You’ve endured the greatest loss one can experience. Our personal injury team wants to help you seek financial recovery for you, your family, and any children your loved one left behind. A wrongful death action is about more than compensation. Our team’s Florida wrongful death lawyer wants to hold liable parties accountable for the harm they’ve caused you.
Necessary Elements for Liability in a Wrongful Death Lawsuit
A few elements must be present for your loved one’s death to result from someone’s negligence. Generally, four elements of negligence must be present to hold the responsible party accountable:
Duty of Care
For you to be eligible for compensation, the responsible party must have been obliged to exercise reasonable care toward your loved one. Generally, if someone is likely to get hurt due to a lack of reasonable care, a standard of care applies.
For example, business owners must keep their floors free of spills to protect shoppers from falling and getting hurt.
Breach of Duty
The next element of negligence that needs to be present in a wrongful death lawsuit is a breach of duty of care. When someone breaches the duty of care, it means they failed to adhere to or ignored the duty of care by performing a negligent action.
Another situation in which the deceased person’s death could be defined as wrongful is medical malpractice. For example, if a doctor fails to tell the patient about the potential risks of medication or ignores hospital regulations, these are defined as medical malpractice actions.
We understand that medical negligence resulting in losing someone you love can cause mental pain. You put your trust in someone who was supposed to help your relative, not hurt them.
The third element a lawyer must prove in a fatal accident is a relation between the negligent parties’ actions and the deceased person’s passing. Causation is one of the easiest elements to prove in the legal process.
The way to prove this, along with a thorough investigation and evidence, is to answer the question: If the negligent party didn’t act carelessly, would your family member still be alive?
The last element you and your lawyer must prove is that the negligent person’s actions resulted in damages concerning your loved one’s passing. Whether they be economic damages or non-economic damages, you must have evidence to prove them.
The most common pieces of evidence that can help prove your damages are medical bills, photos and videos, and eyewitness accounts. Our lawyers can help you hold the person responsible for your loved one’s passing.
If a Florida wrongful death attorney can prove all of these elements, you may be eligible to file a wrongful death claim on behalf of the deceased person. Our team has an extensive track record of identifying the correct party responsible and getting you the necessary damages.
Statute of Limitations for a Wrongful Death in Florida
When you lose someone you love due to someone’s carelessness, Florida imposes a statute of limitations for wrongful death cases. According to Florida Statutes section 768.21, the wrongful death statute gives you two years from your loved one’s death to file a claim to recover damages.
The time for the statute of limitations can run out faster than you think when navigating a wrongful death case. Our Florida attorneys recommend filing your claim as soon as possible. You only have a limited time to take legal action, and the sooner you file, the higher your chance of recovering the maximum compensation.
Are There Exceptions to the Time Limit I Have to File?
You may have more or less time to file your insurance claim in specific situations. A common situation that may extend your deadline is the case needing a more thorough investigation.
The only way to know exactly how much you have to file a claim is to meet with an experienced attorney from our firm. We can inform you of your time to file before it’s too late and you can no longer recover any compensation.
Our fee structure supports the timely filing of your potential lawsuit because our law firm will accept your case on a contingency fee basis. At no upfront or out-of-pocket costs to you, we will cover all the costs of building and preparing your case. We are only compensated when you are, so if your case does not result in a financial award, you will owe us no legal fees at all.
Wrongful Death Damages You May Be Able to Recover
Losing a loved one is as personal as losses get. We will need to speak with you to understand the full impact of your losses, and we’ll take the necessary time to do so. During this conversation, we’ll gain an understanding of the types of damages you’ve suffered, which may include:
- Pain and suffering: In wrongful death cases in Florida, the decedent and surviving loved ones may experience pain and suffering. The decedent may have suffered pain from injuries before their passing. Surviving loved ones generally endure grief, mental anguish, and various other forms of pain and suffering.
- Loss of companionship and guidance: There are many non-monetary losses when you lose a loved one. The loss of companionship for a spouse and guidance for children are two major damages our firm accounts for.
- Loss of household value: If the decedent contributed something to your household, such as handiness, labor, or other benefits, we’d include this loss in your case.
- Lost financial support: When the decedent in a wrongful death case was also a wage earner, surviving loved ones may need coverage for lost financial support. Your Florida wrongful death attorney can pursue fair compensation for your loved one’s lost income, bonuses, healthcare insurance, and other work-related benefits.
- Medical expenses: If your loved one requires an ambulance or life-flight transport, emergency room care, surgery, or other medical services before passing away, we’ll include these costs in your settlement calculation.
- Funeral expenses: Liable parties may cover the cost of your loved one’s funeral and burial expenses. Having this cost covered can help relieve the financial burden of paying for your loved one’s service.
- Property damage: If your loved one’s passing relates to an incident where property damage occurred, like a Lafayette auto accident, the damage may be part of your wrongful death action.
You may be able to recover these and other monetary damages. Though a financial recovery cannot bring your loved one back, ensuring justice for your loss is necessary. Plus, compensation could provide great relief during a time of distress.
Our team is ready to hold the negligent party responsible for their actions. We can fight for you to receive a fair settlement so you can recover from the loss of the one you love.
Parties that Can File a Wrongful Death Claim
In Florida, only the estate’s personal representative has the legal authority to file a wrongful death claim.
The court may choose a personal representative if someone passes away without a will or estate plan. The decedent may also have identified the personal representative while they were still alive.
Although the personal representative brought the wrongful death lawsuit, the victim’s estate will receive any award as compensation for the victim’s remaining family members and dependents.
When the personal representative files a claim, it must include the names of every survivor who has a stake in the matter and can rightfully seek damages. Any money awarded as compensatory damages is split among the beneficiaries of the decedent’s estate.
Why Our Legal Team is the Right Law Firm for Your Florida Wrongful Death Case
It is completely your decision which law firm is right for your case. However, you may be interested to know what a Florida wrongful death lawyer from our experienced team offers, such as:
- Committed service to clients: We promptly answer phone calls, emails, and other communications. Our team is courteous and compassionate in every interaction with clients like you, and we make client service an essential feature of our representation.
- Proven results: Our firm’s case results include recoveries of $7.13 million, $6.5 million, $4.5 million, $2 million, and $1.4 million. These are only a few examples of the many settlements and verdicts we’ve obtained for clients, including those who’ve lost a loved one.
- Experience with Florida wrongful death cases: The stakes could not be higher than in a wrongful death case. These cases not only involve catastrophic damages but also involve loved ones experiencing deep grief. Our firm handles wrongful death cases in Florida with legal tenacity, but we relate to clients with the utmost empathy.
- Attorneys who care: We carefully select our roster and assign lawyers to cases based on their strengths and experience. Expect strong communication with your Florida wrongful death attorney, who will address all your questions and concerns.
We do everything possible to secure a positive outcome for you and your loved ones. Our track record working with people who have experienced the same loss shows our team’s passion. We don’t stop until we help you recover financially from losing your family member.
Our extensive access to resources, experience, and dedication to getting you the compensation you need can help you through this difficult time. Our team can answer any questions you have when you meet with us so you can determine if we’re the right firm for you.
Legal Services We Perform During Your Florida Wrongful Death Case
Our legal team respects your need to grieve and tend to personal affairs. We’ll handle your entire wrongful death action, contacting you only when necessary. We can:
- Investigate the cause of your loved one’s wrongful death
- Gather case-related evidence, including witness testimony and accident reports
- Document and calculate the damages you, your loved one, and the rest of your family have suffered
- Provide you with a free case consultation
- Oversee all case-related communications and paperwork
- Deal with any insurance companies involved in your case
- Negotiate a settlement
- Take your case to trial, if necessary
You hire a lawyer because you want them to take care of your wrongful death case. Our legal team accepts this mission, and we are ready to advocate for you and your loved ones.
We Support Surviving Families After These Negligence-Based Accidents
Our law firm is passionate about supporting families at the most difficult time of their lives. You have our deepest condolences for your loss. You also have our commitment to supporting your family from the beginning to the conclusion of your case.
We support families who lost a loved one in these types of accidents:
- Automobile accidents
- Bus accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Truck accidents
- Construction accidents
- Motorcycle accidents
Initial consultations are available at no cost and give us the opportunity to learn more about your potential case. They also give you the opportunity to find out how hard we will fight for your family’s rights.
Average Settlement for a Wrongful Death Case
You may be curious to know how much money you can recover in a settlement for your loss; however, because each case is different, there’s no precise amount we can tell you. However, we can tell you about the factors contributing to your settlement.
Factors that May Determine Your Settlement
One of the most important determining factors that could affect your settlement is the damages your loved one, you, and your family suffered. Generally, your settlement is likely higher when you suffer more damage.
Another factor that can affect the amount of your settlement is your loved one’s character. A jury or judge usually determines this. While it may seem unfair for people who don’t know your loved one to determine their character, a lawyer can help you prove your family member’s true nature.
The final factor that can affect how much money you receive is the negligent actions of the responsible party. If the negligent person acted with gross negligence, you could recover additional compensation due to the higher level of pain your loved one may have suffered.
Many other factors can determine the amount of your settlement. Our lawyers can help identify what contributing factors may affect the amount you receive.
Call Our Lawyers Today for Your Free Consultation
When you call our firm, there are no obligations, and time may run out on your case. Our team at GED Lawyers works actively to submit your case before any deadlines but to do so; we need to hear from you. We’re ready to put our track record to work and get the compensation you need.
Call us or fill out the contact form to schedule your free case consultation to see if you qualify for a case. Our lawyers are ready to help you start the legal process and get justice for your loss.