Losing a loved one is one of life's most devastating experiences, and when that loss is caused by someone else's negligence or wrongful actions, the pain can feel unbearable. If your family member died due to another person's careless, reckless, or intentional conduct in Gainesville, you may be entitled to compensation through a wrongful death lawsuit.
Our compassionate wrongful death attorneys understand the immense grief and confusion that follows the loss of a family member. Our experienced team has helped countless families throughout Florida seek justice and compensation after tragic losses, and we're committed to fighting for your family's rights during this difficult time.
Why Choose Frankl Kominsky Injury Lawyers?
When you're dealing with the loss of a loved one and considering a wrongful death lawsuit, choosing the right legal representation is vital. At Frankl Kominsky Injury Lawyers combine extensive experience with a compassionate approach that puts your family's needs first.
Experience in Wrongful Death Cases
Our wrongful death lawyers have decades of combined experience handling wrongful death cases throughout Florida. We've successfully represented families in wrongful death cases involving car accidents, truck accidents, motorcycle accidents, pedestrian accidents, medical malpractice, workplace accidents, defective products, and many other types of incidents.
Our attorneys understand Florida's wrongful death statute and know how to build compelling cases that maximize compensation for surviving family members.
Resources to Take on Powerful Defendants
Wrongful death cases often involve fighting against defendants with significant resources, including large corporations, insurance companies, and healthcare systems. These entities typically have experienced legal teams working to minimize their liability and reduce any potential payouts. Frankl Kominsky Injury Lawyers has the resources and determination to level the playing field.
Our firm works thoroughly to investigate every wrongful death case, gathering evidence, interviewing witnesses, and consulting with experts to build the strongest possible case on your behalf.
Personalized Legal Strategies
Our team will take the time to understand your wrongful death case and develop a legal strategy designed to achieve the best possible outcome for your family. We understand that each family's relationship with the deceased is different, and we work closely with our clients to understand the full impact of their loss. We then ensure that all aspects of the loss are properly valued and presented in your wrongful death claim.
Free and Confidential Consultations
Medical bills, funeral expenses, and lost income can create overwhelming financial pressure at an already difficult time. That's why we offer free and confidential consultations to discuss your case and legal options without any upfront costs.
We'll listen to your story, review the circumstances of your loved one's death, and provide an honest evaluation of your legal options. We work on a contingency fee basis, which means you don't pay attorney fees unless we successfully recover compensation on your behalf. This allows families to pursue justice without worrying about upfront legal costs.
Wrongful Death Compensation in Florida
Florida's wrongful death statute provides specific guidelines for who can recover damages and what compensation is available.
Economic damages represent the financial losses your family has suffered and will continue to suffer due to your loved one's death. Our attorneys work with economists and other experts to calculate these losses accurately, considering factors like your loved one's age, health, education, work history, and career prospects.
Non-economic damages acknowledge the emotional and personal losses that cannot be easily quantified in dollars. These damages may include compensation for the loss of companionship, guidance, protection, and care that your loved one provided. The pain and suffering experienced by surviving family members may also be compensated, recognizing that the emotional impact of wrongful death extends far beyond financial losses.
Medical and funeral expenses incurred as a result of your loved one's death are also recoverable in wrongful death cases. These expenses can be substantial and add to the financial burden families face after losing a loved one.
Types of Wrongful Death Cases We Handle
Our wrongful death attorneys have experience handling a wide variety of wrongful death cases, each presenting unique legal and factual challenges.
Motor vehicle accidents represent a significant portion of wrongful death cases in Gainesville. These may involve car accidents caused by:
- Distracted driving, drunk driving, or reckless behavior
- Truck accidents where commercial drivers or trucking companies fail to follow safety regulations
- Motorcycle accidents where other drivers failed to see or yield to motorcyclists
- Pedestrian accidents where drivers fail to exercise proper care around pedestrians
Medical malpractice wrongful death cases arise when healthcare providers fail to meet the standard of care, resulting in preventable deaths.
Premises liability wrongful deaths occur when property owners fail to maintain safe conditions, leading to fatal accidents.
Product liability wrongful deaths happen when defective or dangerous products cause fatal injuries. These cases may involve defective vehicles or vehicle parts, dangerous pharmaceuticals or medical devices, defective machinery or equipment, and contaminated food or beverages.
Workplace accidents resulting in wrongful death may occur due to unsafe working conditions, inadequate safety equipment, lack of proper training, or violations of workplace safety regulations.
Florida's Wrongful Death Statute
Florida's wrongful death statute, found in Chapter 768 of the Florida Statutes, provides the legal framework for wrongful death claims in the state.
Under Florida law, only certain individuals are eligible to recover damages in a wrongful death case. The surviving spouse can recover compensation for the loss of companionship and protection, as well as lost support and services. Minor children can recover compensation for lost parental companionship, instruction, and guidance, as well as lost support. Adult children may recover compensation for lost companionship if there is no surviving spouse. Parents can recover compensation for the death of minor children and, in some cases, adult children.
The personal representative of the deceased person's estate must file the wrongful death lawsuit on behalf of the eligible survivors. This person is typically named in the deceased person's will or appointed by the court if there is no will. Florida law requires that wrongful death lawsuits be filed within two years of the date of death, with limited exceptions. This time limit is strictly enforced, so it's important to consult with an attorney as soon as possible after losing a loved one to ensure your family's rights are protected.
Fighting Insurance Companies in Wrongful Death Cases
Insurance companies often become involved in wrongful death cases, either through the defendant's liability insurance or through the deceased person's own insurance policies. These companies frequently use tactics designed to minimize their payouts, even in cases involving the tragic loss of human life.
Our wrongful death attorneys understand these tactics and know how to fight back effectively. Insurance companies may try to argue that the deceased was partially at fault for their own death, attempting to minimize the value of the deceased person's life and contributions to the family.
They may pressure families to accept quick settlements before the full extent of their losses is known or delay processing claims in hopes that families will become desperate and accept lower offers.
We thoroughly investigate every wrongful death case to gather evidence that supports our clients' claims and contradicts any attempts by insurance companies to minimize their liability. We work with experts to properly value the full extent of our client's losses, including both economic and non-economic damages.
Our attorneys are experienced negotiators who know how to deal with insurance companies effectively. We won't allow them to take advantage of grieving families, and we're prepared to take cases to trial when insurance companies refuse to offer fair settlements.
What to Do After a Wrongful Death in Gainesville
If you've lost a loved one due to someone else's negligence or wrongful conduct, there are things you should do to protect your family's legal rights.
First, obtain copies of all relevant documents, including the death certificate, medical records, police reports (if applicable), and any other documentation related to your loved one's death. These documents will be key for your wrongful death case and may be needed to access your loved one's insurance benefits and other assets.
Preserve any evidence related to the incident that caused your loved one's death. This might include photographs of an accident scene, damaged vehicles or property, defective products, or unsafe conditions. If your loved one died in a workplace accident, document the conditions at the workplace if it's safe to do so.
Keep detailed records of all expenses related to your loved one's death, including medical bills, funeral and burial costs, and any other expenses your family has incurred. Also, document the financial contributions your loved one made to the family, including their income, benefits, and services they provided.
Avoid giving detailed statements to insurance companies without first consulting with an attorney. Insurance adjusters may try to get you to make statements that could be used against your family later, or they may pressure you to accept quick settlements that don't fully compensate your family for your losses.
Contact our experienced wrongful death attorneys as soon as possible. In Florida, you have two years from the date of death to file a wrongful death lawsuit. Act quickly to ensure that evidence is preserved and when witness memories are fresh.
How Our Gainesville Wrongful Death Lawyers Can Help
When you work with our wrongful death attorneys, you're getting experienced advocates who understand the complexities of wrongful death law and are committed to fighting for your family's rights during this difficult time.
We'll conduct a thorough investigation of the circumstances surrounding your loved one's death, gathering evidence, interviewing witnesses, and working with experts to build the strongest possible case on your behalf.
Our attorneys will handle all communication with insurance companies and opposing counsel, protecting your family from tactics designed to minimize your claim. We'll fight aggressively to ensure that your family receives full and fair compensation for all of your losses, both economic and non-economic.
If a fair settlement cannot be reached through negotiation, we're prepared to take your case to trial. Our trial attorneys have extensive courtroom experience and know how to present wrongful death cases effectively to judges and juries. We'll work tirelessly to ensure that those responsible for your loved one's death are held accountable.
Who Can File a Wrongful Death Lawsuit in Gainesville?
Florida law is specific about who can file a wrongful death lawsuit and who can recover damages from such a lawsuit. Understanding these rules is important for families considering legal action after losing a loved one.
The wrongful death lawsuit itself must be filed by the personal representative of the deceased person's estate. This person is typically named in the deceased person's will as the executor or personal representative. If the deceased person didn't have a will, the court will appoint someone to serve as the personal representative, usually a close family member.
While only the personal representative can file the lawsuit, the damages recovered are distributed to eligible survivors according to Florida law. Surviving spouses can recover compensation for the loss of companionship and protection, as well as lost support and services from the deceased. If the surviving spouse is also the mother or father of the deceased person's minor children, they may also recover compensation for the children's losses.
Minor children of the deceased can recover compensation for lost parental companionship, instruction, and guidance, as well as lost support and services. Adult children may be able to recover compensation for lost companionship if there is no surviving spouse.
Parents of the deceased may be able to recover damages, particularly if the deceased was a minor child. In some cases, parents of adult children may also be eligible for damages. The specific damages available to each survivor depend on their relationship to the deceased and the circumstances of the case. Our attorneys can help your family understand what damages may be available in your specific situation.
Contact Our Gainesville Wrongful Death Lawyers Today
If you've lost a loved one due to someone else's negligence or wrongful conduct in Gainesville, talk to our experienced wrongful death attorneys at Frankl Kominsky Injury Lawyers.
Our compassionate attorneys will handle every aspect of your case while treating your family with the dignity and respect you deserve during this difficult time. Contact Frankl Kominsky Injury Lawyers at (561) 800-8000 or visit us online to help your family seek justice.