If you have lost a beloved family member due to the negligent actions of another in a car accident, medical malpractice, or other fatal incident, call Rosen Injury Law, P.A. in Fort Lauderdale at 954-787-1500 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.
Why Choose Rosen Injury Law for Your Fort Lauderdale Wrongful Death Case?
- We understand that no amount of money can bring back your loved one or compensate you for your loss. However, we also know that financial compensation can help ease some of the burdens caused by their death.
- Our compassionate Fort Lauderdale wrongful death attorneys will guide you through this dark time and work to get the justice and maximum compensation you deserve.
- We pay all costs to pursue your claim upfront, and you pay us nothing until we recover for you.
- We offer a free consultation to discuss your case. We will listen to you, answer your questions, and explain your rights.
- We won’t take your case unless we believe it has merit and that we can help you recover the compensation you are owed.
Understanding Fort Lauderdale Wrongful Death Lawsuits
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 personal injury attorneys in Fort Lauderdale are dedicated to handling wrongful death cases with compassion and precision, ensuring that our clients receive the justice they deserve.
What Wrongful Death Means in Florida Law
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.
Types of Wrongful Death Cases We Handle
At Rosen Injury Law, we represent families in a wide range of wrongful death cases in Fort Lauderdale and throughout Florida. Some of the most common types we handle include:
Medical Malpractice
When a doctor, nurse, or healthcare facility fails to follow the accepted standard of care, it can result in fatal surgical errors, misdiagnoses, or medication mistakes. We hold negligent medical providers accountable. Speak to a Fort Lauderdale medical malpractice lawyer today.
Fort Lauderdale Car Accidents
Deadly crashes caused by speeding, distracted driving, DUI, or reckless behavior are unfortunately common. We represent families who have lost loved ones in fatal auto accidents on Florida’s roads. Our accident attorneys in Fort Lauderdale are here for you every step of the way.
Fort Lauderdale Truck Accidents
Commercial trucks can cause catastrophic injuries due to their size and weight. We investigate fatal trucking accidents involving driver fatigue, improper maintenance, or overloaded trailers. Reach out to a Fort Lauderdale truck accident attorney to discuss your case.
Fort Lauderdale Motorcycle Accidents
Motorcyclists face a high risk of fatal injury in crashes. Our motorcycle accident lawyers in Fort Lauderdale advocate for families who have lost loved ones in motorcycle accidents caused by negligent drivers or unsafe road conditions.
Fort Lauderdale Bicycle Accidents
Cyclists are vulnerable to deadly injuries when struck by inattentive or reckless drivers. Our bicycle accident attorneys in Fort Lauderdale help grieving families pursue justice for wrongful deaths in preventable bicycle collisions.
Fort Lauderdale Boat Accidents
Boating deaths often involve alcohol use, inexperience, or reckless operation. We handle fatal boating accident claims involving both private watercraft and commercial vessels. Call our trusted Fort Lauderdale boat accident lawyers today.
Fort Lauderdale Construction Accidents
Our Fort Lauderdale construction accident attorneys know that work sites are dangerous, and negligence can lead to fatal falls, equipment failures, or collapses. We help families recover after the wrongful death of a loved one in a construction-related incident.
Premises Liability
Fatal accidents can happen due to dangerous property conditions, such as inadequate security, poor maintenance, or hidden hazards. We hold property owners accountable for deaths caused by their negligence. Our premises liability lawyers in Fort Lauderdale are here to handle your case.
And More
Other types of wrongful death cases we handle include drowning accidents, fatal slip and falls, defective products, and more.
No matter the cause, our experienced Fort Lauderdale wrongful death attorneys are ready to help your family seek justice and financial recovery.
What Are the Damages Available in a Wrongful Death Case?
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.
Non-Economic Damages in Wrongful Death Claims
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.
Seeking Compensation for Wrongful Death
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 Wrongful Death Lawsuits
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.
Can People Convicted of Homicide Be Sued for Wrongful Death in Florida?
Under the Florida Wrongful Death Act, it’s public policy to shift the burden of wrongful death losses from the victim’s family to the person at fault—even if the death occurred during the commission of a felony.
This means families can pursue wrongful death claims even if the at-fault party is charged with homicide. In Florida, deaths caused by “culpable negligence” may result in manslaughter, a felony offense. Similarly, vehicular homicide involves killing a person or unborn child due to reckless driving and can be charged as a first- or second-degree felony.
However, not every wrongful death case leads to criminal charges or a conviction. Prosecutors decide whether to file charges, and outcomes vary. Regardless of criminal proceedings, families can still file a civil wrongful death lawsuit. A criminal conviction can strengthen the civil case by showing the defendant’s negligence.
An experienced wrongful death attorney at Rosen Injury Law, P.A. can review your case. Eric Rosen, our Board-Certified civil trial lawyer, will fight for a fair settlement or take your case to trial to seek full compensation.
How To Prove Negligence in Fort Lauderdale Wrongful Death Cases
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.
To be successful in any case based on negligence, you must prove that the following elements exist:
- The defendant owed the decedent a duty of care.
- The defendant breached the owed duty of care by their action or inaction.
- The defendant’s breach of duty caused the decedent’s death.
- The survivors suffered actual damages that are quantifiable and demonstrable.
At Rosen Injury Law, we leave no stone unturned in investigating the cause of your loved one’s death and identifying all potentially liable parties. We work quickly and carefully to discover the evidence necessary to prove each element of your claim and to maximize your compensation.
What if My Loved One Was Partially at Fault?
Florida follows a modified comparative fault model. If your loved one is found to be fifty percent or less at fault, you may still be able to recover compensation for your damages. However, your compensation will be reduced by the percentage of fault assigned to the decedent.
For example, if the decedent was 25% at fault and your compensation totals $100,000, you may still recover $75,000 after the decedent’s percentage of fault is deducted.
If your deceased loved one is found to be more than fifty percent at fault, you will not be able to recover any compensation.
Our Fort Lauderdale wrongful death lawyers fight to avoid or minimize any fault being assigned to your loved one to maximize your compensation.
How Long Will it Take to Recover Compensation?
How long it takes to resolve your case so you can recover compensation depends on several factors. Most cases, we handle resolve successfully without ever going to trial. If we must try the case before a judge and jury, it will take much longer.
Some of the factors influencing how long your case will last include:
- How straightforward are the issues of causation and liability?
- How did the injuries occur, and what evidence is available?
- How many parties, insurance companies, and attorneys are involved in the case?
- How many depositions are necessary?
- Will expert witnesses be involved?
- How willing are the defendants to enter into a fair settlement agreement?
- How busy is the court’s docket?
The wrongful death attorneys at Rosen Injury Law are excellent negotiators. We work hard to reach a fair settlement of your claim as quickly as possible while maximizing your recovery. We keep you informed every step of the way so you never wonder what is going on with your claim.
How Much is a Fort Lauderdale Wrongful Death Case Worth?
The value of your wrongful death claim depends on the specific facts of your case, such as:
- What amount of financial support did the decedent provide to their family?
- What services did they provide for their family members?
- How much in medical expenses were incurred before their death that were caused by the wrongful death accident or incident?
- What was the cost of the funeral and burial?
- What other expenses were incurred because of the decedent’s wrongful death?
- What kind of support, guidance, and companionship did the decedent provide to their family?
- What degree of pain and suffering can be proved?
- What other intangible losses were suffered by the decedent’s family?
What is the Statute of Limitations for a Fort Lauderdale Wrongful Death Claim?
A statute of limitations sets the deadline for filing a claim to recover damages in a civil suit. If you miss your filing deadline, you cannot recover any compensation.
In most Florida wrongful death cases, you have two years from the death to file your claim, as outlined in Florida Statutes §95.11(5)(e). However, there are exceptions to the two-year deadline.
You must consult an experienced Fort Lauderdale wrongful death attorney to determine your filing deadline.
You should consult an attorney as soon as possible to avoid missing your deadline. Additionally, you should act quickly so your attorney can identify and collect essential evidence before it can be destroyed, lost, or diminished over time.
How Much Will Hiring a Fort Lauderdale Wrongful Death Lawyer Cost?
At Rosen Injury Law, we handle your Fort Lauderdale wrongful death claim on a contingency fee basis. This means we pay all upfront costs of pursuing your claim, and you pay nothing until we recover your compensation.
When you hire us, we will enter into a fee agreement in which we take all the financial risk associated with pursuing your claim. When we recover your compensation, we will receive a percentage of it as our attorney fees.
This fee arrangement enables you to aggressively pursue the justice and compensation you deserve without risking your money. If we don’t recover compensation for you, you owe us nothing.
Why Do I Need to Hire a Fort Lauderdale Wrongful Death Attorney?
- Your chances of recovering maximum compensation are much greater when an experienced Fort Lauderdale wrongful death attorney represents you.
- Your attorney has the experience, skills, and resources to scrutinize the facts of your loved one’s accident or incident that caused their death to help determine all possible causes and all potentially liable parties.
- An experienced attorney will conduct a thorough discovery to uncover and collect strong evidence to support your claim and work tirelessly to build your strongest case.
- They can help ensure that all damages are included and accurately valued so you know your claim’s worth. Then, they will help negotiate a fair settlement of your case as quickly as possible.
- When a fair settlement cannot be reached, your attorney can take your case to trial and hold the at-fault parties accountable for paying the full value of your claim.
- You deserve to be able to grieve and focus on your healing while an experienced wrongful death attorney handles all the details of pursuing the justice and compensation you deserve.
Contact A Fort Lauderdale Wrongful Death Lawyer Today
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.