If someone you love died due to the negligence of another person or organization, you may be left with no income and no means of support. You may owe major medical bills and have to pay for a funeral out of pocket. If another party was responsible for your loss, you have the right to demand compensation.
At Steinberg Law, we understand that this is a difficult time for you and your family. Not only have you lost your loved one, but you may also be worried about bills and other costs that you hadn’t anticipated. It’s essential that you receive compensation for the wrongful death of your loved one.
We offer a free one-hour consultation to see if you are eligible for compensation. Give us a call at 877-783-4611 to get in touch with a wrongful death lawyer in Jupiter, Florida. Our team will handle preparing and filing your lawsuit, negotiating for a settlement, and representing you in a court of law.
It’s essential that you call us before the two-year time limit is up to file your wrongful death claim. In the state of Florida, you only have two years from the date of your loved one’s demise in which to file your claim. Don’t risk losing compensation that you may be entitled to by waiting too long.
How Is Wrongful Death Defined in the State of Florida?
Per Florida’s wrongful death statute, wrongful death happens when someone dies as a result of someone else’s negligence or criminal actions. Wrongful deaths can happen under different circumstances, but in each case, another person or entity is legally responsible.
Situations that can give rise to a wrongful death case include, but aren’t limited to the following.
- Defective products like drugs, electronics, vehicle components, etc
- Murder and other crimes
- Car accidents, truck collisions, and motorcycle wrecks
- Medical malpractice
- Nursing home neglect or abuse
- Slip and fall accidents
If you feel that your loved one died due to the reckless, careless, or criminal actions of another, you may have a wrongful death case. We can evaluate your specific situation and let you know if we feel you have cause to sue for wrongful death. So give us a call at 877-783-4611 for a free consultation.
Who Is Qualified to File a Wrongful Death Claim in Florida?
In Florida, only a personal representative of the deceased person’s estate is qualified to file a wrongful death claim. The aim of the lawsuit is to recover compensation for the surviving family and the estate.
According to Florida Statutes Section 768.21, the following can recover damages from the wrongful death lawsuit:
- The spouse.
- Biological and legally adopted children.
- Dependent Parents.
- Listed beneficiaries (heirs).
The deceased’s estate representative will oversee the compensation, managing the disbursement of the recovered damages to the respective beneficiaries as stipulated in the decedent’s will.
Your Jupiter wrongful death lawyer will work closely with the estate representative to ensure your late loved one’s wishes are honored.
What Types of Damages Are Recoverable in a Wrongful Death Claim in Florida?
In Florida, there are a lot of financial losses that a family will experience in the wrongful death of a loved one. From the loss of income to seeking out a way to pay for your loved one’s funeral and everything in between, you may find that you’re drowning in expenses.
However, you may be eligible for a Wrongful Death Claim and compensation for your loss. Depending on the relationship to the decedent, survivors may potentially recover one or more of the following categories of financial damages:
- Loss of support and services
- Lost parental companionship, guidance, and instruction
- Loss of decedent’s companionship and protection
- Medical or funeral expenses
- Mental pain and suffering.
Can the Surviving Family File for Punitive Damages?
In specific instances, if there was intentional, reckless, or malicious conduct, the courts may also award punitive damages to the surviving family members. These punitive damages are in existence to punish specific behaviors.
It’s important to remember that there is a limit on the amount of punitive damages that may be recovered. Florida has put a cap on punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater.
How Is Negligence Proved in a Wrongful Death Case?
Your wrongful death lawyer in Jupiter, Floria must prove four key points to demonstrate that the defendant was negligent and should be made to pay compensation.
Duty of Care
Your Jupiter wrongful death attorney will show the defendant owed your family member a “duty of care.” In other words, the negligent party should have acted the way a reasonable person would have in the same circumstance. For example, all drivers have a duty to follow traffic laws.
Breach of Duty
The next step is to demonstrate how the defendant breached the duty of care. Continuing with the example of a car accident, your attorney might present evidence that the defendant was driving drunk or speeding.
Proving fault is the principal objective when considering causation in a wrongful death lawsuit. Your attorney must provide evidence that shows the breach of duty of care was directly responsible for your loved one’s demise.
The damage in question is your family member’s untimely demise and the associated financial and emotional impact on the family. Your attorney will demonstrate that your family has been harmed by the loss of the deceased and has experienced financial damages due to the death.
How Do You Start a Wrongful Death Claim in Florida?
Only the decedent’s Personal Representative, or the person named by the decedent’s will, is allowed to bring the case before the court. The courts may name an appropriate Personal Representative if there isn’t a will.
It is best to seek an experienced attorney’s advice and guidance if you believe your loved one’s demise qualifies as wrongful death and you want to sue the responsible party. At Steinberg Law, we offer a free initial one-hour consultation to review your case and see if you’re eligible for compensation.
If we take your case, we’ll prepare all of the required paperwork and documentation and file it in a court of law. We will also conduct a thorough investigation to gather evidence.
We’ll negotiate for the best possible settlement for your wrongful death claim. While most cases are resolved without going to trial, we are ready to represent you in a court of law if a settlement agreement isn’t reached.
Is There a Time Limit to File a Wrongful Death Lawsuit in Florida?
In Florida, you only have two years from the date of your loved one’s demise in which to file your lawsuit. Don’t risk losing compensation that you may be entitled to by waiting too long. It’s essential that you call us before the two-year time limit is up to file your wrongful death claim.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
In Florida, the estate representative brings a wrongful death lawsuit after someone dies as a result of another’s negligent or intentional actions. A survival action is a continuation of an existing claim filed by the victim.
Suppose a person injured in an accident files a personal injury case but dies later of unrelated causes while the case is pending. If this happens, the victim’s family members can pursue a survival action. If the victim files a personal injury claim but dies from injuries sustained in the accident, the family can pursue a wrongful death case.
The difference between survival actions and wrongful cases is that survival actions seek compensation for the pain and suffering the victim experienced before his/her death.
How Much Will a Wrongful Death Lawyer Cost?
Our wrongful death lawyers at Steinberg Law charge a contingency fee, so you won’t have to pay anything unless we win compensation for you. Our payment is a percentage of the compensation.
You deserve fair representation for your case, so give us a call today and let us help you get started on your wrongful death claim.
Call a Wrongful Death Lawyer in Jupiter Today!
Losing a loved one is especially traumatic when the death is due to another person’s or entity’s negligent or intentional actions. The unexpected turn of events can leave families emotionally and financially devastated.
Florida law gives families the right to file a wrongful death lawsuit against the responsible party and recover compensation. While money can’t make up for the loss, the compensation recovered can help restore your family’s financial stability.
You will want a skilled and experienced wrongful death attorney to handle your case. At Steinberg Law, we are committed to providing unrivaled legal counsel and representation.
Contact us at 877-783-4611 to schedule a free initial case review with a wrongful death lawyer in Jupiter, Florida. Don’t delay! Call us before it’s too late and the time limit has run out. The sooner you call, the sooner we can get started on your case and help you receive the maximum compensation for your loss.