Wrongful Death Lawyer Serving Coral Springs
Coral Springs, Florida attracts tourists from all over due to its beautiful weather and sunny skies. For those who enjoy Broadway-type shows, there is the Coral Springs Center for the Arts which is known to feature world-class entertainment that is appreciated by both tourists and residents alike. The “Our Town” Festival is a highly anticipated yearly attraction with carnival rides, beauty pageants and other family-oriented entertainment. However, along with the fun and adventure, there is also the possibility of serious auto accidents and other accidents that may lead to wrongful deaths.
At this time, one could be left with lingering expenses that may seriously be affecting your financial security. These expenses might include; outstanding hospital bills, funeral and burial costs. At this time, one’s major concern may be moving forward and getting on with our lives.
If you find yourself in the tragic situation of losing a loved one through someone else’s negligent action, you have the right to seek compensation. The experienced attorneys at Frankl Kominsky are available to evaluate and pursue your wrongful death claim. Our goal is to help protect your rights and pursue full compensation for your loss.What is the statute of limitations regarding filing a wrongful death claim?
In Florida, the Statute of Limitations sets forward time limits in which a lawsuit must be filed, or it will be forever barred. In a wrongful death claim, the Statute of Limitations is two years from the date of death of the person. Failing to file your wrongful death lawsuit within the time frame will likely result in your case being dismissed. However, there are some rare exceptions to this. For experienced guidance and to answer any questions, contact the dedicated wrongful death attorneys at Frankl Kominsky.Florida Statute Regarding Wrongful Death
In a situation in which someone has died as a result of the wrongful contact of someone else, then a civil action (wrongful death lawsuit) may be filed against the accused party. Since this is a civil action, it is considered separate from any other (criminal) charges. As such, The Florida Wrongful Death Act ( Florida Statute 768.19 ) was instituted as a judicial means for surviving family members to be compensated for the loss of a loved one.Survivorship Determination
Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.
Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint and their relationships to the decedent shall be alleged. Damages may be awarded as follows:
(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.Different Types of Wrongful Death Claims We Are Available to Handle
The most common types of wrongful death claims fall under the following categories:
Car Accidents – Areas that see a lot of traffic will generally be places in which many car accidents happen. This is especially true in areas that see a lot of tourist traffic. You may find car accidents happening as the result of distracted drivers who are not familiar with the area. Car and auto accidents are frequent in busy cities. With so many vehicles moving on the roads, collisions and accidents are inevitable. While most victims of auto accidents escape with a few scratches and minor injuries, in severe accidents, victims often end up losing their lives after succumbing to grave injuries.
Commercial trucks, 18-wheelers and tractor trailer accidents – These huge vehicles are often driven by those who are extremely tired and trying to meet company deadlines while driving poorly maintained and/or overloaded trucks. Due to the very size of these vehicles, accidents can often be catastrophic with fatalities involved.
Motorcycle and bike accidents – Due to the lack of driver protection, someone who is riding a motorcycle or bike can be subject to serious injuries or fatalities should the motorcycle or bike be hit by a car or truck.
Deaths in the workplace – There are a number of professions that lend themselves to dangerous workplace environments. Some of these include; construction workers, roofers, firefighters, law enforcement, etc. there are also many situations in which one may find non-compliance with mandatory safety regulations.
Defective products – In situations in which a poorly manufactured or improperly designed product has caused an injury, the product manufacturer might be held liable for a subsequent death.
Medical Malpractice – Negligence, leading to a fatality, may come from medical situations such as: improper sterilization, surgical tools left inside a patient, administering incorrect medication and obvious misdiagnosis may lead to someone’s death.
If a loved one has died an untimely death due to someone else’s negligence, contact an experienced wrongful death attorney to discuss your legal options. The initial consultation is always free.Personal Injury vs. a Wrongful Death Claim
There are many situations in which someone has been injured in an accident that has been caused by another party’s negligence. This may be a situation in which a personal injury claim may be filed in order to compensate for medical expenses and other damages that may have occurred.
But, when there is a situation that has resulted in a fatality due to the negligence of another, then filing a wrongful death lawsuit may be appropriate.Types of Damages You Can Pursue in a Wrongful Death Claim
No amount of money can compensate for the loss of a person’s life, but it can help bring some semblance of justice and accountability to the people left behind by the victim’s death. Besides that, the money claimed can help the family of the deceased pay the medical and funeral bills, as well as keep themselves afloat through the tragedy.
An experienced wrongful death attorney can assist in recovering compensation in your wrongful death claim.
- Medical Bills
- Funeral and Burial Expenses
- Lost Earnings; Loss of Support and Services
- Loss of Net Accumulations (Future Income)
- Pain and Suffering
- Loss of Companionship, Protection, Guidance, and Instruction
The medical bills for surgery and life-support are substantial as the doctors try to save the life of the person. If, despite everything, the individual passes away, the family still has to clear the medical expenses. The compensation can be used to pay off the hospital bills and other medical expenses.
The deceased’s family has to prepare for the funeral ceremony and arrange the burial of the deceased. They can use the monetary damages to pay for these expenses.
The people and the dependants the victim leaves behind can also claim financial benefits for the loss of financial support and services.
If the family loses their primary earner, they can file a claim for any potential income that the deceased may have earned had they not suffered an untimely demise.
While no amount of money can alleviate the pain of losing a loved one, the money attempts to compensate grieving family members for the pain and suffering that they are facing.
Again, the price of relationships can’t be quantified, but your wrongful death attorney can also claim compensation for the loss of companionship, protection, and guidance.
Frankl Kominsky’s wrongful death lawyers will investigate the details of the case and strive to negotiate on your behalf to obtain compensation that is fair and acceptable. If you are someone who has been injured in a car accident, medical malpractice, slip and fall or have lost a dear family member to an accident at work, contact us for a free consultation and let us handle it from there. Our knowledgeable lawyers will represent you in court and strive to pursue the compensation you deserve.
With over 40 years of combined experience under their belt and almost 7,000 individuals represented, Frankl Kominsky Injury Lawyers has helped clients recover monetary benefits to make up for the damage and trauma, financial and otherwise, that they faced in the aftermath of a loved one’s death.
We understand the sensitivity of such tragic cases, and our attorneys are compassionate and considerate while dealing with grieving family members. You can rest assured that our lawyers are dedicated to getting you the justice that you deserve.Free Consultation with Our Injury Lawyers
At Frankl Kominsky, your initial consultation is absolutely free. Other reasons to choose our services include:
- Stay Informed with Fast Responses – Including Routine Calls and Emails
- No Fee Unless We Recover
- Over $100 Million in Injury & Accident Settlements
- Over 40 Years of Combined Legal Experience
- Over 600 (Verified) Positive Client Reviews
Turn to Frankl Kominsky for comprehensive legal guidance. Call 954-627-1661 or use our Contact Form to set up a free consultation.