Losing a loved one due to another party’s negligence or wrongdoing is devastating and can leave family members confused, angry, and frightened. No amount of money can bring back your loved one or atone for their death. However, pursuing justice and recovering financial compensation can help ease some of the burdens caused by their death.
Florida’s Wrongful Death Act gives survivors of decedents who die due to another party’s fault the right to bring a civil action to recover damages sustained due to their loved one’s death. The Westwood Lakes wrongful death lawyers at Rosen Injury Law have the experience, skills, and resources to help you recover maximum compensation in a wrongful death claim.
The Proven Benefits of Choosing Rosen Injury Law
- Our Westwood Lakes injury lawyers provide compassionate, personalized legal services to grieving families and handle every wrongful death case with dignity and respect.
- We have a proven record of recovering maximum client compensation in wrongful death claims.
- Eric Rosen is a double board-certified civil trial lawyer who has obtained numerous seven and eight-figure wrongful death verdicts against some of the biggest companies in the world.
- We are committed to helping our clients by walking with them through the dark weeks and months after losing a loved one and helping them recover the justice and compensation they need to grieve, heal, and move forward with their lives after a tragedy.
What Qualifies as a Wrongful Death in Florida?
Any death caused by the negligence or misconduct of another party is a wrongful death. Florida Statutes §768.19 provides:
“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensured, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
This means that if a person dies due to another party’s negligence, intentional act, professional negligence, or due to a product defect, the decedent’s survivors have the right to bring a wrongful death claim against the responsible party.
A wrongful death claim is a civil action that is entirely distinct from any criminal charges that may be brought against the wrongdoer.
Leading Causes of Wrongful Death in Westwood Lakes
Numerous negligent or wrongful actions and inaction can cause wrongful death. Some of the leading causes of wrongful death in Westwood Lakes include:
- Car accidents.
- Medical malpractice.
- Boating accidents.
- Workplace accidents and illnesses.
- Violent acts, including domestic abuse.
- Defective product injuries.
- Slip and fall accidents.
- Truck accidents.
- Bicycle accidents.
- Pedestrian accidents.
- Accidental overdoses and poisoning.
At Rosen Injury Law, our attorneys are excellent investigators who scrutinize the facts of all wrongful death accidents or incidents to determine all causes and liable parties.
Who Can File a Westwood Lakes Wrongful Death Claim?
In Florida, the decedent’s personal representative can file a wrongful death claim to recover damages on behalf of the estate and the decedent’s survivors. Florida Statutes §768.20 states:
“The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death…”
The personal representative is the person designated in the decedent’s will. If the decedent did not have a will or did not name anyone as their representative, the court will appoint the personal representative, who is often the surviving spouse or next of kin.
What Is the Statute of Limitations For a Westwood Lakes Wrongful Death Claim?
A statute of limitations is the law that sets a deadline for filing a claim in a civil action. If you miss your statute of limitations, you cannot recover for your damages.
The statute of limitations for a Westwood Lakes wrongful death claim is two years from the death, as outlined in Florida Statutes §95.11(5)(e).
There are rare exceptions to the two-year filing deadline. For example, if the wrongful death was caused by an intentional act, even if the defendant has not been arrested, charged, or convicted of the death, there is no filing deadline. You must consult an experienced Westwood Lakes wrongful death lawyer regarding the filing deadline for your specific claim.
What Damages Can Be Recovered in a Westwood Lakes Wrongful Death Claim?
Florida Statutes §768.21 sets forth the damages that each category of survivor may be able to recover in a wrongful death claim. Survivors who may be able to recover damages in a wrongful death claim include the surviving spouse, children, parents, and in some cases, others who were financially supported by the decedent.
In a successful Westwood Lakes wrongful death claim, surviving spouse, children, and possibly others may be able to recover economic damages such as loss of income and earning capacity, medical expenses, funeral expenses and other tangible losses. You may also be able to recover non-economic damages such as mental pain and suffering, loss of companionship, and other intangible damages.
Once our Westwood Lakes wrongful death lawyers evaluate your case, we can provide an estimate of what we believe would be a fair settlement of your damages claim.
Why Consult an Experienced Westwood Lakes Wrongful Death Lawyer?
Insurance companies and defense attorneys will try to deny fault and to settle your claim for as little as possible. You need the help of an experienced Westwood Lakes wrongful death lawyer to help you get the justice and compensation you deserve.
An experienced attorney can thoroughly investigate the accident or incident that caused your loved one’s death and determine all possible causes and liable parties. They can uncover essential evidence to support your claim and build your strongest case.
Your attorney can help determine and prove the current and future value of all your damages so you know what a fair settlement would be. They can help negotiate a fair settlement as quickly as possible. If a fair settlement is not reached, your attorney can take your case to trial to recover the compensation you deserve.
Your chances of recovering maximum compensation are much higher when an experienced Westwood Lakes wrongful death lawyer represents you.
Rosen Injury Law Can Help You With Your Wrongful Death Claim
At Rosen Injury Law, we understand that you are grieving. We know that nothing can compensate you for your loved one’s death.
However, we also know that seeking justice for your loved one can help you process your grief and take back some control. We also know that recovering financial compensation can help ease some of the burdens caused by your loved one’s untimely death.
At Rosen Injury Law, our Westwood Lakes wrongful death attorneys handle your wrongful death claim with dignity and respect, and we have the experience, skills, and resources to help you get the justice and compensation you are entitled to. Call (954) 787-1500 or visit our contact page and schedule a free consultation to discuss your rights.