Wrongful Death Lawyer Serving Hollywood
The bustling city of Hollywood is a popular tourist destination and an equally attractive destination for people looking to settle. With a diverse community living in the city and the scenic Hollywood Beach dotting its outskirts, Hollywood, FL, has something to offer to all its one hundred and fifty thousand residents.
Every year, Hollywood hospitals like Memorial Regional Hospital and Kindred Hospital witness people losing their lives due to car and auto-related accidents, medical malpractice, unsafe working conditions, or slip and fall accidents. In fact, in Florida, Broward County has a significantly higher percentage of accidental deaths and wrongful death claims than the rest of the counties.
While no amount of money can compensate for the loss of human life, financial compensation can bring some sense of justice and help ease the financial burden that the dependants of the deceased may have to bear. We understand that the aftermath of losing a loved one can be emotionally traumatic for the surviving family and friends, but filing a wrongful death claim may be necessary to bring the responsible parties to justice.
The attorneys at Frankl Kominsky are experienced wrongful death attorneys and are available to evaluate your claim. Our goal is to help protect your rights and pursue full compensation for your loss.Florida Statute of Limitations: How Long do I Have to File a Wrongful Death Claim?
The statute of limitations bars people from bringing up claims from the past. It basically sets a time limit for someone to file a lawsuit for wrongful death. If the time limit is exceeded, the lawsuit will most likely be dismissed. While the Statute of Limitations varies from state-to-state, in Florida, in the case of a loved one passing away due to the negligence of another, you must file a lawsuit within two years from the time of their death. You should contact a wrongful death lawyer to ascertain the specifics of your case.
The following resource elaborates more on the statute of limitations for filing a wrongful death claim in the state of Florida.
Thus, it is advised that you enlist the services of a qualified injury attorney who has experience with accidental death claims and can make a claim on your behalf while you recover from the loss of a loved one. Frankl Kominsky has a team of seasoned injury attorneys who are available to pursue your wrongful death claim and can help you get compensated for your losses.Types of Wrongful Death Claims in Broward County
There are various situations where a close friend or family member can file for wrongful death claims. The most notable causes of fatalities, resulting in wrongful death claims include:
- Car or Auto Accidents
Car or auto accidents are the most common causes of wrongful deaths, and so the most lawsuits are filed due to this reason. Road accidents happen due to a number of reasons; drunk driving, driving under the influence, inattentiveness while in the car, or even technical malfunctions in the car itself. A significant percentage of all road accidents are fatal. The victim can be someone driving another vehicle on the road or a pedestrian crossing the street.
- Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers
Heavy vehicles like trucks and trailers have a high chance of fatality if they collide with other vehicles or pedestrians on the road. The chances of surviving a car crash are higher with a smaller vehicle, but with huge vehicles like these colliding, turning over, or exploding, the chances of people dying is extremely high.
- Motorcycle, Bike and Pedestrian Accidents
Bike and pedestrian accidents can also result in death. Pedestrians waiting by the roadside or crossing the street can be hit by speeding motorcycles and bikes, which can lead to the deaths of pedestrians.
- Workplace Deaths
Sometimes, people pass away while working in their occupational capacity, due to unsafe working conditions, or lack of safety equipment. Workplace deaths include getting buried under debris at a construction site, being hit by a vehicle backing out of a warehouse, or falling from a high altitude while doing maintenance work on a building.
- Slip, Trip and Fall Accidents Resulting in Death
People slip and fall all the time, and so it's no wonder that this is one of the major causes of accidental deaths. Accidental slipping/tripping while working at heights, standing on ladders, or while balanced carefully on a ledge can often be fatal if the person falls from a great enough height, or lands at the wrong angle. Accidents like falling into potholes, construction sites, or elevators are also common.
- Defective Products
A manufacturer's recklessness and inability to comply with the quality standards of their industry can, in extreme cases, cause someone's death. Instances of toxic substances used in children's toys, expired medication, and safety harnesses not being strong enough can lead to the unnecessary deaths of end consumers of the defective, low-quality products.
- Medical Malpractice
Medical malpractice cases are when doctors and health practitioners' negligence cause someone's death, and it is more common than think. Whether it is through human error or failure to follow proper medical procedures, cases of medical malpractice are widespread.
The right bring a claim for wrongful death remains with the immediate living family members of a deceased person.
In Florida, the personal representative of the deceased person's estate is eligible to file the wrongful death claim. The personal representative is someone that may be named in the deceased person's will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.
Although the wrongful death claim is filed by the personal representative, it is filed on behalf of the deceased person's estate and any surviving family members. In the wrongful death claim, the personal representative must list every survivor who has an interest in the case.
- Spouse: If the deceased has a living spouse, then the widow or widower can file for a wrongful death lawsuit.
- Parents: Parents can also file for a lawsuit in the case of the wrongful death of their child, whether minor or adult.
- Children: Adult children of the deceased can also bring a lawsuit against the liable party for the wrongful death of either of their parents.
- All family members: If there is no immediate family member who can file a wrongful death claim, then other distant relatives can file for the claim, such as the grandparents.
In most cases, the compensation goes to -
- In the case of married people, the first right to compensation is that of the surviving spouse and the children of the deceased.
- If the deceased was unmarried, the compensation goes to the person's parents.
- Children, adults or minors are always entitled to receive compensation for a parent's death.
While monetary compensation might not be enough to soothe a grieving heart of a close family member of the deceased, the money might be necessary to some who had been financially dependent on the deceased for their income. It helps to keep the deceased's family afloat through the tragedy.
An experienced wrongful death lawyer can try to help you recover financial benefits for the following damages in the period after the death.
- Medical Bills
There could be heavy medical fees to pay off when a person passes away after fighting for his or her life in the hospital for a while. The money awarded from the lawsuit can help the family pay off the medical bills and hospital expenses.
- Funeral and Burial Expenses
In case of immediate or sudden death, people have to arrange for funeral and burial ceremonies for the deceased in a very limited time. The recovered amount can also contribute towards the funeral costs.
- Lost Earnings, Loss of Support, and Loss of Services
If the deceased was the major breadwinner of the family, then their death might leave the family or dependants without any financial anchorage. The damages recovered can help to keep them afloat after the loss of their financial support.
- Loss of Net Accumulations (Future Income)
The recovered amount is also intended to serve as a cushion and provide financial safety for the loss of any potential future income that the family could have gotten through the deceased in the future.
- Pain and Suffering
While you can't put a number to the grief that you feel after the passing of a loved one, the damages attempt to compensate you for the pain and distress that you went through as a result.
- Loss of Companionship, Protection, Guidance, and Instruction
The surviving family members, like a spouse, parents, guardians, or siblings, can also seek compensation for the loss of companionship, guidance, and protection of the departed person.
Quantifying the value of a single human life is not only unthinkable, but it is also impossible. Thus, calculating just how much should be recovered in compensatory damages in the case of a person losing their life due to recklessness, negligence, and ignorance of another person becomes a sensitive and complicated task. In such matters, the person filing a wrongful death claim should take an attorney's assistance in analyzing the specific circumstances of the death and reclaiming substantial compensation. Frankl Kominsky has experienced wrongful death attorneys that can try to help make the process easier for you while you recover emotionally.
Several factors come into play while deciding and calculating the worth of a wrongful death claim. These include:
- An evaluation of the loss of support and services
- The survivor's relationship with the victim
- How much of the income of the victim can be distributed to the survivor
- The replacement value of the victim's services to the survivor, such as that of a family earner
Other additional factors that are considered during the calculation of a wrongful death claim can also include
- household chores that the survivor will now have to pay to have done
- The emotional trauma and mental distress of close relatives of the victims, such as a spouse or parents, will also ideally be taken into account.
- The life expectancy of the survivors and the victim are also important factors; a 25-year-old's death might carry a heavier fine than a 65-year-old's.
- If the victim has young children, they will also be compensated for the loss of parental guidance from their lives and will be awarded a certain amount for the agony and misery of dealing with a parent's death. In the case of the victim having no children or spouse, each parent of the victim gets compensated for the same.
- The funeral burial expenses are also included when calculating the worth of the claim.
Personal injury claims are handled by personal injury lawyers who strive to get you compensated for any injury you sustain as a result of another person's irresponsible, negligent and reckless actions. A personal injury claim can be brought against anyone who caused you to suffer a personal bodily injury, such as injuries to the neck and back, broken bones, loss of limbs, neurological damage, burns, or wounds. The personal injury claim can help you receive compensation for damages like disability, pain and suffering, bodily harm, and also for the medical bills (past and future treatment) that you will have to pay. Along with this, you may also be compensated for lost wages if you have to miss work due to your injury.
Personal injury claims are filed in cases such as a car accident where you're left with grave wounds, workplace injuries, dog bites, medical malpractice that results in infections and other complications, assault and battery, and even injury to one's reputation! Personal injury lawyers usually seek compensatory damages for the injury caused by the responsible party, and they also take into account the mental or emotional cost of the injury.
In extreme cases, a personal injury might result in death. Such situations are far more complicated and call for the filing of a wrongful death claim, where the person or entity that is responsible for the death of a person is held liable in a court of law and made to pay compensatory damages. This is done in an attempt to recompense the family or close ones of the deceased for the emotional trauma, financial expense of the burial and funeral formalities, as well as the loss of potential future earnings of the deceased and the number of years that were possibly taken away from their average life expectancy.
Wrongful death incidents include car accidents where the driver was under the influence, medical malpractice leading to death, or the consumption or usage of an unsafe product that caused the death of a person.What Will Frankl Kominsky Do for Me?
At Frankl Kominsky, our wrongful death lawyers have over 40 years of experience, and in that time, they have managed to successfully serve 7,000 clients. They have helped them recover monetary benefits to make up for the damage and trauma, financial and otherwise that they faced after the ordeal of a loved one's death. They will investigate the details of the case and try to negotiate with the responsible party to agree on a settlement amount that is fair and just.
If you are someone who has lost a dear family member to an accident, contact us for a free consultation and let us handle it from there. We will represent you and assist you in pursuing your due rights and compensation for your damages.
We understand the sensitivity of such tragic cases, and our attorneys are compassionate and considerate while dealing with grieving family members. Our lawyers are dedicated to getting you the justice that you deserve.
Frankl Kominsky offers a free consultation or free case reviews, so if you are living in Florida, and are looking for a wrongful death lawyer, reach out to Frankl Kominsky for any questions, appointments or case evaluations by filling out the free case evaluation form or simply call their office at 954-627-1661.