Did you lose a loved one because of another person’s negligence in Lakeland, Florida? A Lakeland wrongful death lawyer can help you recover money for your medical bills, funeral expenses, and the sudden loss of financial and emotional support. Contact or call us at Winters & Yonker Personal Injury Lawyers at (813) 223-6200 for a free consultation.
We fight tirelessly to hold negligent parties accountable and help surviving family members secure justice and the financial support they need to move forward. Contact us today for a free consultation with a Lakeland personal injury attorney about how we can help.
Why Choose Winters & Yonker Personal Injury Lawyers After a Wrongful Death in Lakeland, FL?
Wrongful death cases are among the most emotionally challenging and legally complex types of civil claims. In Lakeland, FL, they require not only a deep understanding of Florida law but also a sensitive approach to helping grieving families seek justice. At Winters & Yonker, we combine compassion with aggressive advocacy.
Our attorneys have spent decades representing families in high-stakes wrongful death cases throughout Florida. We understand the tactics insurance companies and defense lawyers use to avoid paying fair compensation, and we know how to fight back. Our results and dedication have earned us recognition among Florida’s top trial lawyers and the trust of countless families.
When you choose our Lakeland wrongful death attorneys, you can expect:
- Personalized legal guidance tailored to your family’s needs.
- Thorough investigation of the accident and all potentially liable parties.
- Access to expert witnesses who can strengthen your case.
- Aggressive negotiation to pursue the maximum settlement.
- Trial-tested advocacy if your case goes to court.
- Contingency-fee representation with no upfront or hourly fees.
Your family deserves justice and accountability. Let us stand beside you during this painful chapter and fight for the compensation you need to rebuild your life. Contact us today to schedule a free case review with a Lakeland personal injury lawyer.
What Is Considered a Wrongful Death in Florida?
Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful or negligent conduct of another. Simply put, if the deceased could have filed a personal injury claim had they survived, their family may have the right to file a wrongful death lawsuit.
These cases often stem from motor vehicle accidents, workplace accidents, and medical malpractice, but they can arise after any type of incident.
You can typically pursue a civil wrongful death lawsuit even if no criminal charges are filed or if the at-fault party is acquitted in criminal court. These claims seek justice in the form of financial compensation and accountability.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law limits who can file a wrongful death claim. Typically, the personal representative of the deceased person’s estate files the lawsuit on behalf of surviving family members and the estate itself.
Eligible survivors usually include:
- A surviving spouse
- Children, including adopted children
- Parents of the deceased
In some cases, other dependent family members, such as blood relatives or adoptive siblings who relied on the deceased for support, can initiate a wrongful death lawsuit. Any damages awarded in a wrongful death claim are distributed among eligible survivors who suffered losses due to the death.
How Much Is a Wrongful Death Claim Worth in Lakeland?
No amount of money can truly compensate for the loss of a loved one. However, a successful wrongful death claim can help relieve financial burdens and provide long-term stability.
The value of a case depends on many factors, including:
- The deceased person’s age, health, and life expectancy
- Their income, earning potential, and contributions to the household
- The services and support they provided to their family
- Medical bills incurred before death
- Funeral and burial costs
- The emotional impact of the loss on surviving family members
- The nature and severity of the defendant’s misconduct
- Whether comparative fault is alleged
Our attorneys work with experts across disciplines to calculate the true value of your claim. We’ll pursue every dollar your family deserves.
What Compensation Is Available in a Florida Wrongful Death Case?
Florida law allows families to recover compensation in wrongful death cases, including both financial and emotional losses.
Potential economic and non-economic damages, respectively, include:
- Medical costs related to the final illness or injury
- Funeral and burial expenses
- Loss of income and financial support that the deceased would have provided
- Loss of household services and care
- Loss of companionship, guidance, and protection
- Mental pain and suffering of surviving family members
- Loss of parental instruction and support for minor children
- Loss of consortium for a surviving spouse
Our team will carefully document the full scope of your losses so you know exactly what to demand from the insurance company. Call us today to learn more about the types of compensation you can pursue.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Lakeland?
Most injury law firms handle wrongful death cases on a contingency fee basis. This means there are no upfront costs or hourly fees to secure legal representation. Rather, your lawyer’s fee is a percentage of the amount they recover for you. This percentage generally varies depending on the case. If they don’t secure compensation, you owe them nothing.
At Winters & Yonker Personal Injury Lawyers, we offer contingency fees in all wrongful death cases. We also offer free consultations, so you can discuss your case and understand your legal options without any obligation.
What if My Loved One Was Partially at Fault for Their Accident in Lakeland?
It can affect your compensation because Florida follows a modified comparative negligence system. If your loved one was partially responsible for the accident, your family’s compensation may be reduced by their percentage of fault.
For example, if your damages total $1 million but your loved one was found 20% at fault, your family could recover $800,000. However, if your loved one was more than 50% responsible, you may be barred from recovering damages altogether.
Insurance companies often try to exploit comparative fault rules to reduce payouts. They pay less for every bit of blame they can lay at the feet of your loved one. Our wrongful death attorneys know how to counter these tactics and protect your right to compensation.
Common Causes of Wrongful Death in Lakeland
Wrongful deaths can occur in many situations involving negligence, carelessness, or misconduct. Unfortunately, most fatal accidents are preventable, meaning they would not have happened if the at-fault party had exercised reasonable care before the incident.
Some of the most common causes we handle include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Construction accidents
- Premises liability incidents
- Assault
In many cases, multiple parties share responsibility. We’ll conduct thorough investigations to uncover every contributing factor in your loved one’s accident and hold each negligent party accountable.
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
Florida’s statute of limitations for wrongful death lawsuits is typically two years from the date of death. Missing this deadline almost always means losing the right to pursue compensation.
This strict deadline is why it’s vital to contact a lawyer as soon as possible.
How Do You Prove Liability in a Florida Wrongful Death Lawsuit?
To succeed in a wrongful death claim, you must prove that the defendant’s negligence caused your loved one’s death.
This typically involves demonstrating four key elements:
- The defendant had a legal duty to act reasonably to prevent harm from occurring.
- They breached that duty through negligent, reckless, or intentional actions.
- The breach directly caused your loved one’s fatal injuries.
- Your family suffered measurable losses as a result.
Building a strong case requires compelling evidence that shows another party was more likely than not responsible for your family member’s death.
Evidence may include:
- Police reports and crash reconstructions
- Medical records and autopsy results
- Eyewitness statements
- Photos or surveillance footage
- Expert testimony from doctors, accident reconstructionists, or economists
- Employment and financial records documenting lost income and benefits
Contact our legal team today to learn more about how we can help you prove a negligence claim.
Contact a Lakeland Wrongful Death Lawyer Today for Help
No amount of money can replace the person you lost. But a wrongful death claim can help your family achieve a measure of justice and hold the at-fault party accountable.
At Winters & Yonker Personal Injury Lawyers, we understand the profound challenges you’re facing, and we are here to guide you through the claims process.
Contact us today for a free consultation with a Lakeland wrongful death attorney. Let us fight for the justice your family deserves.
