When It Counts
Florida Wrongful Death & Injury Lawyers
Wrongful Death Lawyer | Wrongful Death Attorney | Injury Attorneys
Losing a beloved family member is an emotionally devastating experience, especially when their death is the result of someone else’s negligence. If you suspect you lost a loved one due to someone else’s negligent actions, we want to help you understand your legal options. On this page, we’ll guide you through the process of navigating wrongful death claims. The experienced wrongful death attorneys at Flanagan & Bodenheimer understand the emotional toll these situations take on families and are committed to providing compassionate legal support.
If you’re in need of a wrongful death lawyer in Florida, take the first step towards justice by reaching out to Flanagan & Bodenheimer for a free consultation. Call us 24/7 at 305-638-4143 or complete our online form to get started.
Table of Contents
- What is a Wrongful Death Claim?
- Who Qualifies to File a Wrongful Death Claim?
- Steps to Take in a Wrongful Death Lawsuit
- Common Wrongful Death Claims
- What Damages Can You Recover in a Wrongful Death Lawsuit?
- Statute of Limitations in Wrongful Death Lawsuits
- How Much is My Wrongful Death Case Worth?
- Proving Negligence in a Wrongful Death Lawsuit
- Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm
- Flanagan & Bodenheimer Wrongful Death Results
- Free Consultation With a Miami Wrongful Death Lawyer
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or the estate of an individual whose death was caused by the negligence, recklessness, or intentional misconduct of another party. These claims seek to hold the responsible parties accountable for their actions and provide compensation to the surviving family members for the financial and emotional losses incurred due to the untimely death.
The process and specific laws governing wrongful death claims can vary significantly from state to state. For example, in California, these claims are governed by the California Code of Civil Procedure Section 377.60, while in New York, they fall under the New York Estates, Powers, and Trusts Law Section 5-4.1. In Florida, wrongful death claims are brought under the Florida Wrongful Death Act.
Each state has its own statutes of limitations, eligible claimants, and specific procedures for filing and pursuing a wrongful death lawsuit. It is essential for families to understand the legal framework in their respective state to ensure their rights are fully protected.
Who Qualifies to File a Wrongful Death Claim?
In many states, only the personal representative of the deceased person’s estate may file a wrongful death claim on behalf of the surviving family members. This is a common requirement under various state laws governing wrongful death claims. Survivors who may be entitled to compensation typically include:
- The surviving spouse
- Children, including biological, adopted, and dependent stepchildren
- Parents of a deceased minor child
- Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services
Courts in some states have permitted family members to file wrongful death lawsuits if that family member is subsequently appointed as the personal representative by a court after filing the lawsuit. This ensures that the rightful parties can seek justice and compensation even if the formal appointment as personal representative occurs post-filing. The specific eligibility and procedural requirements can vary, so it’s crucial to consult the relevant statutes and legal guidelines in your state to ensure compliance with local laws.
Steps to Take in a Wrongful Death Claim
Each state has its own specific procedures and legal requirements for wrongful death claims, so it is essential to consult with an attorney familiar with the laws in your jurisdiction. This ensures that your case is handled effectively and that you receive the support and compensation you deserve.
- Contact an Attorney: Discuss the details of your case with a wrongful death lawyer who can assess your situation and guide you on the next steps. It’s crucial to seek legal advice promptly to understand your rights and the viability of your claim. If the wrongful death occurred in Florida, reach out to Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for a free case review. Otherwise, consult with a local attorney experienced in wrongful death claims in your state.
- Investigation and Evidence Gathering: Your legal team will conduct a thorough investigation to gather evidence supporting your wrongful death claim. This may include witness statements, expert opinions, and relevant documentation.
- Negotiation or Litigation: Based on the gathered evidence, your wrongful death lawyer will pursue negotiations with the responsible party or their insurance company. The goal is to secure a fair settlement that compensates for the financial and emotional losses suffered by the family. It’s important to choose an attorney who is prepared to litigate your case in court if a fair settlement can not be reached.
Common Wrongful Death Claims
Car accidents are unfortunately common and can lead to fatal consequences. Whether it’s due to reckless driving, impaired driving, or other forms of negligence, our legal team is experienced in handling wrongful death claims arising from fatal car accidents.
The sheer size and weight of trucks can result in catastrophic outcomes in the event of an accident. Wrongful death claims stemming from fatal truck accidents often involve complex issues, such as determining liability among multiple parties.
Motorcycle accidents are inherently riskier due to the lack of protection. When these accidents lead to the loss of a loved one, the emotional and financial toll can be overwhelming. Our wrongful death lawyers are well-versed in handling claims related to fatal motorcycle accidents, ensuring that families receive the compensation they deserve.
Pedestrians are vulnerable on the road, and accidents involving pedestrians can result in fatal consequences. Whether it’s a negligent driver, poorly designed crosswalk, or lack of traffic signals, our legal team is dedicated to advocating for families who have lost a loved one in a fatal pedestrian accident.
Wrongful death claims can also arise from medical malpractice, including instances where negligence by healthcare professionals leads to a patient’s untimely death. This can include surgical errors, prescription medication errors, and other causes.
In some cases, a defective product may contribute to a fatal incident. Whether it’s a faulty automobile part, unsafe consumer product, or defective medical device, our legal team has the knowledge and resources to pursue wrongful death claims based on product liability.
Tragically, fatal drowning accidents can occur in various settings, including swimming pools, beaches, or even retention ponds. Flanagan & Bodenheimer is experienced in handling wrongful death claims related to drownings, investigating the circumstances and holding responsible parties accountable for negligence, lack of supervision, or inadequate safety measures.
The joyous occasion of childbirth can turn tragic when medical negligence results in fatal birth injuries. Our wrongful death attorneys understand the complexities of these cases, including issues related to obstetric care, medical errors, and birth complications. We advocate for families who have lost a newborn or a mother due to preventable birth injuries.
Fatal accidents at construction sites can occur due to unsafe working conditions, inadequate training, or equipment malfunctions. Flanagan & Bodenheimer is experienced in representing families who have lost a loved one in a fatal construction accident.
Fatal accidents on someone else’s property can occur due to hazardous conditions, negligent security, or negligent maintenance. Flanagan & Bodenheimer handles wrongful death claims arising from premises liability incidents, holding property owners accountable for maintaining safe environments and seeking compensation for the loss suffered by grieving families.
What Damages Can You Recover in a Wrongful Death Lawsuit?
Understanding the types of compensation available in wrongful death claims is essential for families seeking justice and financial support. Different states have varying laws and guidelines, but generally, the types of damages that can be recovered fall into two main categories: economic and non-economic damages.
Economic Damages
Economic damages are tangible losses with a direct financial impact on the survivors. These damages are easier to quantify and may include:
- Medical and Funeral Expenses: Survivors can seek compensation for the costs associated with medical treatment before the person’s death, as well as funeral and burial expenses.
- Loss of Financial Support: Families may be entitled to compensation for the loss of financial support, including income, benefits, and any financial contributions the deceased would have made.
- Loss of Prospective Net Accumulations: This encompasses the estimated financial contributions the deceased would have made to the survivors over their expected working life.
Non-Economic Damages
Non-economic damages are more challenging to quantify as they represent intangible losses. These damages aim to compensate for the emotional and psychological impact of the loss, which can be profound and lasting.
- Pain and Suffering: Compensation may be awarded for the emotional pain and suffering endured by the deceased before their death.
- Loss of Companionship: Survivors can seek damages for the loss of companionship, guidance, and protection provided by the deceased.
- Mental Anguish: Damages may be awarded to survivors for the emotional distress and mental anguish resulting from the loss of their loved one.
- Loss of Consortium: This pertains to the loss of the deceased person’s love, affection, and companionship, primarily applicable to spouses.
Each state has its own specific procedures and legal requirements for wrongful death claims, so it is essential to consult with an attorney familiar with the laws in your jurisdiction. A wrongful death lawyer can help navigate the complexities of the legal system, gather necessary evidence, and advocate for the full compensation the family deserves.
Statute of Limitations in Wrongful Death Lawsuits
The statute of limitations sets the deadline for initiating legal action against the responsible parties. Most states impose a statute of limitations for wrongful death claims ranging from one to three years from the date of the incident or the date of death. While the two-year limit is a general rule in many states, including Florida, there are specific exceptions that may extend or modify this deadline.
Discovery Rule: In some states, the statute of limitations may begin from the date the cause of death was discovered or reasonably should have been discovered, rather than the actual date of death. This is particularly relevant in cases where the cause of death was not immediately apparent.
Minors/ Legally Incapacitated: If the beneficiaries of the wrongful death claim are minors or legally incapacitated, the statute of limitations may be tolled (paused) until the minor reaches the age of majority or the incapacitated person regains legal capacity.
Government Entities: Claims involving government entities may have different statutes of limitations and often require additional procedural steps, such as filing a notice of claim within a shorter timeframe.
Medical Malpractice: In wrongful death cases involving medical malpractice, there may be additional complexities and different statutes of limitations. These cases often require thorough investigation and expert testimony, which can influence the timing of the claim.
Given the potential complexities and variations in the statute of limitations, it is essential to act quickly if you are considering filing a wrongful death claim. Failing to file a wrongful death claim within the applicable timeframe can result in losing the right to seek compensation entirely.
If you have questions about the statute of limitations for a potential wrongful death case, it is crucial to consult with an experienced wrongful death attorney. A knowledgeable wrongful death lawyer can help you understand the specific deadlines and exceptions that apply to your case, ensuring that your legal rights are protected.
How Much is My Wrongful Death Case Worth?
Determining the value of a wrongful death case is very complex. A skilled wrongful death lawyer may be able to provide an expected range depending on the circumstances surrounding your case. The following factors can influence the value of a wrongful death claim:
- Economic Damages: The tangible financial losses suffered by the surviving family, including medical and funeral expenses, lost income, benefits, and other financial contributions, play a significant role in determining the case’s value.
- Non-Economic Damages: Intangible losses such as pain and suffering, loss of companionship, emotional distress, and mental anguish contribute to the overall value of the case. Evaluating these non-economic damages can be challenging, but they are vital components of the compensation sought.
- Circumstances of the Incident: The nature and circumstances surrounding the wrongful death incident, such as the degree of negligence involved, can impact the case’s value. For example, cases involving gross negligence or intentional misconduct may result in higher compensation.
- Life Expectancy and Contributions: The age, health, and life expectancy of the deceased can influence the potential contributions they would have made to their family over their expected working life. This includes both financial and non-financial contributions.
- Liability and Legal Fault: Establishing liability and determining the degree of legal fault on the part of the responsible party is crucial. Cases where negligence is clear and liability is easily established may result in more favorable compensation.
- Punitive Damages: In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the wrongdoer. While not common, punitive damages can significantly impact the overall value of the case.
If you’ve lost a loved one due to negligence in Florida, contact us at 305-638-4143 or complete our online form for a free consultation. Our experienced legal team can assess the specifics of your case, considering various factors, and guide you through the legal process with compassion and diligence.
Proving Negligence in a Wrongful Death Lawsuit
In the aftermath of a fatal accident, families are often left grappling with emotional pain and financial burdens. To seek justice and compensation, it is crucial to prove that the fatal accident resulted from someone else’s negligence.
Negligence is a legal concept that refers to a failure to exercise reasonable care, resulting in harm to another person. To establish negligence in a wrongful death claim, you must demonstrate the following elements:
Duty of Care
The first step in proving negligence is to show that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a manner that would prevent harm. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
Breach of Duty
Next, you must prove that the defendant breached this duty of care. A breach occurs when the defendant fails to act with the level of care that a reasonable person would have exercised in similar circumstances. Examples include running a red light, driving under the influence, or failing to maintain safe premises.
Causation
It is not enough to show that the defendant breached their duty of care; you must also demonstrate that this breach directly caused the fatal accident. This involves establishing a clear link between the defendant’s actions and the resulting death. For instance, if a driver runs a red light and causes a fatal collision, their action is the direct cause of the accident.
Damages
Finally, you must prove that the death resulted in actual damages. This includes both economic and non-economic losses, such as medical expenses, funeral costs, loss of financial support, and emotional suffering experienced by the surviving family members.
Proving negligence after a fatal accident is a multifaceted process that requires a deep understanding of the law and meticulous evidence gathering. By partnering with Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, you gain access to a dedicated team committed to seeking justice for your loved one and securing the compensation your family deserves. If you believe that negligence played a role in your loved one’s death, contact us at 305-638-4143 for a free consultation to discuss your case and explore your legal options.
Frequently Asked Questions
Can I file a wrongful death claim if the deceased was partly at fault?
In many states, you can still file a wrongful death claim even if the deceased was partially at fault. The compensation may be reduced based on the deceased’s percentage of fault. This principle is known as comparative negligence.
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys, including Flanagan & Bodenheimer, work on a contingency fee basis. This means you do not pay any upfront fees, and the attorney only gets paid if you receive a settlement or judgment. The fee is usually a percentage of the compensation awarded.
How long does it take to resolve a wrongful death claim?
The duration of a wrongful death claim can vary depending on the complexity of the case, the willingness of the parties to settle, and court schedules. Some cases may settle within a few months, while others could take several years if they go to trial.
How do I know if I have a valid wrongful death claim?
If your loved one’s death was caused by another party’s negligence or intentional misconduct, you might have a valid wrongful death claim. Consulting with an experienced wrongful death attorney can help you determine the strength of your case based on the specific circumstances.
Can multiple family members file separate wrongful death claims?
Typically, only one wrongful death claim can be filed on behalf of all eligible surviving family members. The personal representative of the deceased’s estate files the claim, and any compensation awarded is distributed among the surviving family members according to state laws.
What happens if the responsible party is uninsured or underinsured?
If the responsible party is uninsured or underinsured, the surviving family may still be able to recover compensation through their own insurance policies, such as uninsured/underinsured motorist coverage in car accident cases. An attorney can help explore all available options for compensation.
Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm
Here’s why you can trust Flanagan & Bodenheimer with your wrongful death case:
- Exclusive Focus on Personal Injury and Wrongful Death Cases: Flanagan & Bodenheimer concentrates exclusively on personal injury and wrongful death cases. This focused approach gives us a unique advantage when negotiating claims, ensuring that our legal team is well-versed in the intricacies of wrongful death cases in Florida.
- Small Caseload: We intentionally limit the number of cases we handle to provide individualized attention to each client. Choosing Flanagan & Bodenheimer means you’ll have direct access to your dedicated wrongful death attorney when necessary, allowing for prompt and personalized responses to your questions and concerns.
- Versatility in Personal Injury Law: Our accomplished team of lawyers is well-versed in all aspects of personal injury law, including motor vehicle accidents, medical malpractice, product liability, and workplace incidents. This versatility allows us to advocate effectively for your family’s rights, regardless of the circumstances surrounding the wrongful death.
- No Upfront Costs: When we represent you in a wrongful death case, there are no upfront costs. Flanagan & Bodenheimer covers all the expenses associated with the case, and we only recover fees if we achieve a successful outcome for your family. This commitment reflects our confidence in our ability to deliver results for our clients.
Flanagan & Bodenheimer Wrongful Death Results
Through our dedicated efforts, we’ve attained millions of dollars in verdicts and settlements, empowering our clients with financial stability for their family. Here are a some examples of wrongful death cases our firm has resolved:
- $4.2 Million Settlement – A single man in his thirties tragically lost his life in a shooting incident at an apartment complex. His unmarried parents were his only survivors.
- $3 Million Settlement – A single man in his thirties tragically died in a shooting incident at an apartment complex.
- $2.75 Million Settlement – Medical malpractice wrongful death. The survivors were the patient’s children.
- $2.6 Million Settlement – Representing the parents of a young man killed in a car crash, our lawyers pursued claims for negligence and product liability against both a negligent driver and a product manufacturer. After years of litigation, this matter was confidentially resolved with a settlement of $2.6 million.
- $2.5M Settlement – It was alleged that a hospital failed to respond to a patient’s medical emergency, resulting in the death of the patient. The survivors were the patient’s children.
- $1.25 Million Settlement (12.5x the insurance policy limits) – Young man driving a motorcycle was killed by a driver of an SUV who made a left-hand turn. The evidence revealed that the motorcycle operator was speeding and under the influence of marijuana at the time of the crash. The insurance carrier for the SUV failed to provide its insurance policy limits of $100,000.00 in a reasonable amount of time. During the litigation of the underlying case, the insurance carrier agreed to settle for $1.150 million more than the available insurance coverage.
- $1M Settlement (insurance policy limits) – Man drowned in ocean while participating in in-patient drug and alcohol rehabilitation activity at the beach, leaving his wife as his only survivor.
- $1M Settlement (insurance policy limits) – Wrongful Death Settlement for the family of a man who overdosed after being wrongly discharged from a drug and alcohol transition facility. The survivors were the parents of the man who overdosed.
Free Consultation With a Miami Wrongful Death Lawyer
Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm stands as a trusted ally for families navigating the complexities of wrongful death cases in Florida. Our firm’s exclusive focus on personal injury and wrongful death law allows us to provide specialized and individualized attention to each case. We understand the profound impact a wrongful death can have on a family, and we are dedicated to pursuing justice and securing the compensation that your family deserves.
While our main offices are located in Miami, FL and Hollywood, FL we offer our services to clients throughout all of Florida. This includes Fort Lauderdale, Orlando, Tampa, Jacksonville, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines, and other areas.
If you’ve lost a loved one due to negligence, contact us at 305-638-4143 or complete our online form for a free consultation in English or Spanish. Let our dedicated legal team guide you through the process with compassion, expertise, and unwavering commitment.