Have you lost a loved one as a result of a wrongful death? If so, you could be looking for local trustworthy wrongful death lawyers to help you pursue justice. Losing someone you love and care about because of another person’s or entity’s negligence or unlawful acts can be a traumatizing experience. But having an experienced Lake Magdalene wrongful death lawyer assist you with your claim can make a world of difference.
At Winters & Yonker, we take pride in our seasoned wrongful death attorneys. If you are convinced that your loved one’s death was the result of another’s actions or inaction, call us, and our wrongful death attorneys will spring into action to help secure maximum compensation for your claim. Schedule your free consultation with one of our personal injury lawyers in Lake Magdalene, Florida today.
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What Is Wrongful Death in Florida?
Under Florida statute, wrongful death is defined as the death of an individual(s) that is caused by the negligence, default, breach of contract, or unlawful acts of another. Actions that can result in wrongful death in Lake Magdalene, Florida include:
- Intentional homicide such as hitting someone with a blunt object with intent to cause them harm
- Negligent acts such as failing to warn mall visitors of slippery floors
Different settings could lead to a wrongful death suit. Some of the reasons people lodge wrongful death claims in Florida include:
- Criminal activities that lead to homicide
- All sorts of road accidents including truck, pedestrian, and even train accidents
- Medical malpractice such as death on the operating table or misdiagnosing
- Workplace accidents like construction accidents
- Premises liability such as homicide on another’s property
- Death during supervised or monitored care
Who Is Qualified to Lodge a Wrongful Death Suit in Florida?
Florida’s wrongful death laws require that the representative of the decedent’s estate file the wrongful death claim. The representative of the estate may be named in the will or estate plan of the deceased. If there is no will or estate plan, then the court will appoint one – usually a family member of the departed.
Also, family members of the deceased, such as the children, spouse, or parents, have a right to lodge a wrongful death suit in Florida against the person or organization they believe was responsible for their loved one’s sudden death. Of course, don’t do it alone, hire an experienced attorney to help streamline the process and increase your chances of success.
What Damages Can I Recover in a Wrongful Death Suit in Florida?
When you’ve lost a loved one because of medical malpractice, a vehicle accident, a workplace accident, or defective products, you have a right to seek compensation from the responsible party in Florida. You should find a reputable lawyer who specializes in wrongful death so they can lodge a wrongful death claim and help pursue justice for the deceased and your family.
Florida Wrongful Death Statutes categorize damages for wrongful death claims into two primary categories:
Essentially, survivors here are the family members of the deceased. In Florida, survivors of the deceased are entitled to the following damages:
- Loss of support and services
- Mental anguish and suffering
- Loss of protection
- Loss of companionship, guidance, and instruction
- Medical or funeral expenses paid by the survivor(s) on behalf of the deceased
The Deceased’s Estate Damages
Here, the estate is considered as a separate entity. While the damages recovered by the estate are not as significant as those retrieved by the survivors, they are equally important. The deceased’s estate can get compensated for the following damages:
- Loss of net accumulations
- Decedent’s lost earnings
- Medical and funeral expenses paid for by the decedent
How Is Negligence Proved in a Wrongful Death Case in FL?
Wrongful death cases are hinged on negligence in Florida. That means that to win a wrongful death case in Lake Magdalene, or anywhere in Florida, the plaintiff must prove the four elements of negligence:
Duty of Care
The plaintiff must prove that the defendant (the person or organization that they are convinced is responsible for the death of the deceased) had a duty of care to the departed. For example, a surgeon – when in the operating room – has a responsibility to perform the surgery correctly to ensure patient safety.
Breach of Duty of Care
After the plaintiff has shown that the defendant owed the departed a duty of care, he or she is required to prove that the defendant breached that duty of care. In the surgeon example, the surgeon may have been intoxicated when performing the surgery, and as a result, their duty of care fell short of expectations.
Next, the plaintiff must prove that the departed death was the direct result of the defendant’s actions or inaction and not some other cause. For example, going back to our surgeon example, even if the surgeon was intoxicated at the time of the surgery, he or she is not liable for the wrongful death if an equipment issue or undisclosed medical condition caused it.
Finally, the plaintiff must prove that they suffered some form of loss, either financial or emotional, or both because of the defendant’s breach of duty.
How Do I Get Started With Filing a Wrongful Death Claim in Florida?
Florida’s wrongful death statute of limitations defines deadlines for filing a wrongful death claim. Typically, the time limit is set at two years, and the clock starts ticking from the date of death. However, there are exceptions, and these time limits can change. For instance, if your wrongful death case involves medical malpractice, there could be more time to investigate it. Florida’s wrongful death laws are unique and complicated. That’s why it’s highly recommended you have a reliable wrongful death lawyer in your corner, so you don’t miss deadlines or make mistakes that could cost you your claim.
Contact Our Lake Magdalene Wrongful Death Lawyers
Has your loved one lost their life as a result of another’s negligence? If so, the chances are you’re wondering how you can make them pay. Luckily, there are laws to help with that, and a wrongful death attorney can help you understand these laws and use them to pursue justice for your family. So contact our wrongful death lawyers at Winters & Yonker to arrange a free consultation and learn the best way forward for your case.