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Can I Sue If My Father Dies in an Accident?

Michael T. Flanagan, Esq.

Filing a Wrongful Death Claim in Florida

The loss of a father is an overwhelming and life-changing experience, especially when it results from someone else’s carelessness, recklessness, or intentional wrongdoing. This kind of loss leaves families searching for justice, accountability, and answers. In Florida, state laws empower eligible family members to pursue a wrongful death claim, which seeks to hold the negligent party accountable while also providing financial relief for the family’s losses.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand how difficult it is to cope with the death of a loved one. Our compassionate team is here to provide legal guidance and support, ensuring you don’t face this journey alone. Call us at 305-638-4143 or complete our online form to schedule a free consultation.

Understanding Wrongful Death Claims for Fathers in Florida

A wrongful death claim is a legal action brought when someone’s negligent or intentional behavior causes another person’s death. These claims are governed by Florida Statutes § 768.16–768.26, known as the Florida Wrongful Death Act.

When a father dies due to someone’s wrongful actions, certain family members, such as a spouse, children, or other dependents, may file a wrongful death claim. The process is led by a personal representative of the father’s estate, who files the claim on behalf of the family. The purpose of this lawsuit is twofold: to hold the responsible parties accountable and to help the surviving family members recover from their financial and emotional losses.

What Damages Can Families Recover?

In Florida, a wrongful death lawsuit allows families to recover both economic and non-economic damages to ease the burden of their loss. These may include:

  • Medical Bills: The costs of treatments, hospital stays, or emergency care incurred before your father’s passing.
  • Funeral and Burial Expenses: Necessary costs to provide a dignified memorial service.
  • Lost Financial Support: Compensation for your father’s income and other financial contributions that the family relied on.
  • Mental Pain and Suffering: Monetary acknowledgment of the emotional distress and sense of loss caused by losing a loved one.
  • Loss of Companionship: The value of your father’s love, guidance, and presence in your life.

The damages vary based on the family’s unique circumstances, the deceased’s age and earning potential, and the nature of the negligence.

Common Situations That Lead to Wrongful Death Claims in Florida

There are many tragic scenarios that can result in the wrongful death of a father. Some of the most common include:

Motor Vehicle Accidents

  • Car Crashes: Reckless, impaired, or distracted drivers often cause fatal accidents.
  • Truck Accidents: Poor maintenance, driver fatigue, or improperly loaded cargo can lead to devastating outcomes.
  • Motorcycle Accidents: Due to a lack of protection, motorcyclists are especially vulnerable in collisions.

Medical Negligence

  • Failure to Diagnose: Misdiagnosed or undiagnosed illnesses, such as heart attacks or cancer, can prove fatal.
  • Surgical Mistakes: Errors during surgery, including the improper administration of anesthesia, can cause preventable deaths.
  • Medication Errors: Overdoses, incorrect prescriptions, or allergic reactions can result in fatal complications.

Workplace Accidents

  • Construction Site Accidents: Falls, equipment failures, or unsafe conditions are leading causes of fatalities in the workplace.
  • Exposure to Toxic Substances: Prolonged exposure to harmful chemicals or gases can have deadly consequences.

Acts of Negligence

  • Slip-and-Falls: Fatal injuries caused by hazardous conditions like unmarked wet floors or uneven surfaces.
  • Defective Products: Faulty or poorly designed products, including vehicles or appliances, may lead to tragic accidents.
  • Violence or Negligent Security: Assaults or crimes occurring due to inadequate safety measures can result in wrongful deaths.

Why Families Trust Our Florida Wrongful Death Attorneys

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping families seek justice during their most difficult times. Here’s what makes us the right choice:

  • Specialized Expertise: We focus exclusively on personal injury and wrongful death, bringing deep knowledge and skill to every case.
  • Personalized Attention: Our intentionally small caseloads allow us to provide direct communication and tailored strategies for each family we serve.
  • Proven Results: Our track record includes millions of dollars recovered for families in complex and high-stakes cases.
  • Contingency Fee Structure: You pay no upfront costs—we only get paid if we win your case.
  • Compassionate Advocacy: We understand the profound grief of losing a loved one and are committed to fighting tirelessly for justice.

Free Consultation with a Florida Wrongful Death Lawyer

florida wrongful death attorney

If you’ve lost your father due to someone else’s negligence, you don’t have to navigate the legal process alone. At Flanagan & Bodenheimer, we will stand by your side, helping you hold the responsible parties accountable and secure the compensation your family deserves.

We proudly serve families throughout Florida, with offices in Coral Gables and Hollywood, and we offer virtual consultations for your convenience. Call us today at 305-638-4143 or complete our online form to schedule a free consultation. Let us help you take the first step toward justice and healing.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.
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