Florida Wrongful Death Lawyers

Our Florida wrongful death lawyers have handled numerous claims for family members who lost a loved one due to an accident, negligence or crime. If you had a family member killed in Florida in an accident and need a wrongful death lawyer in Florida to help with the case, call a FL wrongful death attorney at the Law Offices of Jason Turchin today at (800) 337-7755 for a free consultation. We handle wrongful death claims on a contingency fee basis, which means we only get paid if you recover compensation. We waive all attorneys’ fees and costs if there is no recovery.

Losing a loved one is one of the most challenging events in the lives of many people. You may be entitled to file a legal action if a loved one died as the result of the recklessness or negligence of someone else. It is important, however, for the survivors of a deceased person to quickly obtain the assistance of an experienced Florida wrongful death attorney. The compensation that is frequently awarded in these lawsuits can be helpful in paying for the numerous costs that you now face as a result of your loved one’s death.

What Constitutes a Florida Wrongful Death?

Wrongful death claims are civil actions initiated by the survivors of a person who was killed as the result of the negligence or recklessness of another individual. In wrongful death cases, Florida law permits the loved one of the deceased individual to file a wrongful death lawsuit seeking monetary compensation. The purpose of wrongful death actions is to provide compensation for individuals who depended on the deceased individual to provide financial as well as emotional support.

Some common Florida wrongful death cases our office has handled include:

• Fatal car accidents. If your loved one died in an automobile accident, you may be entitled to compensation under the law.
• Drunk driving crash victims. If you lost a loved one in a Florida drunk driving crash, you may have a claim against the drunk driver, or even a bar or restaurant where the drunk driver got intoxicated, among other places.
• Shooting victims. If your loved one was shot and killed in an apartment complex in Florida, or at a gas station or parking lot, you may have a Florida wrongful death claim for compensation.

The Statute of Limitations in Florida for Wrongful Death Cases

There is a very narrow time window in which survivors are able to initiate a wrongful death action. This window is referred to as a statute of limitations, and in the state of Florida, it is two years. After this period runs out, a person may be barred from initiating a wrongful death action. As a result, it is often a wise idea to immediately obtain the assistance of an experienced accident attorney.

The Elements of a Florida Wrongful Death Case

A Florida wrongful death case arises when another party’s negligence, recklessness, or deliberate behavior results in a person’s death. To establish that a wrongful death occurred, it must generally be established that a person had a duty of care to the deceased individual, that the individual’s act or omission breached the standard of care, and that this breach was the direct result of the person’s death. Wrongful death actions can include a number of different types of accidents, but some of the most common include birth injuries, car accidents, medical malpractice, truck accidents, and workplace accidents.

Damages in Florida Wrongful Death Actions

Courts take a number of factors into consideration when deciding on the amount of damages that should be awarded to the survivors of a deceased individual. One of the primary factors that influences who will be able to recover damages include a person’s relationship to the deceased individual. The following types of relationships often mean that a person may be able to receive compensation:

• Children. Minor children may be able to seek compensation for the loss of parental companionship, as well as emotional suffering following the accident.
• Spouse. A surviving spouse may be able to receive compensation for the loss of the deceased individual’s companionship, as well as compensation for emotional suffering that occurred after the accident.
• Parent. The parents of a deceased minor child may be able to receive compensation for emotional suffering following the accident. The parents of adult children may also able to receive compensation for emotional suffering if there are not any other survivors involved in the accident.

Speak With an Experienced Accident Attorney

Our Florida wrongful death law office understands the numerous challenges that are faced by families after a loved one dies. As a result, we remain committed to making sure that survivors receive the compensation they deserve. Contact our law office today to schedule an initial free case evaluation at (800) 337-7755.

Our office can handle a Miami wrongful death claim, or a wrongful death claim anywhere else in Florida, including Orlando, Key West, Ft Lauderdale and more.

FAQs About Wrongful Death Claims

What Is Considered a Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. Common examples include:

• Fatal car accidents caused by a negligent driver.
• Medical malpractice resulting in death.
• Workplace accidents due to unsafe conditions.
• Defective products leading to fatal injuries.
• Criminal acts, such as assault or homicide.

If you believe your loved one’s death was wrongful, you may have grounds for a legal claim.

Who Can File a Wrongful Death Claim in Florida?

The ability to file a wrongful death claim varies by state, but typically the following parties are eligible:

• Immediate family members, such as spouses, children, or parents.
• Financial dependents or domestic partners in some cases.
• The personal representative of the deceased’s estate.

An experienced wrongful death attorney can help determine if you are eligible to file a claim based on your relationship to the deceased.

What Types of Compensation Are Available in a Wrongful Death Case in Florida?

Compensation in a wrongful death case may cover:

• Economic damages: Funeral and burial costs, loss of income, and medical expenses incurred before death.
• Non-economic damages: Pain and suffering, loss of companionship, and emotional distress.
• Punitive damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer.

Every case is unique, and an attorney can evaluate the damages applicable to your situation.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

The time limit to file a wrongful death lawsuit, known as the statute of limitations, varies by state but is typically two years from the date of death in Florida. Missing this deadline can bar you from pursuing compensation. Contacting an attorney as soon as possible ensures you meet all necessary deadlines.

What Must Be Proven in a Wrongful Death Case?

To succeed in a wrongful death claim, you must generally prove the following elements:

1. Duty of care: The responsible party had a duty to act reasonably to prevent harm.
2. Breach of duty: They failed to uphold that duty through negligence or wrongful actions.
3. Causation: Their actions directly caused the death of your loved one.
4. Damages: You suffered measurable losses as a result of the death.

An attorney can help gather evidence and build a strong case to meet these requirements.

Do I Need an Attorney for a Wrongful Death Claim in Florida?

While it is possible to file a claim without an attorney, wrongful death cases are often complex and emotionally charged. A skilled attorney can:

• Handle negotiations with insurance companies.
• Gather evidence to support your claim.
• Represent you in court if a settlement cannot be reached.

Having legal representation ensures your rights are protected throughout the process.

How Long Does a Wrongful Death Case Take to Settle?

The timeline for resolving a wrongful death case depends on several factors, including:

• The complexity of the case and the amount of evidence required.
• The willingness of the opposing party to settle.
• Whether the case goes to trial.

Some cases resolve in months, while others may take over a year. Your attorney can provide a clearer timeline based on your specific circumstances.

How Much Does It Cost to Hire a Florida Wrongful Death Lawyer?

Most wrongful death lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee is typically a percentage of the settlement or court award. Be sure to discuss payment terms during your initial consultation.