Wrongful Death Lawyer Serving Okeechobee

Wrongful death claim after a car accidentIf you are a fan of local events, you might have heard of or traveled to the small city of Okeechobee to attend the Speckled Perch Festival, which is held in March every year. People visit from all over Florida and the US to attend the fun, colorful event that kicks off with a Parade and lasts the entire weekend. There are fun games, tourist tours, and lots of seafood for those visiting from the inland sea and Lake Okeechobee.

Okeechobee might be a small, rural town, but it is the county seat for Okeechobee County. It enjoys a geographical location that makes it the gateway to the entirety of southern Florida. Needless to say, there is considerable commercial activity all year round, but during the peak seasons, the tourists swarm to enjoy the quiet stillness of Lake Okeechobee or to visit the historic site of the Battle of Lake Okeechobee, which occurred during the Second Seminole War.

Though the population of the small town itself is very low, business activity and tourism ensure the hustle and bustle almost the entire year. Thus, unavoidably, many accidents and unfortunate incidents also occur around the region, many of which become fatal.

If your loved one suffered a fatality due to the negligent and wrongful acts of another, you may be eligible to pursue a wrongful death claim. The attorneys at Frankl Kominsky Injury Lawyers are available to evaluate your case and guide you as to your legal options.

Causes of Wrongful Death Claims in Okeechobee 1. Automobile Accidents

Car accidents are the most common of all road accidents. With the number of cars traveling in and around Okeechobee increasing, so do the frequencies of car crashes. While most aren't fatal, some can be. Car accidents occur for a variety of reasons including: failure to yield the right of way, disregarding traffic signals, driving while under the influence, driving while distracted (texting) or speeding. A moment of carelessness can result in someone's lifelong injury or worse, death.

2. Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers

Okeechobee, being the gateway to Florida, is regularly subjected to the inflow of large commercial and work trucks, coming into the state. Crashes with these big rigs can cause severe injuries or fatalities.

3. Motorcycle, Bike and Pedestrian Accidents

Motorcycles can whiz through tight spots and go faster than many vehicles because of their lightweight make and design. However, this is exactly what becomes the reason for collisions. Motorcyclists in their attempts to get past other vehicles and speed through the way hit other unsuspecting drivers who could not have possibly spotted the small vehicle in time.

4. Negligent Security

Often the news shows us cases of people killed due to the lack of basic security measures. This includes assaults in a poorly lit parking lot, shooting at a hotel or store. Managers and security companies who oversee a location have a responsibility to provide safe and secure premises.

5. Premises Liability

Premises liability holds the owner or management responsible for the death of a person through any hazards or unsafe conditions on the property that the owner knew about or should have known and have taken measures to fix, or warn. These include bad electrical wiring that could give deadly electric shocks, a faulty elevator that fell, gas leaks leading to an explosion, or a weakened roof that is in the danger of falling. Many people die unnecessary deaths every year all across Florida because of circumstances that could have been avoided had the owners/managers upheld their duty of care.

6. Workplace Deaths

Anybody who dies an accidental death at work qualifies as a workplace casualty. Workplace casualties occur due to a number of reasons, including unsafe working environment, lack of protective gear for the employees, machinery accidents, and recklessness of fellow employees. Sometimes the cause of a workplace death is the victim's own fault by not observing standard security guidelines or procedures. Regardless of the cause, the employer may be responsible and liable for any workplace death that occurs.

7. Slip, Trip and Fall Accidents

It doesn't seem very dangerous, but slips and trips claim thousands of lives around the globe. A simple step back, or a twisting of the foot, could make you fall to your death. Slip and fall accidents can occur anywhere, in workplaces, grocery stores, shopping malls, parking lots or in public places. If the slip and fall occurred due to a hazard that the property's owner or management knew about and failed to correct, and caused the fatality of a loved one, you may be able to pursue legal action against that person or business. 

8. Defective Products

Faulty or defective products can cause grave accidents that often result in death, be it from a broken ladder causing a fall, a faulty car part leading to an accident, or malfunctioning machinery at work. If the cause of the death is found to be the defect in a product the victim was using, the manufacturer of the product may be held liable.

9. Medical Malpractice

Medical malpractice claims may be brought against medical providers including doctors, surgeons, nurses or hospitals who: Fail to properly diagnose a medical condition or fail to follow professionally accepted standard procedures. They may prescribe the wrong medication, fail to consider drug interactions or make surgical mistakes.

Who can file a wrongful death claim in Florida

If your loved one passed away due to any of the reasons stated above, or due to the negligence or carelessness of another, you might have suddenly found yourself in completely unprecedented territory. The laws of Florida try to make up for and protect all those affected by the wrongful death of a loved one. A lawsuit may help give the family some sense of justice, and give the spouse, parent, child, or a close family member, some financial security.

In Florida, The Wrongful Death Act states that the personal representative of the deceased person's estate is eligible to file a 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.

Each of these holds the right to pursue a wrongful death claim in Florida:

  • Spouse: If the deceased was married, then the spouse is one of the primary relatives eligible to bring a wrongful death claim and receive damages for a variety of losses such as the loss of companionship, financial assistance, help in house chores, and pain and anguish.
  • Parents: Of course, the parents of the deceased are also one of the primary relations that can bring claims and are beneficiaries of the damages from the claim. Whether the deceased was an adult or minor, the parents have the right to file for losses such as loss of financial or physical assistance, and pain and suffering that the death caused.
  • Children: The loss of a parent makes the adult child of the deceased eligible to file a lawsuit. They can cite and receive damages for losses such as loss of parental guidance, financial assistance, and parental love and care.
  • Other family members and Dependents: In case no close family member exists to bring a claim, far-off relatives such as grandparents, aunts, and uncles, and even financial wards with no blood relation to the deceased can come forward with a wrongful death lawsuit and stand to benefit from the damages.

Let Frankl Kominsky Injury Lawyers evaluate your wrongful death claim. We will assist you with any questions you may have and offer guidance as to your legal options.

After a Wrongful Death: Damages You Can Pursue

The monetary damages that you may be able recuperate in a wrongful death case are very carefully and meticulously calculated. Our wrongful death attorneys will help you calculate your damages which will depend on several different factors as follows:

Funeral and Burial Expenses

The damages that are covered must be enough to cover all funeral and burial related costs for the family of the deceased.

Pain and Suffering

The pain, anguish, and suffering of the family of the deceased may be overwhelming and yet impossible to measure and compensate for. No amount of money could make up for the loss they are suffering, and the mental toll it is taking on them. Though intangible, the courts do try to make up for the family's emotional sorrow, by compensating some amount for it.

Lost Earnings, Loss of Support and Services, Loss of Net Accumulations

With the death of a family member, any financial contribution from the person stops too. The family may have depended on the deceased as the breadwinner, and the sudden death may leave them vulnerable to financial troubles. The at-fault party may be held liable to pay for compensatory damages enough to cover the family financially for a while. More so, the family can even claim to be compensated for the future earnings that the deceased would have brought in, and which are taken away from them now.

Loss of Consortium

People eligible to file a wrongful death lawsuit have all lost someone close and precious to them. While the courts can't ascertain and understand the depth of their loss, they try to financially compensate for the fact that you lost the company of a loving spouse, a supportive parent, a lively child. 

Computing Wrongful Death Claims Worth

There are so many factors that go into computing the worth of your claims. Your wrongful death lawyer will help estimate these losses and pursue compensation from the at-fault party.

  • The loss of help and services, financial, physical, emotional, or financial, that the deceased was performing.
  • The relationship of the departed to the survivor
  • The amount of salary or wages that was standard when the deceased had been alive and how it helped bolster the surviving spouse, parents, or kids.
  • An estimate of the replacement costs of things and services that the deceased used to perform, and now would need to be performed by hired help
  • Medical and funeral administration costs of the deceased.

The age and potential lifespan of the deceased will be taken into account when deciding on an amount. If the deceased had children, their ages will also be considered.

The surviving family member's loss of companionship and consortium, as well as mental anguish, is considered and assigned a number to be included in the calculations.

The deceased's children, if any, are compensated well for their loss of a parental figure, physical, financial, and mental services that the parent provided and the love and care the children received from them.

Likewise, each parent of the deceased is also compensated for the anguish that the death of a child brings and any services that the child was performing for them. The age of the parents and the deceased will be factored in.

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

According to the Statute of Limitations in Florida, you have two years from the date of death to file a wrongful death lawsuit against the at-fault party. If you fail to do so, the court will likely dismiss your lawsuit.

Find out more about the statute of limitations for wrongful death lawsuits in Okeechobee, Florida, and why it is essential to file the lawsuit before the SOL expires.

What Clients Are Saying
Benefits of Hiring Frankl Kominsky Injury Lawyers

Our experienced lawyers have over 40 years of combined legal experience and recovered more than $100 million in verdicts and settlements. We have assisted more than 8,000 valued clients throughout the State of Florida.

The legal team at Frankl Kominsky Injury Lawyers will investigate the details of the case and negotiate with the defendants and their insurance company to agree on a settlement amount that is fair and acceptable to both parties. If we are unable to settle your claim, we will file your lawsuit and continue with litigation. If you have lost someone you love due to the negligence of another, contact us for a free consultation and let us handle it from there. Our knowledgeable lawyers will represent you in court and fight to get you fair and just compensation.

At Frankl Kominsky, we provide diligent legal representation and phenomenal case management along with superior client services. As our client, you will have an entire team of seasoned injury professionals on your side. 

Call 863-800-8000 to get in touch with wrongful death lawyers serving Okeechobee and start your free consultation today!

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