Wrongful Death Lawyer Plantation, Florida
There are at least 150,000 wrongful deaths in the United States each year. Wrongful death cases can be complex as loved ones navigate their claim to obtain just compensation for their loss. We will walk you through this type of civil action and help you understand if you may have a case.
What is Wrongful Death?
Wrongful death occurs when a person dies due to the negligence or misconduct of another person. A wrongful death lawsuit is a civil action that will be separate from any criminal charges related to the fatality. There will be a lower standard of proof for loved ones to win damages in this type of case.
These are important things to consider when someone is accused of causing a wrongful death:
- The person at fault must have had a duty to guarantee the safety of the deceased person
- That person must have neglected that duty
- That neglect must have caused the death
If a death is truly accidental and could not have been prevented, it is not a wrongful death. Murder and manslaughter are also excluded. Examples of frequent types of wrongful death include:
- Car, truck, or motorcycle collisions
- Bicycle or pedestrian accidents
- Manufacturing defects
- Accidents in the workplace
- Errors in medication
- Medical malpractice
- Criminal Activity
Florida Law Surrounding Wrongful Death
Many different circumstances can lead to a wrongful death lawsuit and Florida has its own criteria and procedure for these. Under the Florida Wrongful Death Act, family members of the deceased can file a wrongful death suit against the person or entity believed to be responsible for the death via wrongful act, negligence, default, or breach of contract or warranty. Florida also allows claims for damages incurred from when the injury occurred to the point of death, plus interest, on top of projected future earnings. The statute of limitations in Florida is 4 years.
Who Can File a Wrongful Death Claim?
Who may file a wrongful death lawsuit varies from state to state as well. In all states, spouses, children, and parents of unmarried children may act as representatives. According to Florida law a personal representative of the deceased individual’s estate, on behalf of:
- Spouse, children, and parents of the deceased; and
- Blood relatives or adoptive siblings who are “partly or wholly” dependent on the decedent.
The representative of the real parties in interest must prove that the death was caused by another’s negligence or intentionally wrongful actions. They also must prove that the family members who suffered harm because of the death are eligible to recover the damages.
Damages that Can Be Recovered
A representative who brings a lawsuit for wrongful death may recover both economic and non-economic damages. Economic damages may include medical expenses, funeral expenses, out-of-pocket expenses, lost household or other services, loss of support and income, and lost prospect of inheritance. Non-economic damages like pain and suffering may also be recovered. A jury will evaluate the earnings at the time of death as well as potential future earnings. Damages awarded will include interest starting from the date of the death.
Damages available to survivors in a Wrongful Death Claim according to Florida law include:
- Lost support and services to survivors (relationship to the deceased, probable future income of the deceased, and replacement value of lost support and services are considered)
- Surviving spouse’s lost companionship and protection, plus pain and suffering
- Minor children’s lost parental companionship, instruction, and guidance; plus pain and suffering (all children, not just minors, if there is no surviving spouse)
- Parents of deceased child may claim damages for pain and suffering
- Medical and/or funeral expenses
Damages available to the estate in a Wrongful Death Claim according to Florida law include:
- Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest
- Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value
- Medical or funeral expenses paid by or on behalf of the decedent
The Importance of Hiring an Experienced Wrongful Death Lawyer in Plantation, FL
It is imperative to work with a lawyer that specializes in these types of claims. A wrongful death lawyer knows the laws and has the experience needed to represent you properly in court. If you’re forced to file a claim of death due to negligence, hire a well-equipped attorney near you in Plantation, Florida. Following a brief consultation free of charge, you will be advised whether or not you have an actionable case and things will move forward from there.
Choose Kane & Vital
Don’t let attorneys for the negligent party pressure you to sign away your rights or settle for a much lower amount of compensation than you deserve. You have a right to your own lawyer who will look out for your best interests throughout the process.
Kane & Vital is your trusted representation for a wrongful death claim! We have successfully represented a large number of clients in these types of cases and have helped them obtain just compensation for the loss of their loved ones. While we are based in Sunrise, we serve the entire Broward County area with services for personal injury situations including wrongful death cases.
Jonathan Kane’s practice is concentrated in the area of personal injury including wrongful death claims in venues throughout the state. He has earned a reputation as a top litigator providing timely and effective counsel to all of his clients.
Schedule a Free Consultation Today
We will give you a complimentary and confidential consultation on your wrongful death case. Call Kane & Vital today at (954) 523-5123 or fill out this form on our website to lay your case out in front of us. We can tell you what we think of it, and what kind of case you might actually have. We can even come to where you are!