Losing a loved one is an incredibly painful experience, especially when their death was caused by someone else’s negligence or wrongdoing. Our Fort Pierce personal injury lawyers are ready to help you seek justice.
At The Schiller Kessler Group, we understand the devastating impact of losing a family member due to another party’s actions. With over three decades of experience and a proven track record of securing compensation for more than 30,000 Florida injury victims, we’re the firm to call.
Speak with our wrongful death lawyers in Fort Pierce in a free consultation and learn your legal options for a wrongful death lawsuit.
What Constitutes a Wrongful Death in Fort Pierce?
Under Florida law, a wrongful death occurs when an individual dies due to the negligence, wrongful act, default, or breach of contract of another party. If someone’s careless, reckless, or intentional behavior leads to your loved one’s untimely passing, you may have grounds for a wrongful death claim.
Common examples of incidents that can lead to wrongful death lawsuits in Fort Pierce include:
- Motor vehicle accidents, including car, truck, or motorcycle crashes caused by negligent drivers.
- On-the-job accidents from unsafe working conditions or inadequate safety equipment.
- Medical malpractice incidents, such as surgical mistakes or delayed diagnosis.
- Defective products that malfunction and lead to fatal injuries.
- Premises liability accidents, including slip-and-falls or drownings in swimming pools
The purpose of a wrongful death claim is to provide grieving family members with compensation for the loss of their loved one. Additionally, the estate of the deceased may be eligible for certain types of damages, depending on the specific circumstances surrounding the death.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Proving a Wrongful Death Claim in Fort Pierce
To prevail in a wrongful death lawsuit, your attorney must demonstrate the following elements:
Duty of Care
The defendant must have had a legal obligation to exercise reasonable care towards your loved one. This duty of care can arise from various situations, such as a doctor-patient relationship, an employer-employee relationship, or a driver’s responsibility to follow traffic laws and operate their vehicle safely.
Breach of Duty
Once the duty of care has been established, your attorney must prove that the defendant breached this duty through negligent or wrongful conduct.
This breach can take many forms, such as a doctor failing to properly diagnose a condition, an employer not providing adequate safety equipment, or a driver texting while behind the wheel.
Evidence such as expert testimony, accident reports, and witness statements can be used to demonstrate how the defendant’s actions fell short of the required standard of care.
Causation
To hold the defendant liable for your loved one’s death, your attorney must show that their breach of duty directly caused the fatal incident. In other words, you must prove that your loved one’s death would not have occurred if not for the defendant’s negligent or wrongful actions.
This element of causation can be complex, especially in cases involving multiple contributing factors. Your Fort Pierce wrongful death lawyer will work to gather and present evidence that links the defendant’s conduct to your loved one’s untimely passing.
Damages
Finally, your attorney must demonstrate that you and your family suffered losses as a result of your loved one’s wrongful death. These damages can include both economic losses, such as medical expenses, funeral costs, and lost income, as well as non-economic losses.
By carefully investigating your case and gathering the necessary evidence to prove each of these elements, your Fort Pierce wrongful death attorney can build a strong case on your behalf and hold the responsible parties accountable for their actions.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Who Is Eligible to File a Wrongful Death Lawsuit in Fort Pierce?
In Florida, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit on behalf of the surviving family members. This personal representative is usually named in the deceased’s will or estate plan. If there is no designated representative, the court will appoint one.
At The Schiller Kessler Group, we work closely with the immediate family members of the deceased to help them identify who can bring the lawsuit or to have a personal representative appointed by the court, allowing you to initiate your case.
It’s important to note that damages are not limited to the person who files the lawsuit. All eligible people can get a share of the damages as portioned out by the court and Florida laws. The following individuals may be entitled to recover damages in a Fort Pierce wrongful death case:
- The deceased person’s spouse, children, and parents
- Any blood relative or adoptive sibling who was partially or wholly dependent on the deceased for support or services
Damages Recoverable in Fort Pierce Wrongful Death Cases
If your wrongful death lawsuit is successful, you may be entitled to recover various types of damages, such as:
- Medical expenses and funeral costs related to the deceased’s final injury or illness
- Lost income and benefits the deceased would have earned had they survived
- Loss of companionship, guidance, and support provided by the deceased
- Emotional pain and suffering endured by the surviving family members
- Punitive damages, in cases involving gross negligence or intentional misconduct
The damages in your case will vary based on the facts. Our attorneys can help you assess your losses and fight tirelessly to secure the maximum compensation you are entitled to receive.
Seek the Assistance of a Dedicated Fort Pierce Wrongful Death Lawyer
If you suspect that your loved one’s death in Fort Pierce was the result of someone else’s negligence or wrongdoing, it is crucial to seek legal guidance promptly. At The Schiller Kessler Group, we provide personalized attention and regular communication to ensure that you are always informed about the progress of your case.
Contact our office today to schedule a complimentary consultation with one of our experienced Fort Pierce wrongful death lawyers. Allow us to help you pursue justice for your loved one and secure the compensation your family needs during this challenging time.
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