The death of a loved one is always traumatic. An unexpected death can throw a family into emotional and financial turmoil. When that death is someone else’s fault, the family may be entitled to compensation. Though money won’t ease the pain of the loss, it can provide the financial stability the family needs to get through that difficult time and begin to rebuild.
You may have a wrongful death claim in Florida if your loved one died because of a wrongful act or negligence. Some common examples include someone who was killed in a car accident with a drunk driver or someone who died as a result of medical malpractice. The best source of information about whether you may have a wrongful death claim is an experienced Jacksonville wrongful death lawyer.
When you hire a wrongful death attorney at Harrell & Harrell, you get the benefit of deep experience with Jacksonville wrongful death claims and other negligence cases. Our attorneys have the knowledge and experience to navigate the specific requirements of a wrongful death case. We also have in-depth experience with the types of negligence claims that give rise to wrongful death claims, such as motor vehicle accidents, nursing home negligence, defective products and more.
We offer free, no obligation consultations to help you determine the best next steps for your family. Call us now at 904-251-1111 or fill out our contact form.
In Florida, you may have a wrongful death claim if:
The damages available to a surviving family member differ depending on their relationship to the deceased. For example, the surviving spouse and children under the age of 25 are entitled to more extensive damages than other family members.
The process for filing a wrongful death claim in Florida is somewhat different from filing a personal injury claim or other type of negligence claim. That’s because in most types of negligence cases, the plaintiff is the injured person. In a wrongful death case, the injured party is deceased.
You might think that the lawsuit would be filed by the family members who are entitled to compensation, but that’s not how it works. Only the personal representative of the deceased’s estate has the authority to file a wrongful death claim. However, most of the claims in a wrongful death suit are filed on behalf of the surviving family members.
In a Florida wrongful death case, all eligible survivors are entitled to recover the value of lost services and support from the deceased, including future services and support. Certain relatives are entitled to additional damages. For example:
All of the damages listed above are collected on behalf of the surviving family members and go directly to them. That means those funds are not used to pay debts of the estate, costs of administration or other estate expenses.
There are also certain limited damages that may be collected on behalf of the estate. These include:
Note, however, that since these types of damages are awarded to the estate, they are available for creditors of the estate and other expenses.
There are two parts to proving your wrongful death claim. First, you must prove that the other party was responsible for the injury or incident that caused the death. Then, you must prove the extent of your damages.
To prove liability for wrongful death in Florida, you must first prove that the defendant’s actions meet one of the requirements in the wrongful death statute: wrongful action, negligence, default, breach of contract or breach of warranty.
Exactly what is required to prove this element will depend on the circumstances of the death. For example, if the cause of death was a car accident, you would have to prove that the driver was operating the vehicle in a negligent manner. Often, that would mean showing a violation of a traffic safety law.
You would also be required to show that the actions of the defendant caused the death. That is often straightforward, such as in a car accident case where the victim was killed on impact. But in other cases it may be more complicated. An experienced Jacksonville wrongful death lawyer can explain in greater detail what might be required in your case.
Proving damages in a wrongful death case can be complicated, in part because there is no clear monetary value associated with damages such as loss of companionship and protection or mental anguish. It will also be up to the survivors to quantify the support and services they were receiving or expected to receive from the deceased.
The more an insurance company pays out in claims, the less they profit. So, they’ll look for ways to avoid paying your claim or to reduce the amount they have to pay. Some of the ways they may try to avoid paying you full value include:
These tactics can be intimidating and confusing, particularly when you have little or no experience with this type of situation. One big advantage to working with an experienced Jacksonville wrongful death attorney is that they have the knowledge and experience to separate actual weaknesses to be addressed from insurance company tactics.
Surviving family members may have a wrongful death claim in a wide range of circumstances. Some of the most common are listed below, but this is far from a comprehensive list. The best way to find out whether you may have a claim is to talk to an experienced Jacksonville wrongful death attorney as soon as possible.
If you believe the death of a loved one was wrongfully caused by accident or abuse, call Harrell & Harrell, P.A., at 904-251-1111 or toll free 1-800-251-1111 to speak privately with one of our Jacksonville wrongful death lawyers about our no cost, no obligation personal injury case consultation.
Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. In these cases, the surviving family members or the decedent’s estate may have the right to pursue compensation for the losses resulting from the death.
Wrongful death claims can arise from a wide range of situations where another party’s actions or failure to act led to a fatal outcome. These may include incidents involving negligence, unsafe conditions, or intentional misconduct.
Wrongful deaths can result from the following:
Some of the most common ways motor vehicle accidents lead to wrongful death claims include:
The best way to find out whether you may have a claim after a loved one was killed in a car accident is to schedule a free consultation with one of our wrongful death lawyers. An experienced attorney can investigate the crash and help determine who may be legally responsible.
A truck driver or trucking company (or both) may be liable for wrongful death in several different circumstances. For example:
Our wrongful death lawyers will look into the culpability of the trucking company as well as the driver. Weather conditions, road defects and manufacturer defects can also play a significant role, making a prompt and thorough investigation crucial.
Nursing homes are required by the Nursing Home Reform Act of 1987 to provide the “highest practicable” degrees of care to residents, including what’s needed to maintain their physical, mental, and psychosocial well-being. When a loved one who dies in a nursing home setting has been neglected or abused, this can lead to a wrongful death claim. Among other issues, nursing home neglect can be associated with:
When residents are not cared for to the appropriate degree, they may wander off and become injured. When this neglect or abuse leads to a wrongful death, it’s natural to want to discuss compensation.
When someone is driving a boat, he or she must exercise standards of care, similar to operators of cars and other motor vehicles. When that person’s driving causes an accident/wrongful death, they may be liable just like a negligent driver. Some of the most common causes of boating related wrongful death include operating the vessel under the influence of alcohol and inattentiveness.
Motorcyclists are especially vulnerable to road accidents due to their direct exposure to the other vehicle, the ground and objects. If your loved one was killed in a motorcycle accident that was the other driver’s fault, or if the accident was caused by dangerous conditions such as potholes or debris in the road, you may have a wrongful death claim.
When you contact the Jacksonville wrongful death attorneys at Harrell & Harrell, P.A., we will investigate the actions of the other driver and circumstances surrounding the accident, as well as the vehicle manufacturer, road conditions and more, as they pertain to your claim.
Wrongful deaths occur at the workplace, too, with manufacturing plants and construction sites being common locations for deadly accidents to happen. The wrongful death could occur because of an explosion or fall, malfunctioning machinery, dangerous chemical exposure or interaction and more. Wrongful death can occur through one specific accident, or can take place over long-term exposure to dangerous substances.
Many people assume they cannot file a wrongful death claim after a workplace death because workers’ compensation covers workplace injuries. The family may not be entitled to damages from the employer, but there may be third parties such as equipment manufacturers, property owners, and other contractors on the job site who may be liable. Even if you aren’t sure you have a claim, it is worthwhile to consult a local wrongful death attorney.
If your loved one was killed and you believe it was someone else’s fault, you may be entitled to compensation. Because prompt investigation can be extremely helpful in a wrongful death claim, we invite you to request a free case evaluation right away so our attorneys can discuss the unique aspects of your situation.
To set up that free appointment at our Jacksonville law office, contact us online or call us at 1-800-251-1111.
Wrongful death refers to a death that was caused by a wrongful act of another person or entity. That wrongful act could take many forms, including negligence, recklessness, or even breach of contract. The general rule is that if the injured person would have had a cause of action against the other person or entity if he or she had survived, the personal representative of the estate may bring a wrongful death action.
Some common examples include death due to a car accident that was somebody else’s fault, a death caused by medical malpractice, or death caused by a defective product.
In Florida, only the personal representative of the deceased person’s estate can file a wrongful death claim. However, the claim isn’t filed for the benefit of the estate, and any damages awarded do not become part of the estate. Instead, the personal representative of the estate files a wrongful death claim on behalf of certain surviving relatives.
Relatives who may be eligible for compensation under Florida’s wrongful death statute include the surviving spouse, children of the deceased, parents of the deceased, and any blood relatives or adopted siblings who were dependent on the deceased for support. An experienced Florida wrongful death lawyer can explain in greater detail the type and degree of support that might entitle a relative to damages.
Putting a value on the life of your loved one can be very difficult and heart-wrenching for the family. There are, however, multiple factors that we can use to determine the dollar amount for insurance settlements. In Florida, for example, a spouse may be entitled to compensation for these factors: loss of support, loss of love and companionship, and routine services of the deceased. The under-age children of the deceased can typically recover damages for loss of affection, loss of guidance, plus financial support and the cost of routine services that had been provided by the deceased parent.
The victim’s estate can also seek loss of wealth recovery compensation for what would have accumulated in the prospective estate had the wrongful death not taken place. Dollar amounts, in all of these examples, must be objectively determined and backed up by evidence, and our legal team is highly experienced in managing that for our clients.
The sooner you connect with a wrongful death attorney in Florida, the better. First, until you consult a wrongful death lawyer, it may be difficult to know whether you have a valid wrongful death lawsuit at all. The attorney can explain what is required to prove a wrongful death claim and who may be entitled to damages.
A wrongful death attorney is also the best source of information about critical deadlines. The statute of limitations for filing a wrongful death claim may be different depending on the circumstances that led to the death. So, if you don’t get knowledgeable guidance right away, you could miss important deadlines or even lose your claim entirely.
Finally, it’s important to coordinate a Florida wrongful death claim with the administration of the estate. Since the personal representative must file and pursue the claim in their official role, the estate must be open when the case is filed and when any settlement is executed.
From the very inception of our law firm, our founders recognized that in order to provide the best legal representation needed for our clients’ wrongful death cases, we needed to have an outstanding personnel infrastructure with attorneys experienced in pursuing wrongful death claims.
Our staff includes licensed accident investigators that allow us to seamlessly respond to accidents, along with two full-time communication and IT specialists to make sure our systems can function flawlessly, 24/7, and be continually upgraded. We also employ a medical director and full-time staff nurses, plus additional professionals with expertise in specific relevant areas.
In today’s times, having the right technology is also crucial, so we use the most sophisticated telecommunication systems available, with the best computer equipment, legal software and technical systems and support to investigate, develop, and support our clients and cases.
Collecting and preserving vital case evidence and testimony is absolutely crucial to preparing a case file that is well documented, and we ensure that our staff and technology alike will optimally contribute.
Plus, our Jacksonville wrongful death lawyers are dedicated to our clients, with this commitment allowing us to grow into one of Florida’s largest personal injury firms.
No two cases are alike, and step one is to discuss your situation with an experienced personal injury attorney who knows the laws of your state. After a thorough investigation, a timetable may be able to be estimated. Sometimes, for example, an insurance settlement may take place. Other times, the case needs to go to trial.
In some cases, there is only one beneficiary. In other cases, there are multiple ones, including under-age children. Different situations have varying degrees of complexity. We’d be happy to discuss the specifics of your wrongful death claim, contact our Jacksonville personal injury law office today.
The deadline to file most wrongful death claims in the state of Florida is two years, though it’s generally not a good idea to wait that long to get started. Gathering evidence can be difficult months or years after the incident that caused the death. And, your wrongful death lawyer will need time to prepare the case, negotiate with the responsible party (or their insurance company) and file suit if necessary.
In rare circumstances, such as when the death was caused by medical malpractice that was not discovered immediately, the timeline for filing a wrongful death lawsuit may be different.
Wrongful death is a death caused by someone else’s negligence, wrongful act, or breach of contract or warranty. Some common examples include death in a car accident that was caused by a negligent driver, death as a result of medical malpractice, and death caused by a dangerous or defective product.
In Florida, a wrongful death claim is filed for the benefit of surviving family members. However, the claim must be filed by the executor of the deceased’s estate. If you are the executor of an estate and believe you may have a wrongful death claim, you should talk with an experienced wrongful death attorney right away. Most probate lawyers do not have the experience to effectively represent you in a wrongful death case.
The surviving spouse and minor children are entitled to the most significant compensation. Like all survivors, they are entitled to lost services and support. However, there are additional types of damages available, such as loss of protection and companionship for the surviving spouse and loss of guidance and instruction for minor children. The best source of information about the types of damages that may be available in your case is your Jacksonville wrongful death lawyer.
You may have a wrongful death claim, even if the deceased had a pre-existing condition that contributed to their death. If the actions of the defendant caused or accelerated the death, they are typically still liable for damages. However, you can typically expect the insurance company to try to use that pre-existing condition to avoid liability or reduce compensation. It may be more difficult to prove causation in a case involving pre-existing conditions, and your wrongful death attorney may need to hire an expert witness.
The insurance company may also argue that the survivors’ losses are less significant if the deceased’s ability to contribute to the family had been limited by the pre-existing condition, or if their expected life span was significantly shortened by the condition.
Insurance coverage is the main source of compensation for wrongful death claims. If the responsible party doesn’t have insurance, you may still be able to pursue a lawsuit. However, it may be difficult or impossible to collect damages. Your Jacksonville wrongful death lawyer can investigate the responsible party’s assets to see whether you would likely be able to collect damages directly from them.
Depending on the circumstances of the death, your attorney may also investigate to determine whether they may be additional parties who are partly responsible.
The value of a wrongful death claim is either agreed by the parties during settlement negotiations or determined by a jury at trial. However, the Florida wrongful death statute spells out what types of damages are available to each type of survivor, and also what types of damages may be available to the estate. So, the calculation will be guided by those limitations.
The value of the claim may also be impacted by other factors, such as the amount of insurance coverage available and the strength of the proof of fault.
A wrongful death claim is filed by the executor of the deceased’s estate, so technically a non-family member who is in that role can file the claim. However, damages in a wrongful death case are only payable to those the statute defines as “survivors.” Under Florida negligence law, that means the deceased’s spouse, children, parents, and blood relatives or adoptive siblings who were dependent on the deceased for support.
In some circumstances, a non-relative who was included in the deceased’s will may benefit indirectly from certain claims. While most damages in a wrongful death case go directly to the survivor, there are a few types of damages–such as the decedent’s suffering during the time between the incident and death–that are paid to the estate and distributed under the terms of the deceased’s will.
Like other types of negligence cases, most wrongful death claims are settled. Both parties typically have an incentive to settle, since it saves time and money. If the insurance company doesn’t offer a fair settlement, your wrongful death lawyers may recommend taking your case to trial. Whether or not that is beneficial in your case will depend on factors like how much insurance coverage is available, the amount of the settlement offer, the strength of your case.
As settlement negotiations progress, your Jacksonville wrongful death attorney will be able to provide more information about how those negotiations are going and the likelihood that the case will be settled. You may also have to weigh the pros and cons of settling or going to trial, including weighing the delay associated with going to trial against the possibility of a larger award from the jury.
The Florida wrongful death statute specifies the types of damages that are available to survivors. Those damages are different depending on the survivor’s relationship to the deceased. For all survivors, that calculation is based on the loss of support and services. Certain close relatives may recover additional damages, including mental suffering. Those include surviving spouses, minor children, and parents of minor children.
Under some circumstances, adult children of the deceased and parents of deceased adult children may also be entitled to damages for mental suffering. For example, an adult child may collect damages for mental suffering if there is no surviving spouse. Similarly, surviving parents of an adult child may collect mental suffering damages if there are no other survivors.
At Harrell & Harrell, wrongful death cases are handled on a contingency fee basis. This means you don’t pay any upfront attorney’s fees. Instead, the firm is paid a percentage of the compensation they recover for you through a settlement or verdict. If there is no recovery, you typically don’t owe attorney’s fees.
Depending on the case, there may be certain costs associated with building your claim—such as expert witnesses or court-related expenses. During your consultation, Harrell & Harrell will clearly explain how fees and costs work so you know exactly what to expect before moving forward.
Your best first step after a death you believe was caused by someone else’s negligence, recklessness or intentional act should be to consult a Jacksonville wrongful death attorney. You cannot rely on information provided to you by the responsible party or their insurance company, and your attorney may need to act quickly to secure evidence.
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