Wrongful Death Lawyers Serving Palm City
Thousands of Floridians die annually in accidents such as auto accidents, slip and falls, or workplace accidents. When a loved one dies because of the negligence of another party, a seasoned wrongful death lawyer serving Palm City can help you seek justice.
The death of a loved one creates a void that can never be filled. Financial issues may arise as you try to fill the shoes of your late loved one's income and the services they provide for your family. Filing a wrongful death lawsuit in Florida may not bring back your loved one, but it might help ease the financial burden of grieving.
Did you lose a family member in Florida because of someone else's negligence? Frankl Kominsky Injury Lawyers serving Palm City can help you seek fair compensation. Call us today at (561) 800-8000 to evaluate your case.How Our Florida Wrongful Death Lawyers Can Help
At Frankl Kominsky Injury Lawyers, we understand how difficult losing a loved one is. After losing a loved one, the thought of taking legal action against the person or people responsible may be the last thing on your mind.
Although money can't compensate for your loss, you shouldn't suffer financially because of someone else's carelessness. After losing a primary breadwinner, you and your family will require financial support to continue living.
Our team can meet with you to discuss the specifics of your case in a free initial consultation. We are located positioned for most Floridians, with offices all around the state.
We will review your case during the initial consultation and advise you on the best course of action. One of our primary objectives is to provide you with the assistance and direction you require to recover from this setback and resume living everyday life.
When you need compassionate legal support and counsel, contact Frankl Kominsky Injury Lawyers. While it is impossible to predict how your case will turn out, the following are some advantages our lawyers can bring to your wrongful death claim:
- A transparent, objective evaluation of the compensation you should receive for your loss: After the death of a loved one, you may not know how much money you are entitled to receive. Attorneys from Frankl Kominsky Injury Lawyers can advise you on whether or not you are receiving the full amount of compensation for your loss.
This includes evaluating the insurance company's settlement offer, which may fall short of what you're owed as compensation for your loss.
- Someone who will look out for your interests during the claims process: You may feel alone in your grief after the death of a loved one. The individual responsible for your loss will try to shift blame if at all possible.
- The insurance firm would instead not take on any more financial risk than is necessary. On the other hand, you can feel assured that your attorney is working solely in your best interest.
- Support to help you maximize the compensation you receive for your wrongful death claim: Many factors can lessen the amount of money you receive from a wrongful death lawsuit. On the other hand, when you engage with a skilled wrongful death attorney, you will receive thorough guidance that can increase the amount of compensation you receive.
After the death of a loved one, there are many questions and worries that arise. We are here to comfort you and your loved ones through this difficult time.
Because we want you and your loved ones to be able to concentrate on what's actually essential in life, we'll handle the legal aspects of your case. We will deal with the insurance companies, the discussions, and the court processes on your behalf. Our team will meet with you to review your case's details and give you our candid assessment of how to proceed.
Call us today at (561) 800-8000 to speak with a wrongful death attorney serving Palm City.Filing a Florida Wrongful Death Claim
Wrongful death claims can be complex and frustrating. A legal dispute or claim is the last thing you want to deal with when you're grieving. When someone close to you dies in an accident, you may have many questions about your legal options.
A wrongful death attorney serving Palm City can help you determine the best course of action. If you hire an attorney now, they can handle all of the legal details so you can concentrate on what's most important: your family.
A Florida wrongful death lawyer can help prove the following four aspects of your claim on behalf of the deceased's estate:Duty of Care
Proving negligence in a Florida wrongful death action requires first establishing that the at-fault party owed the dead a legal duty of care. For instance, in the event of a car crash, the at-fault driver has a duty of care to the injured motorcyclist and all other road users to operate their vehicle with due care and caution.
The driver is responsible for operating the vehicle in the same manner as would be expected of a "reasonable" driver in the same or similar conditions.Breach of Duty
To prove negligence, the plaintiff must show that the defendant breached the duty of care owed to the deceased under the circumstances. The defendant's negligence would likely be established if, for instance, a motorist ran a red light or stop sign and collided with a motorcyclist in the center of a traffic intersection, causing the deceased's death.Cause
Proving that the decedent's death was caused by the defendant's carelessness is essential to winning a Florida wrongful death case.
For the estate to succeed, it must prove that the decedent's death was reasonably foreseeable and would not have occurred if not for the defendant's carelessness.Damages
In a Florida wrongful death lawsuit, damages can be shown with the help of both lay and expert witnesses. Wrongful death lawsuits in Florida can award monetary and intangible losses to surviving family members.
Family members can sue for financial losses, loss of companionship, mental anguish, and more caused by a loved one's death. You may need the help of a Florida wrongful death attorney to establish the full scope of the estate's losses.Who Can File a Wrongful Death Suit in Florida?
There would be many unnecessary lawsuits against the same defendant if every heir or relative could file a wrongful death claim. A Florida wrongful death suit must be filed by the decedent's personal representative on behalf of the decedent's spouse, children, and parents.
A Florida wrongful death claim can only be filed by a close relative or friend of the deceased who relied on them financially. The deceased's spouse is the first in line to file a wrongful death claim. The deceased's children are next in line to file a wrongful death claim. In the absence of a surviving spouse, and children, a wrongful death claim may be brought by the deceased's parents.
Those who were financially dependent on the deceased, such as elderly relatives, may be eligible to submit a wrongful death claim. If no surviving family members are able to submit a wrongful death claim on behalf of the deceased person, the deceased person's estate may do so in order to recover compensation for the costs associated with the deceased person's care and burial.
A close family member must have died in an accident that could have been prevented if the responsible party had exercised the appropriate duty of care.How Long Do Florida Wrongful Death Claims Take?
Depending on the circumstances, your case could be resolved in a short time. You could settle for just a few months if your case is simple and clear-cut. However, many cases are not simple and can take significantly more time.
There are various factors that can extend the time it takes to reach a conclusion in a wrongful death case. These include:
- Appointing a personal representative for the estate
- Collecting information on the deceased's survivors
- Pending autopsy results
- Filing a claim for damages
- Negotiating a settlement.
- Filing a claim in a Florida court
- Mediation conferences
- Waiting for a court date
- Appealing the decision
Our wrongful death lawyers serving Palm City can help you discuss your issue and answer any questions. Afterward, we'll be able to offer you a more accurate estimation of how long your case may take.Most Common Types of Death Claims in Florida
Florida wrongful death occurs when a person dies because of someone else's wrongdoing, carelessness, default, or breach of contract or guarantee. The deceased person would have been eligible to sue for damages had they survived.
Wrongful deaths are expected in a wide range of scenarios, such as:Premise Liability Accidents
Accidental injuries sustained on other people's property are the second largest cause of mortality for people over the age of 65.Traffic Accidents
When drivers do things like over speed or disobey traffic rules, they are committing acts of neglect. Vehicle collisions are sadly common in Florida because of the state's extensive network of high-speed roads and highways.
If a person dies in a car crash and the other driver's negligence causes that person's death, the deceased person's family may file a wrongful death suit against the other driver. Most of these accidents involve some form of negligent driving behavior, most commonly drunk driving, speeding, driving while distracted, or driving recklessly.Pedestrian Accidents
Thousands of people died as pedestrians. Vehicle operators frequently cause pedestrian deaths when they fail to exercise proper care.Workplace Accidents
According to the Bureau of Labor Statistics, more than 300 Floridians lost their lives on the job in just one recent year due to workplace accidents. Accidents involving transportation and falls were the two leading causes.
Other causes include contact with objects or equipment or exposure to potentially hazardous substances or conditions.Medical Malpractice
More than 250,000 Americans per year lose their lives due to preventable medical mistakes, making it the country's third highest cause of mortality.Product Liability Accidents
The Consumer Product Safety Commission maintains an online database detailing recalled products and the hazards they pose.
Besides to those as mentioned above, the following are also frequent causes of wrongful death:
- Premises liability accidents
- Nursing home neglect
- Construction accidents
- Birth injuries
Identifying the responsible party or parties is a crucial step in filing a wrongful death claim in Florida. There may be multiple defendants in a wrongful death suit.
This is particularly the case in cases involving medical negligence or car accidents. A Florida wrongful death attorney can help you determine who is at fault for your loved one's death and pursue justice on your behalf.The Statute of Limitations on Florida Wrongful Death Suits
Claims and lawsuits must be brought within a specific time frame determined by a statute of limitations. Evidence deteriorates, and potential witnesses become unavailable if cases are allowed to drag on for too long. Limiting the amount of time a plaintiff has to file suit helps ensure that the evidence presented at trial is as current as possible.
In Florida, the statute of limitations for filing a wrongful death suit is two years from the date of the decedent's death. The estate may be permanently banned from pursuing a wrongful death claim or a lawsuit and from seeking monetary compensation in the future if the claim or suit is not submitted within the necessary time.
Most wrongful death claims in Florida must be brought within two years of the victim's death, as stipulated by the state's statute of limitations.
The standard time limit is two years, but there are a few exemptions:
- Medical malpractice: There is still a two-year deadline for filing a medical malpractice lawsuit, but the clock does not begin ticking until the affected parties learn that a medical mistake directly caused the patient's death.
- Murder: There is usually both a criminal and civil case involving murder. Although it may take some time, a thorough criminal investigation is required to identify the perpetrator. As a civil action cannot proceed without a defendant, the statute of limitations will not start to run until the guilty party is either found or apprehended.
- Government entities: There is a four-year window to file a wrongful death suit against a government agency. To seek reimbursement from a government agency, one must wade through mazes of bureaucracy and red tape.
The personal representative of the deceased's estate should not procrastinate starting legal action, as time is likely of the essence in a wrongful death lawsuit. Frankl Kominsky has many experienced Florida wrongful death attorneys who can advise you on the applicable statute of limitations in light of your circumstances.
If needed, we will promptly file a claim or lawsuit for wrongful death.Frequently Asked Questions About Florida Wrongful Death Attorney
Coping with the death of a close family member or friend is very challenging to cope with. It'll cost you emotionally and financially in ways you weren't anticipating or preparing for.
While the death of a loved one under any circumstances is devastating, it can be especially difficult to cope with when it is unexpected and the result of someone else's carelessness.
If you are considering filing a wrongful death suit, below are answers to some of the most frequently asked questions:
What are other parties involved in a Florida wrongful death lawsuit?
Although the personal representative and the defendant are the most apparent participants in a wrongful death case or settlement, there are typically other parties involved. The personal representative will have to deal with the interests of the decedent's heirs and any creditors.
These impartial parties will aid in the valuation of losses and the estimation of a fair settlement. They will likely have strong feelings about the situation and will want to share those with the personal representative.
Insurance companies are also frequently involved:
- If the fatality was the result of a car crash, the defendant is probably covered by motor insurance.
- If the mishap took place on the job, the business's insurance carrier will certainly get involved.
- If the incident was the result of a breach of premise liability, the property owner is probably protected by the homeowner's or other property owner's insurance.
- If the death was caused by medical malpractice, the hospital or doctor probably has insurance to cover the costs of a lawsuit.
Insuring companies have extensive experience with lawsuits involving nursing home abuse and wrongful death. Avoiding fully compensating the deceased's heirs is in their best interest. When dealing with such intricate networks of ties, a wrongful death attorney can be invaluable.
Contact one of our compassionate and seasoned wrongful death attorneys serving Palm City at Frankl Kominsky Injury Lawyers online or call (561) 800-8000 to schedule a free consultation.