Wrongful Death Lawyer Serving Parkland
While Parkland, Florida, situated in Broward County, is known for its superb overall weather conditions, scenic atmosphere and popular tourist destinations such as Quiet Waters Park, there is another side to the story. According to the Sun Sentinel, in 2019 there were 256 individuals (including pedestrians) who were killed in traffic accidents throughout Broward County as shown by Florida Highway Patrol logs. Our wrongful death lawyers serve Parkland and are dedicated to assisting those who are seeking compensation in situations involving the death of a loved one.Our lawyers sympathize with your loss at this stressful time
There aren’t many things that we can absolutely count on in our lives. However grim as it may sound our inevitable death is one of them. Throughout our lives, there are a number of unfortunate lessons to be learned. However, dealing with the death of a loved one may bring about emotions that we may never have expected.
While watching a family member grow old and die may bring about a certain amount of mental anguish, there is another, even more tragic, association that we may encounter with a fatality. That occurs when the death of a loved one has come about needlessly through the negligence of someone else.
This situation may amplify the confusion and emotional turmoil that is usually associated with death. There may be a helpless feeling that we just don’t know how to address. Suppose the death occurred due to the actions (or inactions) of someone we are supposed to trust, such as a physician.
In addition, one may now also have a situation in which our finances have been seriously affected. This may be due to lingering medical expenses, funeral and burial costs. The deceased may even have been the primary provider for the family.
We may now be wondering just how we are going to pay for these expenses and get on with our lives. In many cases, situations such as these may benefit from the assistance of a wrongful death lawyer serving Parkland when pursuing a wrongful death claim.Who Can File For A Wrongful Death Claim
The following individuals are eligible to pursue a claim following a Wrongful or Accidental Death
- All other family members
Should you desire to proceed with a lawsuit, there are certain issues that you should be aware of. For example, in order to begin, you need to know who can file a wrongful death lawsuit in Florida. In this situation, the interests of the deceased would need to be represented by an “estate”.
If an individual has made the decision to file a Parkland Wrongful Death lawsuit, there must first be a personal representative. In many cases, the person who is to represent the deceased has already been named in the deceased’s will. If this is not the case, then the personal representative will be appointed by the court. This person is usually the deceased’s spouse, child or parent. The lawsuit is generally filed on behalf of the person’s surviving family members and the estate.
But before making a decision as to who is eligible to benefit from a wrongful death lawsuit, the court will want to be provided with a full list of everyone who might have an interest when it comes to the outcome of the lawsuit. Besides the aforementioned individuals, the list might also include; brothers and sisters who are adopted and those children who were born outside of a marriage.
However, when it comes to those children, some additional rules may apply. For example, if the deceased is the mother of those children, then they are usually automatically eligible. But if the deceased is the father of those children, then usually a formal parental declaration is required. This could possibly link the father to those children who were born outside of a marital relationship.Florida Wrongful Death Statute of Limitations
When it comes to filing a wrongful death claim in Florida and in Parkland, you would have a 2 year time limit from the death of the individual. The details of that time limit can be found here: Florida Statutes section 95.11(4)(d).
There are possible exceptions to this rule, however they are exceedingly rare. In any case, you should contact a wrongful death lawyer serving Parkland, for further guidance.
(Click to See Video) What is the statute of limitations regarding filing a wrongful death claim?What Wrongful Death laws apply to Parkland?
In a situation in which someone has died as a result of the negligent acts 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.What is the Florida Wrongful Death Act?
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:
- 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.
- 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.
- Minor children of the decedent, and all the 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.
- Each parent of a deceased minor child may also recover for the 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.
- Car or Auto Accidents
- Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers
- Motorcycle, Bike and Pedestrian Accidents
- Workplace Deaths
- Slip, Trip and Fall Accidents resulting in death
- Defective Products
- Medical Malpractice
One of the main aspects of a wrongful death claim is the careful calculation of the amount that would be considered acceptable to each of the two parties when it comes to compensation. While, on the surface, it may seem wrong to place a monetary value on a human life, in terms of a Parkland wrongful death lawsuit, this may be the only genuine justice that is possible.
With a fair settlement, there may be a certain amount of mental anguish that is alleviated by not having to worry about problematic finance issues due to the death of a loved one. It may allow you to continue to effectively run your household and possibly assist you in recovering by allowing you to take a break from your employment while you’re still grieving.
By contacting a wrongful death attorney serving Parkland, you may have taken the necessary step that is needed in order to assist you with the details of your claim and possible lawsuit. The dedicated attorneys at Frankl Kominsky are experienced when it comes to handling these types of situations.
Here are some of the factors that may be considered in a wrongful death claim:
- Loss of support and services
- The relationship of the victim’s survivor
- The amount of the victim’s potential net income can be given to a survivor
- The estimated value of the victim’s services, such as being the primary family provider
- How much will the survivor now have to pay in order to hire someone to perform certain household chores
- Loss of consortium (companionship)
- The age of the victim and survivors and the period of minority of any children. For example, a 20 year-old person’s death may be considered to carry a greater penalty than that of a 70 year-old
- Funeral and burial expenses
Of course, each case is unique. This is another reason why speaking to an experienced wrongful death lawyer may be able to provide valuable assistance when determining the financial details of your claimt.Types of Damages That You Can Recover From a Wrongful Death Claim in Florida
- Loss of Net Accumulations (future income)
- Pain and Suffering
- Loss of Companionship, protection, guidance, and instruction
- Funeral and Burial Expenses
- Lost Earnings, Loss of Support and Services
- Medical Bills
A loved one’s fatality can result from a vast number of different sources. These can include; motor vehicle accidents, medical malpractice, fatal slip and fall accidents, defective products and other, unexpected situations. These may occur in Parkland at any given moment in time.
Therefore, if your loved one has encountered a fatality due to an automobile crash or another negligent act, it is advised that you seek the advice of a wrongful death attorney.Benefits of Hiring A Wrongful Death Attorney
At Frankl Kominsky, we offer our clients conscientious legal representation along with excellent client support.
- Stay Informed with Fast Responses – Including Routine Calls and Emails
- No Fee Unless We Win
- Over $100 Million in Injury & Accident Settlements
- Over 40 Years of Combined Legal Experience
- Over 600 (Verified) Positive Client Reviews
Therefore, if a loved one’s death has occurred as a result of a negligent action, contact a wrongful death attorney serving Parkland Florida today!Start Your Free Consultation Today
Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.