Melbourne Wrongful Death Attorney
Injury lawyers fighting for victims’ families in Florida
Wrongful death differs from accidental death, although it is quite often mistaken as the same type of event. An accidental death occurs when an unexpected event happens. For example, a person trimming a tree in the back yard falls off the ladder and dies from the injury. A wrongful death; however, happens when a person dies as a result of a negligent action of another person or entity. If your loved one died due to the willful or negligent act of another person or business, you should speak with a Melbourne wrongful death lawyer immediately. Under Florida law, you could be entitled to specific forms of compensation for your loss. While compensation cannot bring back your loved one, it can help you manage financially during this most difficult time.
While wrongful death can happen due to any type of negligence, common causes include:
- death as a result of medical malpractice
- death as a result of a dangerous or defective product
- death as a result of a negligent driver
- death as a result of an employer’s failure to provide a safe work environment
- death as a result of a criminal action
- death as a result of negligent security of a premises
Any death that is the result of a negligent action, regardless of how it happened, is considered a wrongful death.
What must be proven in court?
Florida law requires that all four of the following elements be proved to constitute a wrongful death case:
- that a death occurred. This is easily proven with a death certificate.
- that the death was a result of a negligent action. This information can be obtained from medical records and other evidence.
- that the death has caused monetary difficulty to the surviving family members.
- that a personal representative has been appointed to file the claim on behalf of the deceased.
Your Florida wrongful death lawyer will provide the court with all of the relevant information to prove that the death financially impacted the surviving family members. It could be through loss of wages and past expenses including medical and hospital bills. Your attorney will ensure that the appointed estate representative meets the court’s approval.
Who can file a lawsuit?
Florida allows the following family members to file a claim for wrongful death:
- spouse and children of the deceased
- parents, if the lost loved one was a minor
- grandparents, if the minor was being raised by his or her grandparents
- sibling, natural or adopted, if the sibling is more dependent on the deceased for financial support
- Florida statutes provide different types of compensation available to the children based on their age and dependency on the deceased. It is imperative that anyone who is seeking compensation for the loss of a loved one speaks with a Melbourne wrongful death attorney as soon as possible after a tragic event. In Florida, Statutes of Limitations apply to these types of cases, and delaying the hiring of an injury lawyer could keep you from recovering what’s rightfully yours in your wrongful death case.
Call Couture Law P.A. today at (321) 733-5703 to schedule a no-obligation consultation.
How much does a personal injury attorney cost?
At Couture Law P.A. you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your personal injury attorney.
Do I have a case?
Because no two cases are alike, injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.