When a loved one dies due to another party’s negligence, you have the legal right to file a wrongful death claim. We empathize with you and understand the difficulty of keeping up with incoming bills and performing everyday tasks following a tragedy.
Our Florida personal injury lawyers will aggressively pursue financial compensation on your behalf, so you can pay for essential expenses and get justice for your loss. So call us today for a free consultation, and let our personal injury team help you through this difficult time.
What Types of Accidents Constitute a Wrongful Death?
Unfortunately, Florida is plagued by a high incidence of wrongful death accidents. In these cases, individuals lose their loved ones due to the reckless and negligent actions of others, leading to fatal accidents. Some of the most frequent types of accidents resulting in wrongful death claims include:
- Motor vehicle accidents: Sadly, motorcycle accidents, truck accidents, and car accidents can lead to death if other parties aren’t paying attention or following traffic rules. If the at-fault parties were under the influence of alcohol, driving recklessly, or texting while driving, you might have a valid case.
- Boating accidents: If your loved one was on a boat, the driver could be the subject of a wrongful death claim if they were inexperienced, lacked a proper license, was under the influence of alcohol, or performed another negligent action.
- Medical negligence: It’s especially upsetting when you lose a loved one to the negligent actions of a doctor, someone you trusted to help your loved one. If a doctor’s error in diagnosis, surgery, or medication dose led to your loved one’s death, you might have a wrongful death case.
- Pedestrian accidents: Pedestrians typically have the right of way on sidewalks and roads. If drivers don’t obey this right, you could hold them accountable for your loss.
- Workplace accidents: Wrongful death can occur if an employer doesn’t provide proper training or supervision or if another coworker acts negligently, leading to your loved one’s death.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
How do You Prove Negligence in a Wrongful Death Case?
To be eligible for a wrongful death lawsuit and compensation, our wrongful death lawyers must prove someone else contributed to your loved one’s death. To do this, we must prove the four elements of negligence:
Duty of Care
First, we must show the responsible party owed your loved one a duty of care. Duty of care means that people should act reasonably and avoid harming anyone. Drivers on the road have an automatic duty of care.
Regardless of your accident type, we’ll investigate if the party responsible neglected your loved one’s duty of care. For example, in a medical malpractice case, doctors must take care of their patients and ensure they don’t harm them.
Breach of Duty
To establish a valid wrongful death claim, it is also imperative to prove that the liable party breached their duty of care and acted with negligence. Again, consider the medical industry as an example. If a physician neglects to prepare adequately for a surgical procedure, it constitutes a breach of the duty of care owed to the patient.
In this scenario, the doctor was fully aware of their obligation but failed to fulfill it, putting the lives of their patients at risk.
Causation
To solidify a wrongful death claim, we next demonstrate that the breach of duty of care was the direct cause of your loved one’s death. This can be accomplished by presenting concrete evidence such as accident photos and videos, eyewitness accounts, medical records, and autopsy reports.
For instance, in a medical malpractice case, a legal professional must prove the doctor’s inadequate surgery prep was the direct cause of the patient’s death. This could entail seeking the opinion of the medical board and other medical experts’ opinions to understand industry standards better.
Damages Suffered
Finally, it’s crucial to demonstrate your family suffered damages due to your loved one’s passing. Again, this aspect is relatively straightforward as we can present evidence, including medical bills and other expenses incurred due to the death.
Should our team of experienced Florida wrongful death lawyers establish all of these case elements, you will have the right to file a wrongful death claim against the negligent party. We stand ready to assist you in seeking justice for your loss and actively pursuing compensation for your pain and suffering.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Actions Our Lawyers Take in a Wrongful Death Case in Florida
We must conduct a factual investigation before filing legal action or making a claim against a possible defendant. Therefore, we will encourage you to tell us as much as possible about the incident that resulted in your loved one’s death.
We’ll need the following to improve our chances of winning your case:
- Details on life insurance policies bought by your family member or on their behalf
- Names and contact details of every surviving family member
- For you to remain silent about your case and refuse payment from the relevant parties responsible for your loved one’s passing
- Copies of accident reports made when the accident happened
- Copies of medical records and hospital reports
- Names and contact information of anyone who may have witnessed the accident
- Images you might have of the accident scene
- Clothing items your loved one wore at the time of the accident
- A document attesting to the death’s precise date
If you are working with an estate attorney, please provide us with their contact information. We’ll use their evidence to strengthen your wrongful death case.
What Is the Statute of Limitations for a Florida Wrongful Death Claim?
After someone you love dies, we understand it can be difficult to do anything but grieve. But Florida’s statute of limitations for wrongful death only gives you so much time to file a claim. According to Florida Statutes § 95.11, you only have two years to file a wrongful death claim.
You must file as soon as possible to have the highest chance of maximum compensation. However, in certain cases, you may have a shorter or longer time to file a claim. A wrongful death attorney from our law firm can help determine the time you have to file.
If you wait too long and miss the filing deadline, you’ll be ineligible to file, and you won’t be able to recover damages or compensation. Furthermore, after the deadline passes, you can no longer hold the liable party accountable.
Damages You Can Recover After You Lose Someone You Love to an Act of Negligence
We understand money can’t bring your loved one back or fix everything. But recovering compensation can help you pay your bills and cover your loved one’s debts. Our attorneys can help you recover the following monetary damages:
- Medical expenses
- Funeral expenses
- Loss of parental companionship
- Loss of consortium
- Mental pain
- Loss of services
- Loss of companionship
A wrongful death lawsuit or claim is a difficult and emotional journey for any family. It is crucial to seek the help of an experienced Florida personal injury attorney to ensure you and your family receive compensation for pain and suffering.
Your lawyer can provide guidance and support throughout the process, helping your family obtain the closure and justice you need to move forward with your lives.
Who Is Eligible to Recover Wrongful Death Damages?
In Florida, there’s a restriction on who can recover compensation in a wrongful death case. The following people can collect compensation after a loved one dies:
- Adult children, if there is no spouse
- Spouse
- Biological child or adoptive children
- Blood relatives
- Parents of minor children
Our wrongful death lawyers can help you, and other family members determine if you’re eligible for compensation. In addition, we’re here to answer any questions you may have about the process.
What Are Punitive Damages and How do I Recover Them?
Punitive damages are a type of damage you can recover if the negligent party was grossly negligent or intentional in their actions toward your loved one.
For example, if another driver became irritated with your loved one’s speed and purposely crashed into them, their actions might be considered intentional. As a result, your family could recover punitive damages for your loved one’s death.
This damage punishes the responsible party and discourages them and others from repeating their negligent actions. A judge or jury will review your case to see if you qualify for punitive damages.
How Our Firm Deals With the Insurance Company in Florida Wrongful Death Cases
At our firm, we understand that dealing with the insurance company in a wrongful death case can seem formidable. However, we are here to help you and ensure you receive the compensation you deserve for your loss.
Before we begin negotiations, our wrongful death attorneys have formulated a plan. With over 17 years of experience dealing with insurance adjusters, we know the schemes to expect. However, these tactics will not deter us. We remain determined to actively secure the settlement for which you qualify.
And if the insurance company refuses you fair compensation, we’ll be ready to file a wrongful death lawsuit and take your case to court. Our wrongful death lawyers will stand by you and defend your case until you get justice.
Contact Our Florida Wrongful Death Lawyers to Start Pursuing Justice Today
If you experienced a wrongful death due to negligence by another person or entity, the skilled lawyers at SKG will provide you with aggressive yet compassionate legal representation. We have the knowledge and resources to handle even the most complex wrongful death cases, and we have a proven track record of success in this area of law.
Our team of experienced Florida wrongful death lawyers is dedicated to helping families like yours obtain justice and the compensation they deserve. So don’t hesitate to take the first step; call us or fill out the contact form to schedule a free, no-obligation consultation today.
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