Did you lose a loved one in a deadly accident or event in Wellington, Florida? Call The Injury Law Firm, PA at (561) 800-4357 to learn about your right to pursue compensation. An experienced Wellington wrongful death lawyer can help your family fight to hold the at-fault party responsible. We offer a free case review so you can get the legal advice you need.
Our founding attorney has already recovered millions of dollars on behalf of injury victims and grieving families. During this difficult time, you can count on our legal team to stand by your side at every stage. Contact us today to schedule your free consultation.
Why Choose The Injury Law Firm, PA to Help With a Wrongful Death Claim in Wellington?
You’ve suffered an unimaginable loss. Your family’s loss can never be repaired. If someone else was responsible, you deserve justice. Often, the only option is to pursue compensation.
Don’t expect the at-fault party to step up and make things right. Most families are forced to deal with uncaring insurance companies and their defense teams. An experienced Wellington personal injury lawyer can step in and deal with all legal and insurance issues–giving your family time to recover.
At The Injury Law Firm, PA, we know firsthand how important your choice of legal representation will be. We take our responsibilities extremely seriously. When you hire us, you’ll gain a dedicated Wellington personal injury attorney who is personally invested in the success of your case.
It’s never too early to call. Reach out today to schedule a free consultation with a Wellington wrongful death attorney.
What Is a Wrongful Death in Florida?
In Florida, families can file a lawsuit if their loved one died due to another party’s actions.
A wrongful death in Florida is technically one:
- Caused by the wrongful act, negligence, default, or breach of contract or warranty of any person
- That would have given the victim the right to file a personal injury lawsuit had they survived
Wrongful death lawsuits are civil matters. They’re separate from any criminal cases the state might initiate against the responsible party. If a wrongful death claim succeeds, the family is awarded financial compensation.
For example, assume a drunk driver caused a fatal car crash. The state may file charges based on DUI and vehicular manslaughter. Surviving family members have the right to file a separate claim for compensation.
How Do I Know Whether I Have a Valid Wrongful Death Case in Wellington?
Did someone else cause your loved one’s death? If so, you likely have a valid wrongful death case. Florida’s wrongful death laws are broad. They cover a wide range of scenarios.
For example, you might be entitled to seek compensation if your loved one was killed due to:
- A distracted driver who caused a fatal car crash
- A doctor’s fatal mistake
- An intentional act of violence
- A property owner’s failure to maintain reasonably safe property conditions
The majority of all wrongful death cases are based on accidents. It’s not typically necessary to establish the defendant’s intentions in wrongful death cases. Careless people can be financially responsible even if they never intended to hurt anyone.
What Procedural Requirements Are Relevant to a Florida Wrongful Death Case?
From a process standpoint, the victim’s personal representative formally files the claim for compensation.
Any compensation is distributed among survivors, defined by law to include:
- A surviving spouse
- Children
- Parents
- Blood relatives and adoptive siblings who were dependent on the victim for support or services
The compensation recovered may become part of the victim’s estate. If they left a will, the compensation will be distributed according to their wishes. It can also be distributed to heirs via Florida intestate laws.
How Much Is My Wellington Wrongful Death Case Worth?
We can only offer limited insight before we investigate and understand the details. All cases are different–even though wrongful death claims all involve fatal injuries.
Issues that our lawyer will evaluate as we assess your case value include:
- Your loved one’s age at death
- The circumstances of the accident
- The identity of dependents, including a young spouse and/or children
- How your family has suffered due to the loss
- Your loved one’s projected earnings had they lived
- The household services and child-care provided by your loved one prior to death
- The financial costs your family has incurred, including medical costs and burial expenses
- Whether Florida shared fault laws are a legitimate issue
- The evidence available to prove liability
As is true in personal injury cases, most wrongful death claims are resolved via insurance negotiations. Negotiating with the insurance adjuster can quickly become frustrating. Regardless of the facts, they’ll attempt to downplay the plaintiff’s suffering.
For most families, hiring an experienced attorney is the best way to secure a full compensation award. Our Wellington wrongful death attorney knows how to handle the insurance companies. For more insight into your case value, call us today for a free case review.
What Types of Damages Are Available to My Family If My Wellington Wrongful Death Claim Succeeds?
Both economic damages and non-economic damages are available.
Examples of the types of compensatory damages your family may recover in a successful wrongful death case include:
- Loss of financial support
- Loss of the reasonable value of your loved one’s household services
- Loss of net accumulations, or projected inheritance
- Funeral expenses and burial costs
- Loss of a parent’s guidance, support, and instruction
- Loss of consortium, or loss of a spouse’s companionship, support, and protection
- Mental pain and suffering
- Medical expenses incurred between the date of injury and the date of death
- The victim’s lost wages between the date of injury and the date of death
If the defendant’s acts displayed a reckless and shocking disregard for human safety, we’ll also pursue punitive damages. Punitive damages are also available when the defendant intentionally killed the victim.
How Can Florida’s Shared Fault Laws Impact My Family’s Wrongful Death Claim?
You will be unable to recover the full compensation that’s available if your loved one shared partial responsibility for their own death.
Florida follows a modified comparative negligence law. Assuming the defense can prove your loved one shared some fault, your family’s settlement or verdict will be reduced. The reduction depends on the extent of blame allocated to your loved one.
Your family loses the right to pursue compensation once the share of fault exceeds 50%.
Don’t panic if the other side tries to blame your loved one. It’s extremely common. Often, the other side won’t have strong evidence to back up their allegations. Your lawyer can work to poke holes in their allegations and protect your interests.
How Much Money Does It Cost to Hire a Wrongful Death Lawyer in Florida?
You can hire The Injury Law Firm, PA, without paying a dime upfront. When you choose our firm, you’ll sign a contingency fee agreement. Via that agreement, you’ll agree to pay a percentage of your settlement or verdict.
Our services cost nothing if we fail to recover compensation for your family. We only get paid if you do–which, of course, gives us a powerful incentive to maximize the value of your claim.
What Causes Most Fatal Injuries in Wellington?
While deadly accidents occur in all types of situations, some of the most common causes of wrongful deaths include:
- Car accidents
- Slip and fall accidents
- Gun violence
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Recreational vehicle accidents
- Construction accidents
- Workplace accidents
- Dangerous property conditions
- Defective products
- Medical malpractice
- Nursing home abuse
If you recently lost a loved one, call us today for the legal advice you deserve. During a free consultation, we’ll listen to your story and help you understand your rights. We have experience handling all types of wrongful death matters.
What Do I Have to Prove to Recover Compensation for a Wrongful Death in Florida?
Most likely, you’ll be required to offer proof of negligence to recover damages for wrongful death.
The four elements of negligence are:
- Duty of care
- Breach of duty
- Causation
- Damages
We all have a legal obligation to exercise a reasonable amount of caution. Someone breaches that duty when they fail to use the caution a reasonable person would use–and cause an accident in the process.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Injury in Florida?
The personal representative has two years to file a lawsuit on your family’s behalf. The two-year statute of limitations starts to run on the date of your loved one’s death.
After two years pass, your family will no longer be eligible to pursue compensation.
Contact Our Wellington Wrongful Death Lawyer for a Free Consultation Today
Did you lose a loved one in a preventable accident? An experienced Wellington wrongful death attorney can be your family’s greatest asset during this difficult time. You can start fighting to protect your family’s future today by calling The Injury Law Firm, PA for a free case review.
