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Losing a loved one in an untimely accident, when that accident could have been easily prevented, is hurtful, angering, and often financially disastrous. Rosen Injury Law, P.A. can help you work through those feelings of anger and frustration and get much-needed financial help by holding the responsible party accountable for their negligence or wrongful misconduct.
Through a wrongful death claim, our Fort Lauderdale wrongful death lawyers can find a measure of justice for your loved one and a sense of closure for yourself, knowing the party responsible did not get away with their misdeed with no punishment or repercussion.
Choosing the right law firm to handle your wrongful death case is critical to achieving a successful outcome. At Rosen Injury Law, our Fort Lauderdale wrongful death attorneys have a proven track record of securing multi-million dollar settlements for our clients.
Our experienced legal team is committed to providing compassionate and effective representation, ensuring that you receive the fair compensation you deserve.
Our personal injury law firm does not collect any legal fees up front. Rosen Injury Law will cover all costs related to your case. We only charge a fee when we win your case (this is called a ‘contingency fee’). As a result, Rosen Injury Law is committed to seeking the maximum compensation for your case.
There is no cost to meet with Eric Rosen and have him provide you with the proper legal advice for your personal injury case. You can meet with Eric in his office; he can also travel to you anywhere throughout Florida for your appointment.
Eric Rosen is a Florida injury lawyer and Board Certified by the Florida Bar as a civil trial specialist, a certification held by less than 2% of all attorneys licensed to practice law in Florida. As lead trial attorney, Eric has obtained over $100 million in jury verdicts for his clients in catastrophic injury and wrongful death cases.
If you have lost a beloved family member due to the negligent actions of another in a car accident, botched surgery, or other fatal incident, call Rosen Injury Law, P.A. in Fort Lauderdale at 954-371-0449 for a no-cost consultation. You have the right to file a wrongful death suit to seek compensation for the death of a loved one due to another party’s wrongful act, negligence, or breach of contract.
Our Fort Lauderdale wrongful death lawyers will help you find justice for your loved one and get you the financial help you need to make up for the loss and hurt inflicted on you.
A wrongful death lawsuit is a legal action brought by the surviving family members of a wrongful death victim against the party responsible for the loved one’s death.
This type of lawsuit seeks to hold negligent parties accountable for their actions and to recover compensation for the losses suffered by the deceased’s family.
At Rosen Injury Law, our experienced wrongful death attorneys are dedicated to handling wrongful death cases with compassion and precision, ensuring that our clients receive the justice they deserve.
The Florida Wrongful Death Act holds a person liable for causing death by a wrongful act, negligence, or other means when the victim would have had a personal injury claim had they only been injured and not killed.
The estate’s personal representative can bring a lawsuit against the negligent defendant on behalf of the deceased’s surviving family members, including a surviving spouse, children, parents, and any blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the deceased for support or services.
Rosen Injury Law handles a wide range of wrongful death cases, including those resulting from:
When a healthcare provider's negligence leads to a patient's death.
Fatal accidents caused by reckless or negligent drivers.
Wrongful deaths resulting from collisions with commercial trucks.
Fatalities caused by dangerous or defective products.
Deaths that occur due to unsafe working conditions or employer negligence.
Homicides or other deliberate actions leading to death.
Like personal injury cases or other civil matters, Florida courts assess money damages against negligent defendants who caused a wrongful death. These damage awards help hold negligent defendants accountable and also compensate the people they have harmed.
In a wrongful death case, the wronged party is considered to be the surviving family members who have had a loved one taken from them. These family members can recover the following types of damages in a Florida wrongful death case:
The value of lost support and services: This includes the financial and emotional support the deceased provided to their family members.
The surviving spouse’s loss of companionship and protection, plus pain and suffering: The emotional distress experienced by the spouse due to the loved one's death.
A child’s lost parental companionship, instruction, and guidance, plus mental pain and suffering: This applies to minor children but also adult children if there is no surviving spouse.
A parent’s mental pain and suffering for the loss of a minor child, or the loss of an adult child if there are no other survivors.
Any family member who paid for the deceased’s medical or funeral expenses can recover those costs.
Additionally, the estate’s personal representative can recover the following damages, which are paid into the estate and distributed according to the deceased’s will, estate plan, or Florida law:
Loss of earnings from injury to death, plus the loss of prospective net accumulations: This includes the future earnings the deceased would have accumulated if not for the wrongful death.
Medical or funeral expenses that were paid by the estate or are charged against the estate.
In addition to economic damages, such as medical bills and lost wages, wrongful death lawsuits may also seek non-economic damages. These damages compensate family members for the emotional suffering and mental anguish caused by their loved one’s death. Non-economic damages may include:
Loss of companionship: The emotional impact of losing a close relationship with the deceased.
Pain and suffering: The mental anguish experienced by surviving family members.
Loss of parental guidance: The impact on children who have lost a parent.
The goal of a wrongful death lawsuit is to seek compensation for the financial and emotional losses suffered by the victim’s family. Compensation may include:
Medical expenses: Costs incurred for the deceased’s medical treatment prior to death.
Funeral and burial expenses: Costs associated with the deceased’s funeral and burial.
Lost income: Compensation for the deceased’s lost wages and future earning potential.
Pain and suffering: Compensation for the emotional distress experienced by the victim’s family.
The legal process for pursuing a wrongful death lawsuit involves several steps, including:
Initial Consultation: Meeting with a wrongful death lawyer to discuss the case and determine eligibility for a wrongful death claim.
Investigation: Conducting a thorough investigation to gather evidence and build a strong case.
Filing the Lawsuit: Submitting the wrongful death lawsuit to the appropriate court.
Settlement Negotiations: Engaging in settlement negotiations with the at-fault party’s insurance company.
Trial: Presenting the case in court if a fair settlement cannot be reached.
According to the Florida Wrongful Death Act, “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”
This law recognizes the right to file a wrongful death lawsuit even when “death was caused under circumstances constituting a felony.” The law is clear that family members can recover compensation even when the person who caused the death is charged with a homicide.
In Florida, the killing of a human being by the “culpable negligence of another” can be charged as manslaughter or aggravated manslaughter, which are second-degree and first-degree felonies, respectively.
Florida law also recognizes the crime of “vehicular homicide,” defined as the killing of a human being or an unborn child by injury to the mother caused by the operation of a motor vehicle by another in a reckless manner likely to cause death or great bodily harm to another person. Vehicular homicide is also a first-degree or second-degree felony, depending on the circumstances.
Not every case of wrongful death leads to an arrest or conviction of a negligent driver or other responsible party. It’s up to the local police and county prosecutors to decide whether to make an arrest and charge a driver with homicide. The state may or may not bring charges, and even if it prosecutes, the person might or might not wind up convicted of a crime.
These facts or events do not stop a wrongful death case from occurring. A civil case can proceed separately from any criminal prosecution. If the driver is convicted of a crime, the plaintiff in a wrongful death case can use that fact as evidence of the defendant’s negligence, proving they were responsible for the death and liable to the surviving family members.
If the driver is not charged or not convicted, this does not hurt the plaintiff’s wrongful death case. The weight of evidence required to prove a civil wrongful death case (the preponderance of the evidence) is much lower than the standard required to convict a person of a crime (guilty beyond a reasonable doubt). Because of this, you shouldn’t be dissuaded from filing a wrongful death lawsuit based on what does or does not occur on the criminal side of things.
An experienced wrongful death attorney at Rosen Injury Law, P.A. can evaluate your claim and let you know whether you have a case. Our Board-Certified civil trial specialist will prepare your case and negotiate a fair settlement with the insurance company or take your case to court for a substantial, favorable jury verdict.
Proving negligence is a crucial aspect of any wrongful death lawsuit. To successfully pursue a wrongful death claim, our legal team must demonstrate that the at-fault party’s negligence or intentional act directly caused the victim’s death.
This involves conducting a thorough investigation, gathering evidence, and building a strong case to prove liability. Our Fort Lauderdale wrongful death attorneys have the expertise and resources necessary to handle even the most complex wrongful death cases, ensuring that negligent parties are held accountable.
In Florida, a wrongful death claim must be filed by the personal representative of the decedent’s estate. This individual is responsible for managing the legal proceedings and ensuring that the rights of the deceased’s family members are protected.
At Rosen Injury Law, we work closely with personal representatives to navigate the complexities of wrongful death lawsuits, providing the support and guidance needed to achieve a favorable outcome.
If you have lost a loved one due to someone else’s negligence or wrongful act, contact Rosen Injury Law for a free initial consultation. Our experienced wrongful death lawyers are here to help you pursue justice and obtain the financial compensation you need to move forward.
Call us at 954-371-0449 or fill out our online contact form to schedule your consultation.
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