The Wrongful Death Attorney Standing Up to Injustice
The sudden loss of a loved one can be overwhelming. But with determined legal assistance in your corner, you can focus on what really matters.
We may consider any unexpected loss of a loved one wrong, and Florida law attempts to recognize the sorrow and pain families experience. Under Florida Statutes 768.19, a wrongful death can occur when someone else’s wrongful act, negligence, default, or breach of contract or warranty causes the death of a person. Because wrongful acts and negligence can occur almost anywhere, wrongful death claims aren’t limited to specific accidents, like a car collision. Instead, a wrongful death claim may arise from medical malpractice, workplace accidents, or even defective products.
Calling a Wrongful Death Lawyer: The Process
At Fenderson Law Firm, our wrongful death attorney understands the pain and hardship an unexpected passing causes. That’s why we believe in approaching every client with care, compassion, and a determination to do right. We dedicate time to understanding your unique situation and offer tailored legal strategies to meet your needs.
- Free Case Evaluation: We begin with a free initial consultation, during which we listen to your story, share in your loss, and answer any questions you may have. We then outline the next steps for our clients so they know what’s ahead.
- Thorough Investigation: Led by our wrongful death lawyer, our team conducts a thorough investigation to gather evidence, interview witnesses, and consult with experts to build a strong case.
- Comprehensive support and legal advice: As part of our commitment to providing thorough legal support, we seek to demystify the law and our client’s particular case. We also strive to provide timely notification whenever there are any updates to a client’s claim.
- Negotiation: In any claim, there may be insurers or other businesses that may ultimately be liable for a wrongful death. Negotiating a fair settlement can help victims receive just compensation in an efficient manner.
- Litigation: When negotiation fails to bring about justice for our clients, our Florida wrongful death lawyer stands ready to litigate before a judge or jury. Experience at the negotiating table and the courtroom helps inform strategy along the way.
How Hiring a Wrongful Death Attorney in Florida Helps
Dealing with wrongful death claims can be very confusing and overwhelming for families who have lost a loved one. That's why it's very important to hire a lawyer who specializes in these cases.
Legal guidance
An attorney helps you understand your rights and options.
Financial compensation
They help you secure compensation for medical expenses, funeral costs, lost wages, and emotional suffering.
Peace of mind
Knowing that professionals are handling your case allows you to focus on healing and remembering your loved one.
Trial experience
Should your case go to trial, a seasoned attorney can represent you effectively in court.
Common Causes of Wrongful Death in Florida
A wrongful death may arise out of various wrongful acts, negligence, or even a defective product. These can occur on highways, in workplaces, and even in hospitals. In Florida, statistics show that there were roughly 20,000 accidental deaths, some of which may represent wrongful death claims. Below are some common causes of wrongful death claims.
Motor Vehicle Accidents
When another driver’s negligence causes someone’s death—whether a pedestrian, cyclist, or another driver—this can create a wrongful death claim.
Commercial Trucking Accidents
The size and weight of large trucks can have drastic impacts in collisions, including causing death. Holding drivers, employers, and loaders accountable is the heart of a wrongful death claim.
Medical Malpractice
Doctors are experts, but that doesn’t mean they’re infallible. A misdiagnosis, surgical error, or medication mistake can create a wrongful death claim.
Workplace Accidents
The most recent data show there were over 300 fatal workplace injuries in Florida. These can be particularly concerning for workers in construction and transportation.
Premises Liability
A slip and fall injury can lead to fatal consequences. Loved ones deserve justice for negligent premises management.
Defective Products
When products don’t work as they should or are badly designed, it can be fatal. Our wrongful death attorney holds manufacturers and sellers accountable.
FAQs for our Wrongful Death Lawyer
Understandably, families navigating a wrongful death claim are unfamiliar with how Florida law impacts their claim. Here are some common questions our Florida wrongful death attorney sees:
Who Receives Compensation From a Wrongful Death Claim?
Under Florida law, the following parties are eligible to file a wrongful death claim:
- The deceased person's spouse or domestic partner
- If there are no surviving immediate family members, other parties, such as parents or siblings, may have the right to file
- The deceased person's children
What Damages Can Be Recovered?
Damages in a wrongful death lawsuit can include:
- Medical expenses related to the deceased's final injury or illness.
- Funeral and burial expenses.
- Loss of the deceased's expected income.
- Loss of love, companionship, care, assistance, protection, affection, society, and moral support.
- Loss of household services the deceased would have provided to the family, such as childcare, housekeeping, and home maintenance.
- Emotional distress experienced by the surviving family members due to the wrongful death.
Statute of Limitations
Florida law imposes a two-year statute of limitations on wrongful death claims. This means that you have two years from the date of your loved one's death to file a lawsuit. Failing to do so within this period can result in losing your right to seek compensation.
What If The Person Who Died Was Partially At Fault For The Accident?
According to Florida law, when the victim is partially at fault for their injury or death, the amount available to recover can be reduced by their percentage of fault. However, if they were more than 50% at fault for their injuries, they are not able to recover.
How Long Does A Wrongful Death Case Take To Resolve?
The length of time it takes to settle depends on various factors, including the nature of the accident, the insurer's willingness to negotiate and settle, and the survivors' desire for a fair or fast settlement. A free consultation can help clarify what timelines may lie ahead.
Wrongful Death Lawyer in Florida
With such broad applicability across various areas of law, Florida families need a wrongful death lawyer with deep experience in this complex area of law. When clients turn to our Florida wrongful death attorney, they find a compassionate and knowledgeable advocate ready to help. If you've recently lost a loved one in an accident, contact our law firm today to set up a free case evaluation. With convenient office locations in Jacksonville and Orlando, we fight for grieving households across the entire state of Florida.
