Florida Wrongful Death Lawyer

In the wake of a loved one’s untimely death, handling legal matters can feel overwhelming. If their death resulted from someone else’s negligence, you may be entitled to file a wrongful death claim with a Florida wrongful death lawyer. A wrongful death lawsuit allows surviving family members to seek compensation for the loss of their loved one.

At our law firm, Werner, Hoffman, Greig & Garcia, we want to help family members of wrongful death victims seek justice. To get started, you can contact us online or call us at 561-320-8285.

Understanding Wrongful Death in Florida

In legal terms, a wrongful death occurs when someone’s carelessness, recklessness, or intentional act causes the death of another person, and a personal representative can file a claim on behalf of the deceased. Wrongful death lawsuits can arise from various situations, such as car accidents, medical malpractice, or criminal acts that lead to an individual’s death. In other words, a wrongful death is when a person’s death wouldn’t have happened if not for the actions or inaction of another individual or entity.

According to Florida’s Wrongful Death Act, certain family members are able to pursue compensation for the losses they’ve suffered after the death of their loved one. Spouses, adult children, parents of a deceased minor child, and dependents of the deceased may be eligible to file a wrongful death claim. Claims take priority in that order. The immediate family plays an important role in filing wrongful death claims and seeking legal representation to pursue compensation. An experienced Florida wrongful death lawyer can help you determine if you qualify.

The personal representative of the deceased’s estate is responsible for filing the claim on behalf of the estate, and any compensation awarded is directed to this estate, which may also be subject to claims from creditors. The Florida wrongful death statute outlines the legal responsibility involved in wrongful death cases. It emphasizes the importance of hiring an experienced wrongful death attorney in Florida to handle these complex situations and obtain compensation for the deceased’s loved ones.

Common Causes of Wrongful Death

Many situations can lead to a wrongful death claim, including:

• Car or truck accidents: Drunk driving, distracted driving, and reckless driving are all common causes of wrongful death accidents.
• Medical malpractice cases: When a medical professional’s negligence leads to a patient’s death, it may be considered wrongful death, but these cases have unique limitations that must be considered.
• Workplace accidents: Unsafe work environments or employer negligence can result in workplace fatalities.
• Defective products: Faulty products that don’t meet safety standards can cause serious injuries or deaths.
• Dangerous drugs: Misuse or defects in pharmaceutical products can lead to wrongful death claims due to the serious harm or fatalities they cause.
• Other negligent actions: Wrongful death claims can also arise from other situations where negligence leads to a fatality, such as slip-and-fall accidents or drownings.
• Fatal accident: The devastating impact of a fatal accident on families, particularly children who lose parents, underscores the importance of legal representation to secure compensation for survivors.

Wrongful deaths are tragically common, with millions dying each year due to preventable accidents, medical malpractice, and other tragedies.

Damages Recoverable in a Wrongful Death Claim

When a loved one is lost due to wrongful death, surviving family members can seek compensation for two main categories of personal injury damages: economic and non-economic.

Economic damages are the financial losses directly tied to your loved one’s death. They aim to replace the financial support and resources they would have provided if not for the wrongful death. Economic damages can include:

• Medical expenses: This covers costs associated with the accident, final illness, and any care or treatment your loved one received before passing.
• Lost wages: This compensates for the income your loved one was earning and would have continued to earn if not for their death. Future earning potential can also be factored in.
• Loss of future earning capacity: If your loved one was young or had a promising career path, an attorney can estimate their future earnings and include that in the damages.
• Medical, funeral, and burial expenses: Reimbursement for medical, funeral, and burial expenses related to your loved one’s passing.

Florida Wrongful Death Claims Offer Compensation for Emotional Losses

Non-economic damages are the intangible losses resulting from the emotional impact of a loved one’s death. They are more subjective than economic losses, but are still very significant damages that deserve recognition and compensation. Non-economic damages can include:

• Pain and suffering of the deceased: In specific situations, compensation may be available for the conscious pain and suffering your loved one endured before passing.
• Loss of companionship: This covers the emotional loss of companionship, love, and support you would have received from your loved one.
• Loss of guidance: Spouses and children may be entitled to compensation for the loss of guidance and mentorship they would have received from the deceased.
• Mental anguish: The emotional and psychological distress caused by your loved one’s death.
• Lost parental companionship: Minor children can recover damages for lost parental companionship, instruction, and guidance as part of their claims for mental pain and suffering following an injury.

The extent of the damages awarded can vary depending on the specific facts of your case. An experienced wrongful death lawyer in Florida can help you determine the full extent of damages you may be entitled to claim.

The Florida Wrongful Death Claims Process

The wrongful death claim process, often intertwined with a personal injury claim, can feel overwhelming, but with an experienced personal injury attorney by your side, it can be made smoother. Here’s a breakdown of the typical steps involved:

• Consultation with a Wrongful Death Attorney: Discussing your case with an attorney will help you understand your options and determine the best course of action.
• Investigation of the Accident: Your Florida wrongful death lawyer will investigate the cause of death and gather evidence to support your claim.
• Identifying Liable Parties: This involves determining who is responsible for your loved one’s death, including holding negligent parties accountable.
• Negotiating a Settlement: In many cases, a fair settlement can be reached with the at-fault party’s insurance company. However, if negotiations fail, taking legal action may be necessary to ensure fair compensation. Gross negligence may result in punitive damages intended to discourage such egregious behavior, emphasizing its significance in legal discussions.
• Filing a Lawsuit (if necessary): If a settlement isn’t reached, your personal injury attorney will file a personal injury lawsuit to pursue compensation in court.

This is a general outline, and the specific steps may vary depending on your unique situation. It’s always best to consult with a Florida wrongful death attorney for personalized advice regarding your case.

Why You Need a Florida Wrongful Death Lawyer After Losing a Loved One

After a devastating loss, the last thing you want to deal with is a complex legal matter that can feel like an extra burden on top of your grief. With the help of a wrongful death lawyer, you can focus on grieving and honoring your deceased loved one, knowing that they are still pursuing justice on your behalf to recover compensation.

A knowledgeable Florida wrongful death attorney can:

• Help you understand complex legal issues: Wrongful death laws can be intricate. A personal injury attorney can explain the legal aspects of your case and ensure you understand your rights, especially when dealing with someone else’s negligence.
• Gather evidence and build a case: Building a solid case requires experience and knowledge. Your attorney will collect evidence to prove negligence and maximize your potential compensation.
• Negotiate for fair compensation: Handling a wrongful death settlement can be complex. Your attorney will negotiate with the insurance company to ensure you receive fair compensation for your loss and help you recover damages.
• Provide support: This is a challenging time, and your attorney can offer support and guidance throughout the legal process.

In some cases, punitive damages may be awarded to hold the wrongdoer accountable and deter future negligence.

Find the Legal Support You Need With the Florida Wrongful Death Lawyers of Werner, Hoffman, Greig & Garcia

If you’ve lost a loved one due to someone else’s negligence, you deserve to be compensated for your loss. Our team of wrongful death lawyers are here to help you handle this difficult time. It’s not just about receiving the financial compensation you need to survive; understanding what a wrongful death lawsuit is worth can also be important. You also deserve the recognition that your loved one was wrongfully taken from you. Our law firm offers a free initial consultation to provide legal support during this challenging time.

Contact the Florida wrongful death attorneys at Werner, Hoffman, Greig & Garcia. We can help you understand your legal options and handle the path towards justice. You can contact us online or call us at 561-320-8285 to schedule a free consultation.

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