If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be entitled to compensation through a wrongful death lawsuit. The death of a loved one is devasting, and in cases of wrongful death, made even more painful by the knowledge that it did not have to happen. You are probably feeling very overwhelmed by grief and by the practical matters that must be addressed, such as funeral arrangements and financial issues.
We understand that no amount of money can make up for your loss, and that in your time of grief, the last thing that your want to think about is pursuing a lawsuit. However, it is important that you realize that time limits do apply, and if you wait too long to take action you will give up your right to compensation.
Who is Entitled to Compensation in a Wrongful Death Case?
Each case is unique, and there are many factors involved in who is entitled to compensation. Those who can sue for wrongful death can include:
Compensation for Wrongful Death
If you have lost a loved one to wrongful death you may be entitled to compensation including:
- Funeral and burial expenses
- Medical bills
- Lost income
- Loss of companionship
- Pain and suffering
Wrongful Death Causes
Wrongful death cases typically arise out of other types of cases. Accidents are a very common, but not the only cause of wrongful deaths. Wrongful death is often the result of:
- Auto accidents
- Plane accidents
- Boat accidents
- Train accidents
- Defective products
- Construction accidents
- Refinery accidents
- Dangerous premises
- Toxic exposure
Seeking compensation when you have lost a loved one may seem too difficult, but it is an important step for you and your family in putting your lives back together. Too often, victims choose not to pursue a wrongful death case and the responsible party is never held accountable and continues to injure and kill more innocent victims.
We believe that every case is important, and no case is too small. If you have lost a loved one due to someone else’s negligence, please call or email us today to schedule your free consultation.
Se Habla Espanol
Wrongful Death Law Firm
What is Wrongful Death in Florida?
A wrongful death occurs when a person loses their life due to the negligent, accidental or intentional acts or omissions of another person. The death can be the result of many types of incidents or accidents including a traffic collision (pedestrian, bicycle, motorcycle, car, truck, train, airplane, boat), a vicious dog attack, nursing home abuse, product defects, work place safety violations and other dangerous conditions such as slip and falls. When a wrongful death occurs, the decedent’s heirs, family members and other specified beneficiaries may have grounds to file a wrongful death claim against the person at fault for the death.
Our Law Firm has been handling case of wrongful death in Florida for 30 years. Our expert trial lawyers including founder West have a wealth of experience in this area of the law. Our expert legal team is compassionate with our clients, but our attorneys are aggressive in the courtroom and work tirelessly to settle lawsuits against negligent defendants responsible for the loss of our client’s loved ones. Call for a free consultation.
- So what exactly is a Wrongful Death? It is a Tort action found under Florida Civil Code, “Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.”
A Tort Action for Wrongful Death can be Either: 1) intentional 2) negligence (not intentional) or 3) Strict Liability.
- Intentional: A wrongful death lawsuit brought against a party under an intentional tort would have to prove that the defendant knew his actions would cause injury or death, but he or she willfully or recklessly disregarded safety. Also, as a result of the defendant’s actions, another person was killed.
- Negligence: This involves a defendant whose careless acts hurt another person, but they didn’t set out to hurt them rather it was an unintended consequence of their bad behavior. Some examples are a driver who falls asleep at the wheel or a homeowner who fails to enclose a swimming pool.
- Strict Liability: This is imposed on some defendants regardless of how careful they were or their degree of fault because they are engaged in very hazardous or activities that are inherently dangerous to others such as owning vicious animals, storing explosives or dangerous chemicals.
Why Do People File Wrongful Death Lawsuits?
Contact our Law Firm immediately if you have a wrongful death claim. There are strict limitations set under Florida law that define how much time you have to file this type of lawsuit. Our helpful attorneys and legal staff can answer any of your questions about wrongful death claims in Southern Florida.
When to File a Wrongful Death Case?
The Florida legislature created wrongful death statutes to provide financial support to the widows and orphans of people killed by another person’s actions. Criminal charges are a separate charge and its outcome against a defendant does not preclude a family member from filing a wrongful death lawsuit against that same defendant if they are freed. One famous example was the case of O.J. Simpson who was charged with murdering his wife Nicole Brown. Simpson was acquitted of the murder charges, but Brown’s family was successful in its civil suit against Simpson with a Florida wrongful death claim.
- Statutes of Limitation: (Within 2 years for both Florida) Under Florida Code a plaintiff has two years to file a wrongful death claim against a defendant in the case of a death resulting from “an assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” If a claim is not filed within two years the plaintiff loses the right to file an action.
- Claims Against Government Entities: (Cities, Counties, State, Federal) Lawsuits filed against the government can vary and can be complicated. Some require 30 to 180 days notice prior to a lawyer filing a lawsuit. Failure to notify a government agency may preclude a plaintiff from the right to sue them. Specialized attorneys who handle wrongful death claims know how to abide by these deadlines, but delaying contacting an attorney can hurt your chances of a wrongful death settlement.
Who can file a wrongful death claim?
In Florida, claims for wrongful death are strictly regulated. The Florida Code of Civil Procedure Sections 377.60 provides that certain individuals with a relationship to the deceased may file a wrongful death lawsuit based on an order of priority. First on the list are the decedent’s surviving spouse, domestic partner, children and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. Additionally, others may file a lawsuit if they can prove they were dependent on the decedent at the time of death including the putative spouse, children of the putative spouse, stepchildren, or parents. The “putative spouse” refers to the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. Also, another potential claimant, is a minor who may not be related to the decedent, but can prove they resided for the previous 180 days in the decedent’s household and was dependent on him or her for at least half or more of the minor’s support.
Compensation for wrongful death can include:
- Funeral and Burial Expenses
- Survivor’s Pain and Suffering
- Loss of Companionship, Care, and Affection
- Loss of Future Anticipated Earnings
- Medical Expenses
- Loss of Benefits to Heirs
- Punitive Damages
FREE WRONGFUL DEATH ATTORNEY CONSULTATION
If someone in your family has died due to negligence, it’s time to seek help. Call for a confidential talk with an experienced and caring Florida wrongful death attorney who can give you sound advice on how to pursue your injury claim.
Wrongful Death Attorneys Work on Contingency Fee
WE GET PAID, WHEN YOU GET PAID.
Once we decide to take you on as a client, we get paid only if we win your case. We charge no upfront fees or costs, no filing fees, or court costs. We get paid when you get paid. The Florida wrongful death attorneys at our Law Firm want to help you with your case. Our firm serves Southern Florida. Contact us today for a free confidential consultation with one of our helpful Florida wrongful death attorneys who can answer all your questions and help you determine whether you have a case against another party.
Wrongful Death Attorneys
Whether a person’s death occurs suddenly or is expected, losing a family member is never easy and can devastate a family for a long time. Sadly, when the loss is caused by the irresponsible or reckless actions of someone else, the pain can be especially acute. In this type of situation, families may have to cope with a wide range of unexpected costs, including medical and funeral expenses, in addition to the pain they are going through.
At our Law Firm, we believe that no family in should have to cope with the tragedy of a wrongful death on their own. While nothing can ever make up for the emotional pain that you may be coping with, a wrongful death lawsuit can at least help to alleviate some of the financial burden that families may find themselves facing, not to mention provide a sense of justice for the undue loss you’ve had to endure.
Common Causes of Wrongful Death
Sadly, many people act in ways that endanger the lives of others on a daily basis and in a variety of settings. As a result, wrongful deaths can be caused by many different accidents and situations, such as:
- Car Accidents
- Medical Malpractice
- Product Liability
- Workplace Accidents
- Defective Pharmaceuticals
The tragic reality is that far too many people lose their lives due to these and other accidents or acts of negligence.
Call a Wrongful Death Lawyer
Although it can be hard to deal with certain practicalities after losing a loved one, our legal team at The Law Firm believes that the person who caused you and your family’s suffering should be held accountable for their reckless actions. Speak with us about what happened to your loved one and find out how we can provide the legal support you need by calling today.
Survivor Action Attorney
Wrongful death is the pecuniary loss to the survivor of the decedent. Under a the Florida survivor action statute, the family may sue on behalf of the decedent’s estate for damages related to any medical expenses, lost earnings and pain and suffering prior to death, had he or she lived. Since the decedent cannot collect on the award, the money damages are awarded to the estate, which is typically distributed to the decedent’s heirs and beneficiaries.
Experienced Wrongful Death Lawyer
If you have lost a loved one due to another party’s negligence in South Florida, call us. As trial attorneys with more than 30 years of experience in the areas of New Florida personal injury and wrongful death law, we will work aggressively to help you and your family recover the full extent of monetary damages resulting from the death of your family member.
Our firm has experience helping family members recover full and fair money damages in wrongful death lawsuits and survivor’s actions resulting from many types of acts of negligence, including:
- Drunk driver accidents
- Car, truck and motorcycle accidents
- Medical malpractice
- Defective products
- Unsafe premises
- Construction site accidents
Free Consultation · No Attorneys’ Fees Unless You Recover Money Damages
Our personal injury lawyers represents clients with motor vehicle accident injury and wrongful death claims in West Palm Beach and communities throughout South Florida. Call us toll free at or contact us by e-mail to schedule a free consultation with an experienced survivor action lawyer today.
Wrongful Death Lawyer
At our Law Office, we represent surviving family members of victims of fatal accidents of all kinds, including car accidents, truck accidents and construction site accidents. We also represent the families of those killed due to abuse or neglect in nursing homes or medical malpractice.We also represent the deceased in estate-related survivors’ actions.
Wrongful Death Claims and Survivor Actions
Under Florida law, a wrongful death occurs when a person is killed by the negligence or misconduct of another. When this happens, a family member of the deceased may have the right to file a lawsuit under our state’s wrongful death act and survivors’ statute.
While no amount of money can ever replace the loss of a loved one, the courts strive for justice by allowing family members to receive compensation for such expenses as medical care. Wrongful death damages can also include compensation for any financial support that the loved one provided for his or her family.
Many people are surprised to learn that Florida wrongful death claims do not allow money damages for any pain and suffering the person experienced before he or she passed away. However, a separate legal action called a survivors’ action allows for such damages.
Where Do You Begin After the Death of a Loved One?
When you have lost someone you love, the emotions involved can be overwhelming. It is difficult to know where to begin. Talking with an attorney is a good place to start. To speak with attorney about your legal concerns, schedule a free initial consultation at our South Florida law office. We are available by calling or by completing our online form.