for a crime victim in Florida, the focus is on the crime itself to see whether it was foreseeable or preventable. Landlords and property owners in Florida generally have a duty to provide adequate security for their property. If your loved one was killed in an apartment complex in Florida, or at a gas station, parking lot or other property, contact at Florida shooting victim's rights lawyer at the Law Offices of Jason Turchin today for a free consultation at (800) 337-7755. We also work on a contingency fee basis, so you will not have to pay us money out of pocket to handle the case. We can investigate the case to determine if it was foreseeable or preventable, and fight to get answers and compensation for the family. You could be entitled to compensation from the property owner for pain and suffering, funeral expenses and more.
Being the family of a person who was killed as a result of manslaughter or murder can be a particularly trying ordeal. Fortunately, the families of individuals who are killed in this way are often able to person one of two types of legal actions: Florida wrongful death lawsuits, which are designed to compensate survivors for their losses, and survival causes of action, which are designed to compensate the estate for losses incurred by a victim prior to their death. To pursue either of these matters, it is often particularly helpful to obtain the assistance of an experienced Florida shooting victim claim attorney.The Difference Between Survival Actions and Wrongful Death Claims
Survival actions are based on a legal claim that the victim would have had if they had survived the accident that led to their fatal injuries. If the individual had survived, a claim would have been able to be initiated for numerous damages, including medical bills, pain and suffering, and a number of other costs. These actions are brought by an individual who is appointed by a probate court to act as the deceased individual’s personal representative. In a large number of cases, the personal representative is the same person who is the administrator of the deceased individual’s estate. Our law firm has its own Florida probate lawyers who have significant experience handling Florida wrongful death claims.
Wrongful death lawsuits are generally based on legal claims of the surviving family members. The survivors in these cases initiate their own legal claims that exist as a result of the loss of their loved one. Section 768.16 of the Florida Statutes is the Florida Wrongful Death Act, which establishes the requirements that a person must meet for filing a wrongful death claim.
The damages that are capable of being obtained in wrongful death lawsuits include funeral and burial expenses, the amount that the deceased individual would have earned as an income, and compensation for the loss of companionship.
Many times, survivors decide to pursue both survival actions and wrongful death claims. Often, these claims are part of one lawsuit rather than two separate legal actions.Does the Defendant Need to Have Been Convicted of Murder?
A person does not need to be convicted of murder or any other type of killing for the survivors of the deceased individual to be awarded damages. Instead, there are numerous cases where a person was found “not guilty” by a criminal court, and family members have been allowed to receive compensation for the resulting loss in a civil court regardless.Who Is Able to Initiate Wrongful Death Action?
There are a limited number of family members or survivors that are able to initiate wrongful death actions - these include spouses, domestic partners, children, grandchildren, other minor children who relied on the deceased individual, and anyone else who would be entitled to the deceased individual’s property. The range of individuals who are able to initiate survival actions, however, is often much more limited.Our Experience Handling Florida Murder Claims For Victims
Here are examples of some murder or crime-related death claims Jason Turchin has handled:
- Young man was shot and killed as his family was driving by a gas station
- Teenager was struck and killed by a train after being served alcohol underage at a bar in Central Florida
- Teenager was a passenger in a car who was killed when the drunk driver of the car lost control and flipped the vehicle
- Young man was shot and killed by an acquaintance in a house on the west coast of Florida
- Son was shot and killed at an apartment complex in Miami in a high crime area
Losing a loved one as the result of a murder is a particularly difficult ordeal. Fortunately, an experienced attorney is prepared to help victims fight to hold the individuals responsible for these acts accountable. If you have lost one as the result of wrongful and criminal acts committed by another person, we invite you to schedule an initial free consultation with us today. Our Florida murder victim lawyers can be reached at (800) 337-7755.