The death of a loved one is one of life’s most difficult experiences. But when your loved one is taken away due to the negligence or wrongdoing of another party, the pain and despair can be overwhelming.
In Florida, when a person suffers a wrongful death, their survivors or estate have the right to bring a civil action to recover damages sustained because of their death. This civil action is known as a wrongful death claim. It is entirely separate from any criminal charges that may or may not be filed against the responsible party.
At Rosen Injury Law, we have been helping wrongful death clients recover maximum compensation for decades. If you have lost a loved one due to another party’s fault, we want to help you, too.
Call (954) 466-1114 or complete the short form on our contact page to schedule a free consultation.
The Rosen Injury Law Advantage
- Our Lighthouse Point personal injury attorneys understand that no amount of money can compensate for your loss. But we want to help you recover maximum compensation to help ease some of the financial burdens caused by your loved one’s death.
- We have a proven record of recovering full compensation for our wrongful death clients and are committed to doing the same for you.
- We handle every case and every client with dignity, respect, and genuine compassion.
What Are the Leading Causes of Wrongful Death in Lighthouse Point?
Some of the most common causes of wrongful death in Lighthouse Point include:
- Car accidents.
- Medical malpractice.
- Truck accidents.
- Violent attacks, including domestic abuse.
- Nursing home and elder abuse or neglect.
- Premises liability injuries, such as slip and fall injuries.
- Dog bites and other animal attacks.
- Drownings.
- Boating accidents.
- Product liability injuries.
How Is Fault Determined in a Lighthouse Point Wrongful Death Case?
Most wrongful death actions are based on negligence. To prove negligence in a wrongful death claim, you must establish that four elements exist:
- The defendant owed your loved one a duty of care.
- The defendant breached their duty of care by their negligent action or inaction.
- The defendant’s breach of duty was the cause of your loved one’s death.
- You suffered damages caused by your loved one’s death.
Insurance companies and their defense attorneys often attempt to shift the blame to deny liability or reduce their percentage of fault and the amount they must pay. Under Florida law, if the decedent was more than 50% at fault for the accident or incident that caused their death, their survivors will not be able to recover compensation in a wrongful death claim.
If the decedent was fifty percent or less at fault, you can still recover compensation, but your damages amount will be reduced by the percentage of fault assigned to the decedent.
Who Can File a Lighthouse Point Wrongful Death Claim?
As outlined in Florida Statutes §768.20, the decedent’s personal representative may file a complaint to recover compensation on behalf of all beneficiaries and the decedent’s estate. The beneficiaries may include:
- The surviving spouse.
- The decedent’s children.
- The decedent’s parents.
- The decedent’s siblings.
- Others who were dependent on the decedent for financial support.
If you believe you may be entitled to recover compensation for the loss of your loved one, you should consult an experienced Lighthouse Point wrongful death lawyer to understand and protect your rights.
How Is Compensation Determined in a Lighthouse Point Wrongful Death Claim?
Compensation may be recovered by the decedent’s beneficiaries and estate as outlined in Florida Statutes §768.21.
The determination of compensation owed to the survivors is based on the specific facts of each claim and can be complex. Who receives compensation and how much is impacted by several factors, including the decedent’s life expectancy, their probable net income available to the particular survivor, the replacement value of the decedent’s services to the survivor, the joint life expectancies of the survivor and decedent, and the period of minority in the case of minor children.
Surviving spouses may recover for the loss of the decedent’s companionship and protection, and for their mental pain and suffering. Minor children, and adult children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering.
Parents of a deceased minor child may recover for mental pain and suffering, and parents of an adult deceased child can recover for mental pain and suffering when there are no other survivors.
Survivors may also be recovered by any survivor who paid them. The decedent’s personal representative may recover for the decedent’s estate damages that the decedent could have recovered had they not died.
How Long Do I Have to File a Wrongful Death Claim?
Florida Statutes §95.11 (5)(e) provides a two-year statute of limitations for a wrongful death action. This means you must file your wrongful death claim within two years of the date of your loved one’s death.
If you miss your filing deadline, you will not be able to recover compensation. There are rare exceptions to the two-year deadline, so you must promptly consult an experienced Lighthouse Point wrongful death lawyer to determine your filing deadline.
Why Hire a Lighthouse Point Wrongful Death Lawyer?
After the loss of your loved one, you deserve to take the time to grieve and allow an experienced Lighthouse Point wrongful death lawyer to handle all aspects of your case.
Your attorney will investigate the accident or incident that caused your loved one’s death to determine all possible causes and liable parties. They will work to gather evidence to prove your claim and build your strongest case.
Your attorney can negotiate to help reach a fair settlement of your claim, and if that is not achievable, they can take your claim to court to demand full compensation. Your chances of a successful outcome are much greater when an experienced Lighthouse Point wrongful death lawyer represents you.
Contact Rosen Injury Law Today
If you have lost a loved one due to another party’s fault, you may be able to recover compensation for your damages. We understand that money cannot compensate for the loss you have experienced. However, you have likely also suffered financial burdens caused by your loved one’s death that compensation can help lessen.
At Rosen Injury Law, our attorneys have a proven track record of securing maximum compensation and can help you obtain the financial compensation you deserve. Call (954) 466-1114 or visit our contact page to schedule a free consultation.