Wrongful Death Lawyers Serving Daytona Beach

No one ever expects to lose a loved one due to negligence or wrongdoing, yet unfortunately, it happens all too often. If you have recently experienced the wrongful death of a family member, you may be feeling lost and overwhelmed.

At Frankl Kominsky Injury Lawyers, our lawyers serving Daytona Beach in wrongful death cases understand the pain and suffering you are going through, and we are here to help. Wrongful death claims allow families to seek financial restitution from the party responsible for the death.

A wrongful death claim seeks to hold the responsible party accountable for their actions and to provide financial support for surviving family members. By filing a wrongful death claim, you may be able to receive compensation to cover medical bills, funeral expenses, lost wages, loss of companionship, and pain and suffering.

Knowing your rights and being aware of the legal process when seeking justice for your loved one is essential. Understanding wrongful death claims in Florida can help ensure that you can access the financial and emotional support you need during this difficult time.

Can I File a Claim if I am Not Related to The Victim?

Under Florida law, the right to file a wrongful death claim belongs to the victim's personal representative. The personal representative may be the decedent's surviving spouse, adult children, or parents.

However, even if you are not related to the victim, you may still be eligible to file a wrongful death claim. Under certain circumstances, a close relative of the deceased, such as a sibling or other family member, or someone who was financially dependent on the deceased person, can bring a wrongful death claim in Florida.

If you are not related to the victim but believe that you are interested in pursuing a wrongful death claim, you should speak with an experienced wrongful death attorney. An attorney can help you understand your legal rights and determine whether you are eligible to file a wrongful death claim.

It is important to note that wrongful death claims must be filed within two years of the date of the victim's death, so it is important to consult with an attorney as soon as possible.

Do I Need an Attorney?

When it comes to filing a wrongful death claim, the answer is yes, an attorney can help you navigate the legal process surrounding these types of cases. You will need an attorney experienced in wrongful death claims and personal injury law. An experienced attorney will help you with all aspects of your claim, from filing to negotiating a settlement or going to trial.

Your attorney will guide you through the process of seeking compensation for your loss and ensuring that your rights are protected. They will help you gather the necessary documents and evidence, file paperwork, communicate with insurance companies and other involved parties, and advise you on potential courses of action. They will work with you to identify all responsible parties and determine the compensation you should receive.

In addition, an experienced attorney will provide you with invaluable support during what is likely to be an incredibly difficult time. Your lawyer can offer advice and help you navigate the legal process so that you can focus on healing and moving forward.

If you have lost a loved one due to another party's negligence, it is important to hire an experienced wrongful death attorney as soon as possible to protect your rights.

What if the at-fault Party is Unknown?

If the at-fault party is unknown or cannot be identified, the wrongful death claim may be brought against a John Doe defendant. A John Doe is a fictitious name used to represent an unknown party in legal proceedings.

To pursue a claim against a John Doe, the family of the deceased must have evidence that suggests a potential defendant might have been responsible for the wrongful death.

In cases involving an unknown party, the family must file a motion to establish John Doe as a defendant. The motion should include the facts that support the suspicion that an unknown party was responsible for the wrongful death. If the court approves the motion, the case can proceed as if a named defendant had been charged.

It is important to note that many courts require additional evidence beyond what was provided in the motion before allowing a lawsuit against an unidentified party to proceed. Additionally, a defendant can emerge and be held liable at any point during the litigation process, including after judgment has been entered. In this instance, the judgment would apply to the newly-identified party instead of John Doe.

Filing a wrongful death claim against an unknown party can be complex and require extensive legal knowledge. To ensure you are taking all the necessary steps to seek justice for your loved one, consider consulting with an experienced wrongful death attorney who can advise you on how best to proceed.

What Factors Can Hinder Me from Filing a Wrongful Death Claim?

When filing a wrongful death claim in Florida, there are several factors that can hinder you from getting the compensation you deserve.

Firstly, a lack of evidence or proof of negligence or fault on the other party's part can make it difficult to win a wrongful death case. To prove negligence or fault, your lawyer must show that the defendant had a duty of care to the deceased and that they breached that duty by failing to act with reasonable care.

Secondly, wrongful death claims can be complicated and lengthy. It is important to understand the process before making a claim and to be prepared for the possibility of a lengthy legal battle. Your lawyer will be able to help you navigate the process and make sure you understand each step involved.

Thirdly, certain state laws can restrict a claimant's ability to pursue a wrongful death claim. For example, there are specific deadlines for filing a wrongful death claim in Florida. If you fail to file your claim within this period, you may be barred from receiving compensation. Additionally, some laws limit the amount of damages that can be awarded for wrongful death cases.

Finally, an experienced wrongful death lawyer can help you navigate any legal hurdles you may face during your claim. A knowledgeable lawyer can help you build a strong case and ensure you receive the maximum compensation possible.

How do I Prove Another Party's Negligence caused the Death?

Proving negligence in a wrongful death case can be a complex process. To prove negligence, you must be able to demonstrate that another person or entity breached a duty of care owed to the deceased and that breach was the cause of the death.

The first step is determining what duty of care was owed to the deceased. A duty of care can be established by proving that the defendant had a duty to exercise reasonable care to ensure the deceased's safety. For example, if a doctor fails to diagnose a condition that leads to a patient's death, then the doctor may be liable for the death due to their breach of the duty to provide medical care.

Once it has been established that a duty of care was owed, you must prove that the defendant breached that duty by failing to act reasonably. This is typically demonstrated through expert testimony and evidence showing how the defendant's actions or inactions were unreasonable and caused the deceased's death.

Finally, it must be demonstrated that the breach of duty of care caused the death. To do this, you will need to show that the death would not have occurred for the defendant's negligence. This can often be difficult to prove, as these cases usually have multiple potential causes of death. In some cases, expert testimony may be required to prove causation.

Proving negligence in a wrongful death claim is not always easy, which is why it is often beneficial to have an experienced attorney on your side. A knowledgeable attorney can help you navigate the legal process and gather the evidence needed to prove negligence in your case.

How Much is My Wrongful Death Claim Worth?

The amount of compensation you can receive for a wrongful death claim in Florida depends on several factors. Some of the most important considerations are the age and earning potential of the deceased, the amount of medical and funeral expenses incurred, any emotional distress experienced by family members, and any pain and suffering experienced by the deceased prior to death.

When evaluating a wrongful death claim, insurance companies may consider factors such as the decedent's salary, lost benefits (including health insurance), lost inheritance, and the costs associated with end-of-life care. Additional damages may include the loss of guidance, care, and companionship experienced by the survivors. The court may also award punitive damages when the responsible party acted intentionally or showed gross negligence.

It's important to remember that no two wrongful death cases are the same. The value of your wrongful death claim is ultimately determined on a case-by-case basis. It is best to consult with an experienced wrongful death attorney who can assess your situation and help you get the maximum compensation available.

The Process of Hiring a Wrongful Death Lawyer in Daytona Beach

The process of hiring a wrongful death lawyer serving Daytona Beach is an important one for the victims and their families. Finding an experienced and compassionate wrongful death lawyer who can provide the legal guidance and assistance you need to win your case is important.

The first step in the process of hiring a wrongful death lawyer serving in Daytona Beach is to research the attorneys in the area who specialize in wrongful death law. You can search online or ask family members and friends for recommendations.

It is also helpful to talk to other victims of wrongful death or their families who have previously used a Daytona Beach wrongful death lawyer. Once you have identified a few potential lawyers, it is important to contact them and set up an initial consultation.

During this meeting, you should discuss the details of your case with the lawyer, ask questions about their experience and qualifications, and get a sense of whether or not you can work together. It is also important to discuss the costs associated with legal representation at this time.

If you feel that the lawyer you have chosen is a good fit for your case, it is time to sign a contract. The contract should outline the terms of your agreement with the lawyer, including their fees and any other details related to your case. After signing the contract, your wrongful death lawyer will begin working on your behalf.

Your wrongful death lawyer will work diligently on your behalf, gathering evidence and information, interviewing witnesses, and filing any necessary paperwork in court. They will also be there to provide emotional support and answer any questions you may have throughout the process. The lawyer's ultimate goal will be to help you and your family receive justice for the wrongful death of your loved one.

How Can a Wrongful Death Lawyer Help Me Win My Case in Daytona Beach?

When someone loses their life due to the negligence or wrongful acts of another, it can be an incredibly difficult and overwhelming experience. In such cases, it is important to seek legal help from a professional who understands the complexities of wrongful death cases.

A wrongful death attorney will provide you with legal advice and representation to help you get the justice you deserve. A lawyer can help you obtain compensation for medical bills, funeral expenses, and other financial losses. Additionally, they can assist you in pursuing justice through criminal prosecution if appropriate.

Wrongful death attorneys understand the specific laws surrounding wrongful death cases. They also understand the complexities of filing a wrongful death lawsuit and the time limits associated with such claims. Your lawyer will ensure that all paperwork is filed correctly and that all deadlines are met.

A wrongful death attorney can also assist you in gathering evidence to prove your case. This includes identifying and obtaining police reports, witness statements, medical records, photos, and other important documents. Your lawyer will also provide legal counsel on proceeding with your case. They can represent you in court and work with insurance companies to reach a favorable settlement.

What Can I Expect When Working with a Wrongful Death Lawyer serving Daytona Beach?

When you choose to work with a wrongful death lawyer, you can expect a knowledgeable and experienced team of legal professionals to guide you through the entire process. Your wrongful death attorney will be your trusted advocate throughout the process and help protect your rights.

First, your wrongful death lawyer will explain the legal process to you and provide an overview of what to expect as your case progresses. They will also review any relevant documents and evidence with you to ensure that you fully understand the matter.

Your wrongful death lawyer will then help you decide on the best course of action for your case. This may involve filing a lawsuit against those responsible for the death or negotiating a settlement out of court.

Your lawyer will be your champion in court. They will conduct in-depth legal research and develop an effective legal strategy to win your case. Your lawyer will use their skills and knowledge to ensure that you get the compensation you deserve and that justice is served.

Throughout the legal process, your wrongful death lawyer serving Daytona Beach will always be available to answer your questions and concerns and ensure that you fully understand the situation. You can rely on your lawyer to provide you with the emotional support you need during this difficult time.

At Frankl Kominsky Injury Lawyers Our Wrongful Death Lawyers Serving Daytona Beach Are Here to Help

At Frankl Kominsky Injury Lawyers, we are a team of experienced Daytona Beach wrongful death lawyers dedicated to helping victims and their families get the justice they deserve. With decades of combined legal experience, our attorneys deeply understand the legal system. We can provide strong advocacy for those who have been wrongfully injured or killed due to someone else's negligence or reckless behavior.

We understand how difficult it can be to cope with losing a loved one and are here to help you navigate the complex legal process. Our attorneys will work diligently to ensure that all evidence is collected and analyzed so that we can build a strong case on your behalf.

We will handle all aspects of your case, from negotiations with insurance companies to filing a lawsuit in court if necessary. We will also take the time to explain the process in detail so that you are always informed of your rights and options.

At Frankl Kominsky Injury Lawyers, we are committed to helping victims and their families seek justice. If you or someone you love has been affected by wrongful death, don't hesitate to get in touch with us at (561) 800-8000 to discuss your case. Our experienced attorneys will fight for your rights and ensure you get the compensation you deserve.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon