Losing a loved one due to someone else’s negligence or wrongful actions is devastating. If this has happened to your family, you may have the right to pursue a wrongful death claim against the responsible person or entity.
In Florida, a wrongful death lawsuit is filed by the personal representative of the deceased person’s probate estate, who is typically a close family member. Any compensation recovered is then distributed to eligible family members.
Family members may be entitled to damages such as:
Additionally, the estate itself may recover compensation for expenses it covered, including funeral and burial costs, as well as lost earnings and savings that were cut short by the victim’s untimely passing.
Any personal injury case can become a wrongful death claim if the victim passes away from their injuries. Common types of accidents that may give rise to a wrongful death lawsuit include (but are not limited to):
More than 35,000 Americans lose their lives in car accidents every year, about one person every 15 minutes. While some crashes may be unavoidable or caused by the injured driver, many can be traced to third-party negligence, such as another motorist, a pedestrian, or even dangerous roadway conditions.
An out-of-control truck can be like an 80,000-pound missile, and these accidents are far more likely to result in fatalities compared to collisions involving smaller vehicles. Although trucking companies are not always directly liable for every negligent act of a driver, truckers themselves are typically covered by substantial insurance policies, which can play a key role in wrongful death claims.
Motorcycle crashes are often fatal because riders lack the frame protection offered by cars. In two-vehicle accidents, fault frequently lies with the other driver, as many motorists fail to notice motorcyclists until it is too late.
Slip and fall accidents claim the lives of around 20,000 people in the U.S. each year, more than half the number of car accident deaths. Depending on where the accident occurs, these cases may fall under workers’ compensation law (if at work) or premises liability law (if on another property).
Severe brain trauma can be fatal, whether caused by a car accident, fall, motorcycle crash, or other incident. Since the brain controls every vital function in the body, brain injuries often have devastating consequences that can quickly lead to death.
When a loved one’s life is taken due to someone else’s negligence, families should not have to navigate the legal system alone. A skilled wrongful death attorney can shoulder the legal burden, fight for justice, and help you secure the compensation your family deserves. An experienced wrongful death lawyer can:
Insurance companies often take advantage of families who don’t know the full worth of their case. We carefully evaluate damages, including financial losses, emotional suffering, and future impacts to ensure you pursue the maximum compensation available.
Wrongful death claims often involve complicated legal questions. For example, how is compensation affected if the victim was partly at fault? What evidence can be used in court? We help you understand your rights and how the law applies to your case.
In Florida, most wrongful death lawsuits must be filed within two years of the date of death. Certain exceptions exist, and missing a deadline could bar you from ever pursuing compensation. We make sure your claim is filed on time.
Insurance adjusters are skilled negotiators trained to minimize payouts. We know their tactics and we don’t allow grieving families to be taken advantage of. Our reputation for tough negotiation often leads to fair settlements without ever stepping into court.
If an insurance company refuses to be reasonable, we are fully prepared to file a formal complaint with the court. Taking this step shows the other side that we mean business and frequently results in a more favorable settlement.
While most wrongful death cases settle, some proceed to trial. Our trial experience and proven record of success often give us an advantage even before a case reaches the courtroom because insurance companies know we are ready and able to win.
We proudly serve families across South Florida who have lost loved ones due to negligence. Even if your loved one survived the accident but suffered serious injuries, our personal injury attorneys can help with your case. In either situation, having an experienced personal injury and wrongful death lawyer by your side is essential to handling your claim from start to finish.
If your loved one has been killed for reasons that you suspect may be someone else’s fault, contact our law firm today at (305) 363-7855, any time 24/7, or fill out our online contact form, for a free consultation with our wrongful death attorneys. Remember — if we don’t win, you don’t pay.
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