Wrongful Death Lawyer Florida

Key Highlights

• Florida wrongful death lawyers assist families in recovering compensation resulting from the negligent or illegal actions of another person that resulted in their family member’s death. 
• You may be eligible for damages for funeral expenses, medical bills and loss of earnings as well as emotional grief due to the wrongful death of your loved one. 
• Under Florida law, there is a limited list of individuals who can hire wrongful death lawsuit lawyers and there are strict time limits (which are generally two years). 
• Many times when an insurance company will deny liability for a claim, having a knowledgeable attorney help with your claim can give your case more strength. 
• The Alpha Law Group represents clients throughout Florida with no upfront fees whatsoever.

Getting a Florida Wrongful Death Lawyer: What Should You Do First?

The first step after losing a loved one because of someone else’s wrongdoing, or due to negligence, is to consult a wrongful death lawyer prior to calling the insurance provider. It is very important that initial decisions are made within a timely manner. Evidence can be lost rapidly, and early statements will potentially be used to lower your ultimate compensation.

My name is Alex J. Kompothecras, and at Alpha Law Group, we have seen how quickly the insurers will act in order to protect themselves first, rather than to indemnify victims. By obtaining legal information as soon as possible, your rights can be preserved and your case will have a more solid foundation.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil remedy for the victim’s family members to recover damages caused by the death of their loved one as a result of someone else’s negligence, reckless conduct, or intentional acts. 

Florida statutory law, enacted by the Florida Legislature, defines who can bring a wrongful death action and what damages can be recovered in Florida.

Florida Wrongful Death Attorneys: How We Help Families

When you have lost a loved one there can be an incredible amount of pressure on you. The stress of the legal process adds an additional layer of pressure; however, a group of the best wrongful death lawyers can help to take care of this for the families, so they can concentrate on the healing.

We take care of all aspects involved in your loss:

• Investigating the reason for the death
• Obtaining police reports and medical records
• Getting experts to substantiate liability
• Negotiating with insurance agencies
• Preparing for trial if needed

If a family does not have an attorney, they frequently settle for less than they should. Insurance companies are trained to limit their payments; hiring a wrongful death attorney helps maintain equanimity between the family and the insurance company.

What Causes Wrongful Death Cases in Florida?

The number of wrongful death claims across the state is mainly due to the size of Florida’s population and its significant amount of vehicular traffic.

The main types of wrongful death that occur in Florida include:

• Car accidents on major highways like I95 and I4.
• Medical malpractice and errors made by hospitals.
• Construction and workplace-related accidents
• Neglect or abuse in nursing homes

According to the Florida Department of Highway Safety and Motor Vehicles, there are more than 390,000 automobile accidents occurring each year; a significant number of these accidents have resulted in fatal injuries. Consequently, these statistics indicate that wrongful death is a common event in Florida and that it could be prevented.

How Much Is a Wrongful Death Case Worth in Florida?

This is typically one of the more frequently answered questions by families of deceased individuals. It is difficult to give an exact figure for any given wrongful death case as there are many different factors involved.

Typical Settlement Ranges

So typical settlement ranges include:

What affects the value?

A skilled wrongful death lawyer will make sure that all damages, both financial and emotional, are appropriately estimated and presented. The value may be affected by:

• The age and health of the deceased
• The income and earning potential of the deceased
• The number of dependents of the deceased
• The strength of the evidence presented
• The level of negligence of the person responsible for the wrongful death

What Compensation Can You Recover?

A wrongful death lawyer that families in Florida trust can claim both economic and non-economic damages. 

Economic damages

The economic damages include medical expenses before the decedent’s death. These also include funeral costs and burial expenses as well as the lost wages and future wages.

Non-economic damages

Non-economic damages include reparation for the pain and suffering and loss of companionship/ familialship. You could also claim damages for emotional and mental anguish.

Additional damages

In some situations, punitive damages may be available in order to punish the person who acted carelessly or with the vile intention to commit the act.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Florida law requires there to be strict time limits for cases.  As per the Statute of limitations, the time to bring a wrongful death action is typically 2 years from the date of death. However, the only exceptions to this are that if you did not discover the negligence until later, or if there had been some fraud or concealment by the defendant

If you fail to file your case within these time limits, your case will be forever barred from continuing through the judicial system, and your rights will be lost. It is important to act quickly.

How Do You Prove a Wrongful Death Case?

To pursue a valid wrongful death lawsuit, the Plaintiff must show four separate elements:

1. A breached duty of conduct
2. The defendant acted negligently, causing the breach
3. A direct cause-and-result relationship between the conduct and the breach
4. Damages can be proven without question

Evidence like medical records, police reports, witness statements as well testimony from trained professionals is essential in this process.

An experienced lawyer who pursues wrongful death litigation can create a clear line of connection between the negligent act(s) of the defendant and the damages caused to the plaintiff.

What Happens During a Wrongful Death Lawsuit?

Generally, the legal process advances in a systematic manner.

There is a sequential process:

1. Initial consultation
2. Investigate the claim
3. File the claim
4. Negotiate with the insurance company
5. Go to trial (if not settled out of court)

The majority of lawsuits are resolved before going to trial; however, being prepared for trial enhances the opportunity for a larger amount of money if you settle.

Wrongful Death Lawyers Near Me: Why Local Experience Matters

When you look for a wrongful death lawyer in Florida close to you, you want a lawyer with experience in representing clients in the area with wrongful death cases.

The local attorneys know the specific laws and deadlines related to Florida wrongful death. They are minful of how insurance companies do business in Florida, and what local court procedures are in order for handling wrongful death cases.

At Alpha Law Group, we have extensive experience working with Florida courts, which results in quicker and more successful case outcomes.

What Should You Do Immediately After a Wrongful Death?

Mistakes made during the critical period after a person’s passing could destroy your chances of winning a strong case, but acting promptly will help preserve and protect your case from future problems. Some crucial things to do in the first week after a death may include:

• Obtaining police and medical records (copies of the original documents)
• Preserving all evidence and documentation regarding the deceased person’s situation
• Not communicating with insurance companies, including adjusters
• Getting in touch with a lawyer regarding the wrongful death of your loved one

Common Mistakes That Hurt Wrongful Death Claims

Often times, families do not realize that they hurt their wrongful death case by committing error like delaying in obtaining a lawyer, or accepting an early settlement offer from the insurance company. Also providing a recorded statement to the insurer, and not documenting the damages accurately can hurt your claims.

A lawyer experienced in representing wrongful death victims will help avoid making many of these mistakes.

Case Study: Wrongful Death Settlement in Florida

By Attorney Alex J. Kompothecras, Alpha Law Group

A Florida-resident man, 45, died in an auto accident as the result of the negligent driving of another driver. The insurance company for the other driver denied any responsibility for the accident. Furthermore, they attempted to place some blame on the victim for causing the accident, thus attempting to minimize their liability for the accident, along with any potentially adverse financial consequences on the family of the victim.

We performed a detailed investigation into the accident. This included getting copies of police accident reports, collecting statements from witnesses, and working with accident reconstruction experts. In addition, we obtained documents showing all losses, including wage loss due to dependents on the deceased, and furnished expert testimony regarding the future financial stability of the family and how the death of the deceased would affect the same.

We provided compelling evidence combined with expert analysis establishing the liability of the Defendant and the long-range impact of the accident. Presenting this information in our settlement negotiations helped enhance our negotiating position and provided a solid foundation for reaching a positive resolution of the case.

Result

The case was resolved for $1.2 million, which created full compensation for the financial losses associated with the deceased, for emotional damages, and to provide long-term support for his family without having to go through a long process of litigation.

Speak With a Florida Wrongful Death Lawyer, Families Trust

The impact of losing a loved one can change your life in many ways. You may be experiencing the emotional and/or financial impact of this loss for as long as you live. They don’t want to pay any money out of pocket because of the costs involved when someone makes a claim against an insurance company. Therefore, it’s very important to act quickly to protect your rights and seek the full amount of compensation that you have a right to receive.

Alpha Law Group works hard to help families throughout Florida deal with their wrongful death and complicated legal situations. For more information on your legal rights or next steps in the process with your claim, feel free to get a free consultation with us today by calling our office at (941)-304-1500.

Frequently Asked Questions

What is the success rate of wrongful death lawsuits?

The evidence collected will determine the outcome of the case, along with whether the defendant was at fault in relation to the decedent’s death, and how the attorney strategizes the case for court.

Who pays for a wrongful death lawsuit?

Usually, the liability insurer compensates the party responsible for the deceased person’s wrongful death through a settlement. In most cases, there may be multiple insurers involved in paying for wrongful death claims, with companies such as employers being responsible for any financial loss suffered by their employees.

What is an example of wrongful death?

Fatal automobile accidents due to negligent driving, botched medical procedure or death resulting from unsafe workplace might qualify as wrongfully caused deaths.

What happens if you lose a wrongful death lawsuit?

You will receive no award and you may not have to pay your attorney any fees unless you win your case. Most civil wrongful death law firms operate on a contingency fee basis, which means that you do not give your lawyer money until you win your wrongful death case.

How long does a wrongful death lawsuit take in Florida?

Most wrongful death lawsuits in Florida take between six months and two years after being filed, depending on the size and complexity of the cases involved, the evidence provided in the case(s), and how well the parties involved resolve their disputes prior to a trial. Cases that require a trial or that contain a dispute will generally take longer to resolve.