Winter Park Wrongful Death Lawyers - Paul Knopf Bigger
The untimely loss of a loved one is always an emotionally challenging time. But when that loss is the result of someone else’s careless, reckless, or deliberate actions, grief can quickly turn to righteous anger. If someone else is to blame for your loved one’s passing, your family deserves accountability from those responsible for their suffering. A Winter Park wrongful death attorney from Paul Knopf Bigger can help you get it.
Our founding attorneys established our firm to help people and fight injustice wherever we see it. We work tirelessly to make a difference in our clients’ lives, dedicating our careers to upholding our core principles of commitment, excellence, and personal service. Our firm has a proven track record of winning cases at the negotiating table and in the courtroom, recovering the compensation our clients need and deserve from the largest corporations and insurers.
With a wrongful death claim, our law firm will fight to get the financial security you and your family need to start rebuilding your life. Contact Paul Knopf Bigger for a free consultation to discuss your legal options.
What Are the Common Wrongful Death Cases in Winter Park, FL?
At Paul Knopf Bigger, our attorneys and staff help families seek emotional and financial recovery after losing loved ones due to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Defective products
- Premises liability accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse/neglect
What Do You Have to Prove in a Florida Wrongful Death Case?
To recover compensation in a wrongful death case, you must prove that your loved one’s passing stemmed from another party’s negligence, recklessness, or intentional acts.
Proving negligence in a wrongful death claim requires showing that the party at fault for your loved one’s death owed your loved one a duty of care and breached that duty through their actions or omissions. You must also show that this breach of duty caused your loved one’s death directly and proximately.
Proving a claim of recklessness requires you to demonstrate that the party who caused your loved one’s death knowingly or intentionally disregarded a substantial risk that their actions could lead to somebody else’s death.
Finally, proving a claimant of intentional wrongful death requires you to show that the party at fault for your loved one’s passing intended to cause their death, or knew that their actions would lead to your loved one’s death.
A wrongful death case also requires you to prove the extent of financial and personal loss that your family and loved one have incurred due to their passing to establish how much compensation you deserve to recover.
Establishing all this will take considerable evidence, the specific types of which will depend on the circumstances of your loved one’s death. That said, common examples of evidence you might use in a wrongful death claim include:
- Police accident or incident reports
- Business/property accident incident reports
- Surveillance/traffic camera footage
- Cell phone records
- Vehicle computer data logs
- Accident scene photos and videos
- Eyewitness testimony
- Medical records and treatment notes
- Staffing records
- Maintenance or repair logs
- Accident reconstruction, engineering, medical, and financial expert reports and testimony
What Compensation Is Recoverable in a Winter Park, FL, Wrongful Death Claim?
We know that no amount of compensation can undo your loved one’s death or truly make up for their loss. Yet seeking financial recovery from those responsible for their passing can provide your family with some measure of accountability.
Under Florida law, a decedent’s estate and surviving immediate family members have the right to financial recovery for losses and personal suffering caused by the decedent’s wrongful death. Wrongful death compensation can include money for:
- The value of the decedent’s lost services and support from the date of their injury to death and the present value of future support and services the decedent would have provided
- Loss of a deceased spouse’s companionship and protection
- Loss of a deceased parent’s companionship, instruction, and guidance
- Mental pain and suffering experienced by a surviving spouse, child, or parent from the date of the decedent’s injury
- Final medical expenses
- Funeral and burial expenses
- The decedent’s loss of income from the date of their injury to death
- Present value of lost prospective net accumulations the decedent’s estate would reasonably have expected but for the decedent’s death
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, only a decedent’s personal representative can file a wrongful death lawsuit. In most cases, the administrator or executor of the decedent’s estate serves as the decedent’s personal representative. Usually, a close family member such as a spouse, adult child, parent, or spouse will receive an appointment as the executor or administrator of their loved one’s estate, authorizing them to pursue a wrongful death case on behalf of their family members.
How Are Winter Park, FL, Wrongful Death Settlements Paid Out?
Most successful wrongful death claims end in a settlement rather than going to court and trial. Because a loved one’s passing can cause considerable financial and emotional loss, these settlements often involve substantial amounts of money. As a result, families must decide how to structure their wrongful death settlement. Most settlements get paid out in one of two ways: a lump-sum settlement or a structured settlement.
In a lump-sum settlement, the family receives the total compensation under the settlement in one payment. Lump-sum settlements can benefit families by providing them with financial resources to pay off debts that may have accumulated due to their loved one’s passing, such as medical bills or credit card debt.
In a structured settlement, the family will receive settlement compensation through a series of payments. Payments may follow a schedule such as monthly, quarterly, or annually. Some settlements may increase or decrease payment amounts over the settlement term or have a large initial or final payment. Although structured settlements mean families must wait to receive the entire settlement, they can enable families to recover more compensation than they would through a lump-sum payment, as opposing parties may agree to a higher total settlement if they can pay it over time.
What Is the Florida Wrongful Death Statute of Limitations?
Under Florida’s wrongful death statute of limitations, you have two years from the date of a loved one’s passing to file a lawsuit against the party or parties responsible for their death. Courts enforce this deadline strictly. If you file a wrongful death lawsuit after the limitations period expires on your family’s claim, you may lose the opportunity to seek compensation and justice for your loved one’s passing.
Don’t run that risk. Instead, contact a Winter Park wrongful death attorney from Paul Knopf Bigger as soon as possible to start pursuing your lawsuit.
How a Winter Park, FL, Wrongful Death Attorney Can Help You
Losing a loved one is a tragic experience that has both emotional and practical consequences for those left behind. The grief is acute and overwhelming, but there are also serious financial impacts of losing a household provider or caregiver.
Your family should not have to face these challenges alone. A Winter Park wrongful death lawyer from Paul Knopf Bigger can serve as a crucial ally in this difficult time. We will lift the burden of your legal claim from your shoulders and carry it on your behalf.
Let us pursue the financial recovery and justice your family deserves by:
- Thoroughly investigating the facts and circumstances behind your loved one’s passing to recover evidence that will help us build your wrongful death case
- Determining which parties may bear responsibility for your loved one’s death and your family’s losses
- Evaluating potential options for financial recovery, such as available insurance coverage for your claim
- Documenting your family’s losses and crafting compelling arguments to demonstrate the emotional and mental harm your family has experienced due to your loved one’s passing
- Filing your claims and dealing with insurance adjusters and defense attorneys on your family’s behalf so you can focus on being together
- Vigorously pursuing maximum compensation for your family and holding at-fault parties accountable, whether through a negotiated settlement or by taking your case to court and trial if litigation becomes necessary to demand a favorable result
Contact a Winter Park, FL, Wrongful Death Attorney
Your family deserves accountability for the terrible loss you’ve suffered because of someone else’s negligent, reckless, or deliberately harmful acts. The attorneys with Paul Knopf Bigger want to help you demand that.
Learn how a Florida wrongful death lawyer can guide your family through the claims process and advocate for your rights while you focus on grieving and healing. Contact us today for a free, no-obligation consultation.