Wrongful Death Lawyers Serving Belle Glade

If you're from Belle Glade, you should care about wrongful death claims because they can provide closure and financial security for families dealing with losing a loved one. A wrongful death claim can help bring a sense of justice for a deceased family member. It can also provide closure to grieving families struggling to move forward after the loss.

In wrongful death cases, financial compensation often comes with a successful suit or settlement. This money can cover funeral costs or other expenses associated with the loved one's passing, such as lost wages and medical bills. It may also provide some financial security for surviving family members.

If someone you love has died wrongfully in Belle Glade, it's important to understand your rights and options when filing a wrongful death claim.

What Constitutes Wrongful Death in Florida?

When it comes to wrongful death claims in Florida, it's important to understand what constitutes a wrongful death to file a successful claim. Put simply, a "wrongful death" is when someone dies due to another person's negligence or wrongdoing. This could include medical malpractice, manslaughter, or even chemical exposure.

In Florida, wrongful death claims must be made within two years of the person's passing—unless the estate was not opened during this period. In that case, the claim must be made within two years of the estate's opening.

Additionally, claims must be brought by an "estate representative" appointed by the court or authorized by the decedent's will. Lastly, for a claim to be successful, it must include evidence that proves that the decedent passed away as a result of someone else's negligence or wrongdoing.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, wrongful death claims can be filed by certain classes of people. Generally, these claims are filed by the personal representative of the deceased person's estate on behalf of the deceased's survivors. If a personal representative has not yet been appointed, then a family member may step forward to take on this role and proceed with filing the claim.

The people eligible to benefit from a wrongful death settlement depend on the survivor status of certain close relatives under Florida law. Among those who can benefit from a wrongful death settlement are surviving:

  • Spouse
  • Children
  • Parents
  • Grandparents
  • Putative Spouse (if marriage was not finalized at the time of death)
  • Blood relative or adoptive sibling who was dependent upon the deceased for at least 50% of their financial support when the wrongful death occurred.

It is important to note that any settlement money must be divided among eligible survivors according to Florida law, regardless of whether this division is specified in any pre-existing agreement.

Can a Wrongful Death Case Be Settled Outside of Court in Florida?

Have you ever wondered if settling a wrongful death case outside of court in Florida is possible? Well, the simple answer is yes! A settlement or out-of-court resolution for a wrongful death claim may be an option for families who don't want to go through a trial's stressful, drawn-out process.

Settlements can help families move forward with their lives more quickly and provide them with much-needed financial relief if the at-fault party agrees to pay financial damages and other costs associated with the wrongful death claim.

Here are some key points about settlements for wrongful death cases in Florida:

  • Settlements are typically less expensive and less time-consuming than going to trial.
  • In Florida, most wrongful death claims must be settled within two years of the date of the incident.
  • The deceased's family must prove that the at-fault party acted negligently or intentionally so they can be held financially liable for damages associated with the case.
  • If there is an agreement between both parties, a settlement amount is often determined before any paperwork is signed to make sure all involved parties are in agreement on financial matters before any money changes hands.
  • Insurers often prefer settlements over trial because they can avoid costly legal fees and time-consuming court hearings by negotiating an out-of-court resolution that both parties agree on.
  • A lawyer may be able to help family members secure favorable terms during negotiations with insurance companies or other responsible parties so that everyone gets a fair deal.
What Is the Process for Filing a Wrongful Death Claim in Florida?

Filing a wrongful death claim in Florida is slightly different than in other states, thanks to its unique laws that govern such cases. Here are the steps you need to take if you're considering filing a wrongful death claim in the Sunshine State:

  • File a petition with the court.
  • Serve a notice of intent to file a wrongful death suit on all defendants.
  • Notify other parties interested in the case (spouse, children, parents, siblings, etc.).
  • Retain an experienced attorney and provide them with relevant information regarding your case, including evidence and documentation related to your deceased loved one.
  • Determine who will be appointed as the personal representative of the estate of your deceased loved one.
  • File claims for damages through the personal representative's name and pursue financial compensation for medical bills, funeral costs, lost wages, and more.
  • Attend pretrial hearings and mediation if needed.

Filing a wrongful death claim can seem daunting, but with an experienced attorney on your side, it can become much easier. An attorney can guide you through each process step and provide advice to protect your rights.

Can a Wrongful Death Case Be Filed Against a Healthcare Professional in Florida?

Yes, a wrongful death case can be filed against a healthcare professional in Florida. A wrongful death claim can be made anytime the negligent or intentional acts of another leads to the death of a person. This includes instances where a healthcare provider makes an error that results in the death of a patient.

When filing such a case, the surviving family members and / or dependents must prove that the medical care provided to the deceased was not up to accepted standards and resulted in their wrongful death.

The standard of care is obtained from "similarly qualified professionals" within the same field, so selecting an attorney familiar with medical malpractice law and wrongful death claims in Florida for this type of case is important.

To receive compensation for your loved one's wrongful death case, you must prove that:

  • The healthcare provider was negligent in providing care to your loved one
  • That negligence directly caused or substantially contributed to the decedent's death
  • You suffered losses due to your loved one's death, such as lost wages, funeral & burial costs, etc.
Can a Wrongful Death Case Be Filed Against a Hospital in Florida?

It's natural to wonder if a wrongful death case can be filed against a hospital in the state of Florida. The answer to this question is not straightforward, but it's important to understand that filing such a case is possible for some individuals and families.

What does Florida law say?

The laws of the state of Florida are very specific when it comes to wrongful death cases against hospitals. In general, the law states that for a hospital to be found liable, it must have been negligent or have acted wrongfully in the care or treatment of the patient leading to their death.

Factors To Consider

To determine if someone has grounds for a wrongful death case against a hospital, there are several factors that must be considered:

  • Was there medical malpractice? This includes any type of negligent treatment or failure to provide proper medical care that could've resulted in the patient's death.
  • Was the patient given proper advice regarding their medical condition or health risks associated with certain treatments?
  • Did the hospital fail to diagnose an illness or injury correctly?
  • Were there any errors made during surgery?
  • Did the hospital fail to adequately monitor and treat the patient after their release from hospital care?

By carefully considering these elements, you can make an informed decision about whether pursuing legal action against a hospital is right for your situation should you ever find yourself in this unfortunate position.

Can a Wrongful Death Case Be Filed Against a Government Agency in Florida?

You may have heard that it is difficult to file a wrongful death case against a government agency in Florida, but the reality is that it is still possible. The statutes and laws governing wrongful death claims in Florida are specific about how and when such a claim can be filed.

Before you file a wrongful death claim against a government agency in Florida, there are certain steps you'll need to take. Here's an overview of what you need to know:

  • Notify the proper state agency. You must provide written notification of your intention to pursue your case against the responsible government entity within three years of the wrongful death event occurring.
  • Submit proper documentation. You must also submit sworn documents indicating all facts and evidence related to your case and other information about the fatality.
  • Prepare to negotiate or go to trial. Negotiations between you and the applicable government agency may be necessary before trial, depending on each party's wishes and strategies.

Remember that filing a wrongful death suit against any entity can be complicated, but Florida's laws provide some protection—especially when seeking compensation from government agencies for wrongful deaths resulting from their negligence or carelessness.

Can a Wrongful Death Case Be Filed Against a Corporation In Florida?

If you're asking if a wrongful death case can be filed against a corporation in Florida, the answer is yes! Companies and corporations must comply with the same laws as any individual. A lawsuit can be filed if a corporation was negligent or careless and their negligence resulted in the death of an individual.

Additionally, there are some unique factors when it comes to filing a wrongful death case against a corporation in Florida. Here's what you need to know:

  • The Statute of Limitations: In Florida, the statute of limitations for wrongful death cases is two years from the date of death or four years if there was no estate set up for the victim. It's important to note that this clock starts ticking on the date of death, so you don't want to wait too long before taking action.
  • Who Can File: Generally, it's up to the personal representative of an estate established for the victim or victims (in cases where more than one person died) to file a wrongful death claim. The court in your county may appoint this representative, or they could be named as such in their will or trust.
  • Damages: There are many damages available in wrongful death cases in Florida, including medical expenses related to the victim's illness or injury before passing away, burial costs, and loss of companionship and/or earning capacity for surviving family members of those who passed away. In certain circumstances, punitive damages may also be sought against the defendant corporation involved to deter similar future behavior.
Can a Wrongful Death Case Be Filed If The Victim Was Partially At Fault For Their Death?

You may be wondering whether wrongful death claims can be made if the person who died was partially at fault for their death. The answer is yes, but the amount of compensation awarded may be reduced if it is found that the victim had some responsibility for their death.

Florida has a law known as the "comparative fault" law, which states that if someone is found to be partially at fault for their death, then any damages or compensation awarded to their surviving family members may be reduced due to the deceased's degree of liability.

For example, if a pedestrian was crossing a road while texting on the phone and was struck by a car and killed, they would be partly responsible for their death since they weren't paying attention. In such cases, the amount of compensation would likely be reduced to account for the pedestrian's negligence.

This law also applies in cases where both parties are partially to blame, such as an accident caused by an intoxicated driver and another driver driving too fast. In this case, both parties would likely have some liability assigned to them, and any damages or compensation awarded would then be reduced accordingly.

It's important to remember that wrongful death claims can still be made even if there is evidence that the deceased person was partially at fault for their death. However, it's important to get legal help when filing such claims, as compensation awards can vary widely depending on the degree of liability assigned to each party involved in an accident or incident leading up to a person's death.

Can a Wrongful Death Case Be Filed If the Victim Had a Pre-Existing Condition?

You may be wondering if a wrongful death case can be filed if the victim had a pre-existing condition. The answer is yes, it's possible under certain circumstances.

A wrongful death case still applies even if the victim had a pre-existing medical condition. If the victim's death was due to a physician's or other person's negligence or misconduct, wrongful death claims can still be made.

Establishing Negligence in Pre-Existing Condition Cases

It's up to the plaintiff (the deceased's family) to prove that, had this individual not been harmed as they were, they would have survived with their pre-existing condition. This means that the circumstances of the injury must be shown to have made a difference between life and death.

The main thing you must prove is that the actions of another person caused or exacerbated the deceased's injuries and ultimately led to their death. The defendant (the person at fault for causing the injury) must have done something wrong—and something more than simply failing to provide medical care for an already existing medical condition—for a wrongful death claim to succeed.

Contact Frankl Kominsky Wrongful Death Lawyers Serving Belle Glade

If you've experienced the heartbreaking loss of a loved one due to someone else's negligence or reckless behavior, you may have grounds for a wrongful death claim in Florida. If you have questions about wrongful death claims or need help getting justice and compensation for your family, us immediately. We understand how devastating these cases can be, which is why we're committed to getting you the justice you deserve.

At Frankl Kominsky, we specialize in providing our clients with top-notch legal representation and compassionate support. Our wrongful death lawyers are highly experienced in all areas of wrongful death law in Florida and will provide the guidance and support needed to ensure your case is handled properly.

We understand that no amount of money can bring back a loved one lost to wrongful death, but we will do everything we can to ensure your family receives justice and compensation for their loss. We have successfully helped countless families resolve their cases and are here for you.

Call us today at (561) 800-8000 to begin your journey toward getting justice. We are here for you 24/7 and will fight tirelessly on your behalf.

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