Dealing with a loved one’s death is never easy, especially if their passing is attributed to the negligent actions or wrongful actions of another party. In such instances, the surviving family members or a personal representative of the deceased’s estate can recover damages by pursuing a wrongful death claim against the at-fault party.
An experienced Florida wrongful death lawyer can help surviving family members understand their legal options, file a wrongful death suit, gather evidence, and guide them through the legal process to seek justice and fair compensation for their loss.
Geber Law is a respected law firm in Florida that has dedicated itself to making a difference in the lives of families who have suffered the unimaginable.
We offer free consultations for wrongful death claims and seek to help the blood relatives or the decedent’s personal representative seek justice for their loved one and hold the responsible party liable for their wrongful act or negligence. Contact our law firm today to learn more about your legal options and initiate your Florida wrongful death claim.
Here is everything you need to know about pursuing wrongful death cases in Florida and how an experienced wrongful death attorney can help.
Florida Wrongful Death Act
Under Florida’s wrongful death act, family members who have lost a loved one in an otherwise preventable death due to someone else’s negligence have the right to pursue wrongful death damages. They must do so under Florida’s wrongful death statute, and the burden of proof lies on their shoulders.
However, in pursuing this type of personal injury claim, the act also outlines the order of priority for who can sue in the following order:
- Surviving spouse
In most wrongful death cases, the surviving family member with the highest right to pursue a claim is the surviving spouse.
- Children
If the deceased person does not have a surviving spouse, then their children are next in line with the highest right to pursue a wrongful death claim. An adult child can pursue a claim, as can minor children.
- Parents
If the deceased person does not have children, then their parents can pursue a claim for their untimely death.
- Personal representative or estate
In some situations, an unexpected death can complicate a claim if no surviving spouse, children, or parents are available. A deceased person’s estate usually has a representative or executor who can pursue the claim.
- Other dependant relatives
Family members such as siblings, grandparents, or other dependent relatives of the deceased also have the right to pursue a wrongful death lawsuit in Florida if no other entities are present.
Multiple parties might have equal rights to pursue the claim in some instances. If you are in this situation or want to find out, consult with an experienced legal team. An experienced Florida wrongful death attorney can help you file a joint lawsuit and coordinate your family’s efforts to seek justice and fair compensation.
Types of Wrongful Death Cases
A victim’s death can occur in various types of personal injury cases. Depending on what type of fatal accident caused the death of the loved one, surviving family members must take a different approach to proving the wrongful death action. Here are some situations when wrongful death occurs:
Motor Vehicle Accidents
Motor vehicle accidents often result in fatalities. To prove wrongful death in car accidents, victims must establish liability by gathering evidence. A Florida wrongful death attorney with our firm can thoroughly analyze this type of wrongful death case, gather evidence such as police reports and medical records, interview witnesses, analyze and gather photographs or video footage, and work alongside third-party experts such as accident reconstruction experts to prove fault.
Suppose a car accident showcases that the responsible driver was negligent, engaging in reckless driving, distracted driving, speeding, violating traffic laws, or other negligent behavior. In that case, they can be held liable for the wrongful death.
However, other parties might be responsible in car accidents, such as the manufacturer of a defective component or a government entity, so the legal process will slightly differ. If multiple parties are liable, then under Florida law, the parties will be assigned a percentage of fault as per the pure comparative negligence system. In situations where the wrongful death was caused by a negligent truck driver, the truck company might also share some liability for the accident. A Florida wrongful death lawyer can help you understand exactly who can share the blame for the unfortunate demise of your loved one and hold them accountable.
Medical Malpractice
In medical malpractice cases, wrongful death lawyers can help you with your claim as they deeply understand the medical practices, protocols, and standards of care. Through our network of healthcare professionals, our law firm can establish medical negligence that led to the death of your loved one.
If the medical provider responsible for the death and their insurance company disputes the claim, our lawyers will help you pursue a wrongful death lawsuit. This type of claim can occur at a civil court or criminal court, depending on the circumstances of your case, and you can receive various forms of compensation for your loss. Up until recently, Florida had a cap on damages that ensued from medical malpractice claims. However, you can now pursue higher compensation amounts without the aforementioned limits. Contact our law firm for a free consultation to find out more.
Workplace Incidents
In workplace accidents, workers can experience fatal injuries. In such wrongful death claims, multiple liable parties can be found, such as the employer, third-party contractor, or manufacturer.
Our dedicated Florida wrongful death lawyers will help you identify the liable parties and use the intricacies of workers’ compensation laws to explore all avenues of compensation and protect your family’s rights and interests.
Premises Liability
Premise liability accidents can easily result in a wrongful death claim. Florida wrongful death attorneys who handle these types of claims understand property law and the responsibilities of property owners.
In a slip and fall accident that resulted in wrongful death, for example, wrongful death attorneys will focus on highlighting that the property owner failed in their responsibilities to keep their premises safe and compile enough evidence to showcase how the tragic loss of life could have been avoided.
Product Liability
A wrongful death in Florida caused by product defects requires extensive examination to determine the responsible parties. A wrongful death lawyer will work alongside other experts to examine the manufacturing process, establish design flaws and suspicious safety features, and hold the negligent manufacturer or distributor liable. Such types of cases usually mean that more than one death may have occurred, which will often lead to collective wrongful death lawsuits.
Statute of Limitations on a Wrongful Death Claim
If you want to file a wrongful death claim in Florida, you must do so within two years. The Florida wrongful death statute of limitations begins from the date of death and not the date of injury. Wrongful death lawyers can help you pursue a claim even after the statute expires if special circumstances apply to your case. However, generally, the sooner you act, the better because, in most instances, if you skip the deadline, you can be barred from suing and because the availability of the evidence and accuracy of witness statements will play in your favor.
Pursuing a Wrongful Death Lawsuit
Often, a wrongful death claim can be settled outside the courtroom. Your Florida wrongful death attorney will compile your wrongful death case and seek to recover damages that accurately reflect your loss.
However, this is only if the involved parties reach an agreed outcome. Sometimes, a wrongful death case cannot reach a fair resolution through negotiations. In this case, the trial lawyers at Geber Law will help you file a wrongful death lawsuit against the at-fault parties.
In a Florida wrongful death lawsuit, our lawyers will use all the necessary means to strengthen your claim and secure adequate compensation for your loss. Our law firm has been active since 2001 and has demonstrated its ability to secure substantial client settlements and favorable verdicts.
Our track record of successfully representing clients in litigation speaks for itself, and you shouldn’t be afraid of pursuing wrongful death litigation if all other options have been exhausted. Our unwavering dedication and compassionate approach will empower your family to seek justice and convince the judge and jury of your emotional pain and the financial consequences of the unfortunate event.
Your wrongful death lawsuit’s worth will be dictated by the strength of your legal representation, the damages you have suffered, and the strength of the evidence to showcase negligence. Contact our law firm for a free case evaluation and let a dedicated and compassionate wrongful death attorney take care of your case and family and guide you throughout the legal system.
Types of Damages Awarded in Wrongful Death Cases
In a wrongful death case, surviving family members can recover more than lost wages and medical and funeral expenses. Although funeral expenses and medical bills are important, depending on the circumstances of your case, you can recover much more, such as:
- Lost future earnings and benefits
Surviving family members can receive future income, including wages, salaries, bonuses, and benefits the deceased would have earned.
- Loss of companionship, guidance, and support
Victims can also pursue compensation for their loss of love, affection, care, and guidance that would have been provided by the deceased.
- Pain and suffering
If the deceased suffered mental pain, suffering, and anguish before succumbing to their injuries, surviving family members can also pursue compensatory damages for this as well.
- Loss of household services
Any family member contributes to the household with childcare, housekeeping, and other domestic services, and victims can also be compensated for this loss.
- Punitive damages
If your loved one perished due to the particularly egregious or reckless actions of another party, wrongful death lawyers in Florida might help you convince the court to award you punitive damages. This is done as a way to punish the defendant and deter similar behavior in the future.
How a Florida Wrongful Death Lawyer Can Help Grieving Families
Florida wrongful death legal experts can help grieving families pursue just compensation for their unfortunate loss and other damages. At Geber Law, our dedicated and premiere Florida wrongful death attorneys can help you file a wrongful death lawsuit against anyone, as we have the necessary resources to hold anyone liable for their negligence or wrongful actions.
Our wrongful death law firm in Florida can help you recuperate damages, including medical expenses, lost wages, loss of consortium, funeral expenses, pain and suffering, and more, depending on the unique circumstances of your case.
Since we work on a contingency fee basis, you won’t have to pay anything if we don’t win your case. We will put our 28 years of activity and reputation on the line to help you pursue a successful wrongful death claim or lawsuit and tirelessly work to give you a fighting chance at maximizing your compensation for your loss and other damages.
Contact our law offices today for a free consultation if you require compassionate yet aggressive Florida wrongful death services. Learn more about your legal options, the strength of your claim, what damages you might be entitled to, and more. To learn more about the other personal injury services we offer feel free to visit our personal injury lawyers in Florida page.
