Losing a loved one or family member in an accident caused by someone else’s recklessness or negligence is a terrible experience, and one that has both financial and emotional impacts that can last for many years to come. Surviving family members or dependents are often able to file a wrongful death lawsuit or claim against the at-fault party to recover financial compensation for these measurable impacts and losses. Still, the process is complex, often contentious, and can complicate an already fraught situation as the family struggles with mental pain, medical bills, and more.
Wrongful death claims must be filed by a representative of the decedent’s estate, typically the will’s executor. This executor will generally partner with a Florida wrongful death lawyer to work with insurance companies towards an out-of-court settlement or file a lawsuit in the Florida courts. Florida law treats wrongful death as a personal injury. There are a variety of damages present in this claim that will not be heard in a non-fatal personal injury case, such as funeral expenses and a number of non-economic damages specific to a loved one’s death, such as a loss of consortium and emotional support.
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We offer a free consultation for those eligible to file a wrongful death claim after the tragic and unexpected death of a loved one. The personal representative of the decedent’s estate is typically the designated executor in the victim’s will. If there is no will, the executor will be determined through Florida’s intestacy laws.
Regardless of who is named the personal representative after a loved one’s death, the critical thing to remember is that they do not need to go through this process alone and will benefit from partnering with an experienced wrongful death lawyer to seek compensation for the many damages they are entitled to payment for. A wrongful death case involves identifying, quantifying, and calculating a wide range of wrongful death damages, each of which requires extended attention and an understanding of these laws, and a surviving spouse or loved one should not be expected to handle these steps on their own after the victim’s death.
Contact our law firm as soon as possible to connect with our team of wrongful death lawyers and get started on your case with a compassionate and aggressive legal representative today.
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Most Common Types of Florida Wrongful Death Claims
The following are just a few examples of the many ways that someone can be killed in a way that qualifies as wrongful death in Florida. Whether or not you see your situation listed below, keep in mind that wrongful death is caused by reckless or negligent acts. Even if you do see a similar wrongful death below, remember that no two cases are alike and that your wrongful death attorney will need to undergo a long and detailed investigation to build a comprehensive wrongful death case on your behalf.
Medical Malpractice
Working with a licensed medical professional comes with an explicit expectation that the professional will follow their duties of care to provide you with appropriate and prudent care and avoid any unnecessary harm or injury while focusing on your treatment or recovery. A professional’s failure to provide attentive care, whether through prescribing practices, surgery, diagnosis, treatment, or many other situations, may be considered medical malpractice that leaves the provider open to a lawsuit.
If the injuries caused by medical malpractice are fatal, surviving family members may be eligible to file a wrongful death claim against the provider to recover a range of monetary damages. Florida wrongful death cases stemming from medical errors or malpractice follow a different set of guidelines, including damage caps on non-economic compensation that are not present in other types of cases.
Car Accidents
Car accidents are unfortunately common, and many result in a wrongful death lawsuit when a victim’s injuries prove fatal. The decision to get behind the wheel after consuming too much alcohol or any mind-altering substances is reckless and dangerous, as is looking at or responding to a text message, playing with a GPS or radio, applying makeup, speeding, and many other examples of dangerous driving that can lead to a fatal car accident.
If you have lost a loved one in a car accident that someone else caused, you may be entitled to compensation that a Florida wrongful death lawyer can help you work towards.
Premises Liability
Each time you legally enter someone else’s property — be it government property, residential property, or commercial property — you have every legal right to expect that the property owner or manager has taken the appropriate measures to ensure that visitors are not injured or killed due to a hazard on the premises. Many wrongful death cases stem from those who have lost a family member in an accident caused by an issue that a property owner should have addressed, such as elevator or escalator accidents, slip and falls, and more. Premises liability is a common personal injury case, and wrongful death attorneys are familiar with these cases pertaining to non-fatal and fatal accidents alike.
Motorcycle Accidents
According to the National Safety Council, “Although motorcycles make up only 3% of all registered vehicles and 0.6% of all vehicle miles traveled in the United States, motorcyclists accounted for 14% of all traffic fatalities, 17% of all occupant fatalities, and 3% of all occupant injuries in 2019.”
Wearing a helmet can significantly reduce the risk of suffering fatal injuries. Still, Florida does not require riders over 21 to wear a helmet on a motorcycle. This factor has been suggested as having a significant impact on Florida’s wrongful death statistics. Our law firm is prepared to help you fight for the money you deserve. Contact us now to connect with a Florida wrongful death lawyer as soon as possible.
Pedestrian Accidents
As a pedestrian, there is a lot to pay attention to while walking around in Florida: traffic lights, crosswalks, oncoming traffic, rights of way, and more; unfortunately, even the most attentive and alert pedestrian is at risk of wrongful death caused by a reckless motor vehicle driver as they travel on public roads. A fatal pedestrian accident can lead to a complicated wrongful death case, but our law firm is prepared to help you fight for the compensation you deserve. Partnering with a wrongful death attorney is one of the most important things that you can do after losing a loved one so that you can remain focused on healing and getting your life back on track. At the same time, an experienced professional manages your wrongful death claim on your behalf.
Bicycle Accidents
Riding a bicycle in Florida is a great time for several reasons, including our great weather, scenic rides, and fresh air; unfortunately, though, there are many risks that a cyclist must face each time they take to the public roads, whether for exercise, pleasure, or commuting to and from work. Wrongful death attorneys understand the complexities of a fatal bicycle accident case, such as determining clear fault in the accident and then gathering the many different damages that loved ones are left to deal with after someone is killed in an accident. A Florida wrongful death lawsuit after a fatal bicycle accident can be extremely complicated and stressful, which is why hiring a Florida wrongful death attorney is one of the best ways to improve your chances of recovering the compensation you deserve.
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Frequently Asked Questions About Florida Wrongful Deaths
The following are a few of the many questions that an experienced Florida wrongful death attorney is prepared to answer during free initial consultations as well as in greater detail throughout their work with family members as they work to recover damages and ensure that the survivors receive compensation appropriate to the losses they have suffered. Af
Can you sue for wrongful death in Florida?
Wrongful death can have many impacts on surviving family members and loved ones, and seeking compensation through a wrongful death lawsuit is one option for those left behind to claim compensation for a range of impacts, including mental pain, funeral expenses, and many other losses of financial contributions that the decedent made to the family and dependents. Working with Florida wrongful death lawyers is one of the best ways to ensure that you take the most aggressive and comprehensive approach to your case while focusing on your healing and recovery.
Fasig | Brooks offers a free consultation for those who have lost a loved one through wrongful death. We can go over the many details of the situation and provide a better understanding of how the legal process works moving forward. In many cases, after a wrongful death occurs, survivors may receive compensation in a settlement; however, your attorney may choose to move forward towards trial if they suspect that you may be likely to win punitive damages as well. Punitive damages are awarded by a judge or jury, and wrongful death lawyers will not factor these into settlement negotiations or request these damages.
What qualifies as wrongful death?
No two cases are the same, meaning that working with a law firm of wrongful death attorneys is one of the best ways to ensure that you are building a strong case that proves the defendant is accountable for the accident and death, and therefore liable for the damages you are owed such as mental pain, lost financial contributions, funeral expenses, and more. One of the best ways to understand whether or not your situation constitutes a wrongful death is by discussing the specifics with an experienced wrongful death attorney, who will look out for the following pieces of information:
- Did the defendant owe the victim a duty of care?
- Did the defendant fail to uphold their duty of care?
- Did this failure cause an accident or injury?
- Were the injuries fatal?
A duty of care is something that we all uphold each day in many different contexts. A duty of care is simply the expectation that any given party will act with prudence and care to ensure that they do not cause an avoidable accident that causes others to suffer. Doctors, truck drivers, property owners, and countless others are held accountable for their duties of care. A failure to do so can lead the way to a personal injury or wrongful death claim in the event of serious injuries. Working with the Florida wrongful death attorneys at our law firm is one of the best ways to ensure that you are getting the care and attention your case deserves as someone fights to get you the money you are rightfully owed after this tragic loss.
Who can file a Florida wrongful death claim?
A representative of the deceased’s estate must be the one to file a wrongful death claim, but they can do so with the help of a Florida wrongful death lawyer. Florida’s wrongful death statute allows the claimant to seek compensation for costs and losses such as medical bills, hospital costs, funeral and burial expenses, as well as impacts such as and pain and suffering that the decedent endured between their injury and time of death, financial contributions the decedent made to the claimant, losses suffered by spouses and children, and much more.
Many different specifics need to be explored when determining who is able to file a claim — or be covered in a claim — depending on details such as whether or not the deceased was a child or adult, whether or not a family member was dependant on their financial contributions and will be impacted by this loss in the future, and much more. Adoptive children, parents of adult victims, and many other specific relationships may or may not be eligible to be protected under this statute, but working with an attorney is the best way to understand your situation clearly and fight for the money you rightfully deserve.
How much is a wrongful death claim worth in Florida?
There is no simple way to provide a calculation for a wrongful death claim amount without first taking a long and in-depth look at the specifics of the situation and the impacts that the loss has caused — and may continue to cause. Things like the decedent’s income, cost of medical care and burial expenses, and much more will all lead to significantly different damage amounts from individual to individual. While insurance companies may try to present this as a routine claim that can be settled without much effort, this could not be further from the truth. Working with a Florida wrongful death attorney is one of the best ways to ensure that each of these details is addressed and calculated to ensure that your claim is accurately calculated, negotiated, and either settled or moved forward to the Florida courts with a clear understanding of what you are truly owed.
Contact our firm as soon as possible to connect with an attorney who is experienced with these cases and is willing to pay close attention to detail while gathering all relevant information about your situation. The impacts of wrongful death can show themselves years, or even decades, into the future, but once you have settled your claim or received your award, you will not be able to reopen this case. It is essential that you fight for what you are owed at the start and refuse to settle for anything less than what you legitimately deserve
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