What You Should Know About Wrongful Death Claims In Florida

If you have recently lost a loved one due to the negligence of another, you want to consider contacting a wrongful death attorney in Florida. While it is already an overwhelming event, this is compounded with the fact that some will find themselves having to fight for their right to compensation following the untimely death of their loved ones.

Experienced and Professional Attorney


Many have heard the term wrongful death, but not many know exactly what it means. Wrongful death attorneys are very familiar with this type of legal claim. They can provide family members with the information they need to seek compensation for damages, including loss of consortium, loss of support, and loss of financial support.

How a Wrongful Death Claim Works


When you file a claim for wrongful death, it is filed against the defendant that caused the person's death through negligence or another intentional action. A wrongful death claim can happen after a person is killed as the result of a wrongful action, including being intentionally killed, when a victim dies due to a misdiagnosis, or because of a car accident involving negligence.

Proving Your Claim


To hold someone liable in a wrongful death claim, you must provide proof of the claim. You have to meet the same burden of proof that the victim would have had to prove had they lived. To do this, you must prove that the defendant owed the victim a duty of care. If they breached this duty and it caused the death, then the family can seek compensation.

Filing a Claim


So, who can file a wrongful death claim? A representative of the deceased victim's estate or the survivors of the victim may be able to file a wrongful death claim. However, this can vary from state to state. In all states, however, the spouse can file on behalf of the deceased, along with the parents of minors.

Wrongful Death Damages


Some of the damages a family can receive compensation for include the pain and suffering of the victim before their death (also known as a survival claim), medical treatment expenses, funeral and burial costs, loss of the victim's expected income, loss of any inheritance, loss of the value of services the victim would have otherwise provided, the loss of care and guidance, loss of love and companionship, and the loss of consortium.

The average settlement for a wrongful death lawsuit is between $500,000 and $1 million. The amount of compensation, however, does depend on the circumstances surrounding the case, so this amount could be more or less than the average, depending on other factors.

Settlement Pay Out


Wrongful death settlements are often paid one out of two ways. One is through a structured settlement, and the other is through a lump sum payout. When the case settles out of court, it is common for the plaintiff to receive a lump sum payment. The family will receive the full payment for damages.

With a structured settlement, the damages are dispersed through ongoing payments being made to the family members. It provides continuous support to the family through monthly payments for a longer period of time. However, because they are monthly payments, it is more difficult to pay off larger debts at one time, like you could with a lump sum payment.

Before filing your wrongful death claim, contact an experienced attorney to discuss your case and see what kind of compensation your family may be entitled to. They can lead you through the process from start to finish and help you along the way.

Video FAQ:

What is A Wrongful Death Case In Florida?


 

Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

 

Law Offices Near You

Sarasota Office

Sarasota

941-954-1234

2822 University Parkway Sarasota Florida 34243

Bradenton Office

Bradenton

941-752-7000

5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg

727-381-9200

6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office

Sarasota

941-330-0088

9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office

Venice

941-496-9555

3986 S. Tamiami Trail Venice Florida 34293

Englewood Office

Englewood

941-474-4800

2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda

941-613-1141

122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte

941-613-1141

3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office

Arcadia

863-494-0122

10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers

239-332-0770

8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office

Lakeland

863-683-5600

5137 S. Lakeland Dr. Lakeland Florida 33813
 

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