James Frazier | | Wrongful Death
Losing a loved one is a devastating experience, especially when someone else's negligence causes their death. In such tragic circumstances, a Florida wrongful death attorney can help you seek the justice and compensation your family deserves.

Florida Wrongful Death Lawyer: Navigating Loss After an Accident

Losing a loved one is a devastating experience, especially when someone else’s negligence causes their death. In such tragic circumstances, a Florida wrongful death attorney can help you seek the justice and compensation your family deserves. This comprehensive guide outlines the critical aspects of wrongful death claims in Florida, including who can file a claim, the types of damages available, and why acting promptly is crucial. Should you require immediate assistance or have any questions, contact Paul | Knopf | Bigger today at (800) 434-4327.

Understanding Wrongful Death in Florida

A wrongful death occurs when a person dies as a result of the negligence, recklessness, or intentional actions of another individual or entity. This type of death is not just an unfortunate accident but rather a consequence of actions that could have been prevented. The responsible party may have failed to exercise reasonable care, acted with blatant disregard for safety, or committed deliberate harmful acts. In such cases, the surviving family members are often left grappling with profound grief and the complexities of seeking justice and compensation for their loss.

Common causes of wrongful death include:

  • Motor vehicle accidents
  • Medical malpractice
  • Defective products
  • Workplace accidents
  • Criminal acts such as homicide

Wrongful Death in Florida

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, the personal representative of the deceased’s estate must file the wrongful death claim. This claim benefits the decedent’s surviving family members, including:

  • Spouse
  • Children
  • Parents
  • Dependent blood relatives and adoptive relatives

Types of Compensation in Wrongful Death Cases

The compensation available in wrongful death cases aims to cover both economic and non-economic damages. These may include:

Economic Damages

  • Medical Expenses: Costs incurred for medical treatment prior to death.
  • Funeral and Burial Costs: Expenses related to funeral services and burial.
  • Lost Wages: Income the deceased would have earned.
  • Loss of Benefits: Such as health insurance, Social Security, or pensions.

Non-Economic Damages

  • Pain and Suffering: Emotional distress experienced by surviving family members.
  • Loss of Companionship: The absence of the deceased’s guidance, companionship, and protection.
  • Loss of Parental Support: For minor children, the loss of parental instruction, care, and companionship.

Punitive Damages

This type of damage is awarded as punishment for exceptionally egregious conduct. While not available in many states and not recoverable against certain defendants, such as most government agencies, “treble damages” may be awarded in specific cases. Treble damages refer to an amount that is three times the actual damages. They are often recoverable against nursing homes if elder abuse has led to the death of a senior loved one.

Compensation in Wrongful Death Cases

Special Considerations for Wrongful Death Cases Involving Children

When a Parent Loses a Child

The loss of a child is one of the most profound tragedies a family can endure. Courts consider various factors when determining damages for parents, including:

  • Medical expenses incurred before the child’s death
  • Grief and mental anguish
  • Loss of companionship and emotional support

When a Child Loses a Parent

Children, especially minors, face significant challenges when they lose a parent. Compensation for these young survivors aims to provide financial stability and cover future needs. Lawyers often establish legal protections to ensure that compensation is managed responsibly.

Common Causes of Wrongful Death Claims

Motor Vehicle Accidents

Accidents involving cars, motorcycles, bicycles, and trucks often result in wrongful death claims. A Florida wrongful death attorney can help navigate the complexities of these cases.

Medical Malpractice

When a loved one dies due to healthcare-related negligence, such as misdiagnosis, surgical errors, or unsafe medical devices, families can pursue a claim for wrongful death as a result of medical malpractice.

Defective Products

Manufacturers and distributors can be held liable for a wrongful death caused by defective products, including:

  • Malfunctioning automotive parts
  • Dangerous household chemicals
  • Contaminated food products

Legal Process and Statute of Limitations

Filing a Claim

The wrongful death claim must be filed within two years from the date of death. However, certain circumstances can alter this deadline. An experienced wrongful death attorney in Florida can help ensure timely filing.

Investigating the Case

A thorough investigation is crucial to building a solid case. This process involves:

  • Gathering evidence from the accident scene
  • Consulting with medical, financial, and forensic experts
  • Reviewing relevant documents and records

Why You Should Contact a Florida Wrongful Death Attorney Immediately

Preservation of Evidence

Acting quickly can help preserve crucial evidence that might otherwise be lost or destroyed. Early investigation increases the chances of a successful outcome.

Maximizing Compensation

A skilled wrongful death attorney will work tirelessly to ensure you receive the maximum compensation available. This involves:

  • Detailed case analysis
  • Expert consultations
  • Aggressive representation in negotiations and court proceedings

Case Results from Our Florida Wrongful Death Attorneys

The attorneys at Paul | Knopf | Bigger have successfully recovered substantial compensation for families in various wrongful death cases, such as:

  • $19.5 Million for wrongful death
  • $15.5 Million for wrongful death
  • $15.2 Million for wrongful death
  • $15 Million for wrongful death from an auto accident
  • $12.5 Million for wrongful death from a defective product

FAQs about Wrongful Death Claims in Florida

What Constitutes a “Wrongful Death”?

A death is considered “wrongful” if it results from negligence, intentional misconduct, or a defective product. Typical scenarios include car accidents, medical errors, and assaults.

Can Creditors Claim Compensation?

Yes, creditors can seek payment from the compensation awarded, but only if they comply with probate law requirements.

Do Adult Children Have the Same Rights as Minors?

Minor children can recover damages for lost parental companionship and guidance, which are unavailable to adult children.

Paul | Knopf | Bigger - Florida Injury Attorneys

Contact a Florida Wrongful Death Attorney at Paul | Knopf |Bigger for a Free Consultation

If you have lost a loved one due to another’s negligence, it is crucial to seek legal counsel promptly. Our experienced Florida wrongful death attorneys offer compassionate support and expert legal representation. Contact us today for a free, no-obligation consultation, and let us help you pursue justice and secure the compensation your family deserves.

Schedule your free consultation now at (800) 434-4327 or visit our offices in Tampa or Orlando. We are available 24/7 to assist you.

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