Can Victims Of A Shooting Sue?
The first time many of us became aware of mass shootings was on April 20, 1999 when the Columbine High School shooting made the news. Sadly, it was not to be the last school shooting. But gun violence happens every day and is not always a national news story. What do you do when a family member has been shot or murdered? What options do you have?
Compensation For The Victims Family
Florida Law allows the family of a victim to file a civil case in addition to a criminal case for their loss. For the criminal case, in the state of Florida, the state attorney seeks to prosecute the criminal and have them jailed. In a civil case in Florida, all focus is placed on the incident to determine if it was foreseeable or preventable. For example, if your loved one was killed in an apartment complex, gas station, retail store or parking lot, the landlord or property owner has a duty to provide adequate security for their property.
How A Personal Injury Attorney Can Help
A personal injury attorney will investigate the case to see if it was foreseeable or preventable. They will fight for you to get the compensation for medical bills, funeral expenses, pain and suffering from the property owner. Family members are considered as follows:
● Spouses
● Domestic Partners
● Children
● Parents
● Persons entitled to the victim’s personal property
Florida Wrongful Death Lawsuits
When a family loses a loved one as a result of murder or manslaughter, it is a devastating loss. In the state of Florida, the family of the victim is often able to pursue compensation through two different legal actions. They are wrongful death suits and survival causes of action. Damages usually include funeral and burial, potential income, pain and suffering.
- Wrongful Death Claims:
Wrongful Death lawsuits are designed to compensate survivors for their losses. It is a tort claim filed in a civil suit. They are typically filed by the family members or estate for loss of support, companionship and pain and suffering.
- Survival Causes Of Action:
Survival causes of action are based on the legal claim that would have applied to the victim had they survived the fatal accident instead. If the victim would have survived there would have been medical bills, lost wages, pain and suffering. The victims representative can bring claims against the defendant.
Depending on the circumstances, many families can file lawsuits for both. This is where conferring with a personal injury attorney is vital to help you examine your options and what steps to take next.
Does The Perpetrator Have To Be Convicted Of Murder To Sue?
The person responsible for the death of your loved one does not need to be convicted of murder or any other type of killing for the victims survivors to be awarded damages. A well known example of this is O.J. Simpson who was found not guilty of murder but was found guilty in civil court and ordered to pay the victims families compensation.
A top Florida firearm accident law firm for over 15 years, the experienced personal injury attorneys at Goldman, Babboni, Fernandez, and Walsh can help. If you or a family member was hurt or killed by the reckless behavior of someone with a gun, we will fight for you to get the compensation you deserve. In this time of pain and grief, let us take the load and help you find justice. Contact us to learn more!
