Florida Wrongful Death Attorney

Wrongful death lawsuits allow family members to seek financial compensation when a close family member is killed in a violent attack or accident. These are complicated cases with many questions.

If you have any questions, contact JustCallMoe today to speak with a Florida wrongful death attorney. We can analyze the facts that you know and provide a summary of the strength of your case. Hiring the right lawyer is the most important step grieving family members can take.

Examples of Wrongful Death in Florida

Florida Statute § 768.19 defines wrongful death as any death caused by a wrongful act, breach of contract, negligence, or default. Most cases are brought for negligence or an intentional criminal act.

Here are some examples of wrongful death cases:

Distracted Driving Accidents

Any motorist can become distracted while behind the wheel, with cell phones being a prime cause. Other causes include pets, young children, or even adults in the passenger’s seat. These accidents often cause fatal injuries during a collision. A distracted driver has been negligent and is liable for any fatal accident in a collision.

Drunk Driving Accidents

Drunk driving is a crime, and anyone who kills another in a crash has committed a wrongful death. We want evidence to show the driver was intoxicated by drugs or alcohol. These substances can impair a motorist’s coordination or judgment and lead to high-speed collisions.

Truck Collisions

Commercial vehicles are more likely to cause fatal injuries due to their size. A fully loaded tractor-trailer can weigh 20-30 times a passenger sedan. We might file a wrongful death claim against the negligent truck driver, the transportation company, or some other entity that contributed to the crash.

Property Accidents

Property defects can lead to fatal accidents, including:

• Slip and falls and trip and falls
• Dog attacks
• Swimming pool accidents
• Escalator or elevator accidents

The key is showing that the property owner owed the visitor a duty of care. The most common situation involves a customer who visits a business and is hurt due to a defect.

Medical Malpractice

Medical professionals must meet the correct standard of care when treating patients. If they fall below this standard, then fatal injuries can occur, which might form the basis of a wrongful death claim. Our wrongful death attorney in Florida can review your case.

Criminal Acts

Florida law allows family members to obtain compensation when a loved one is killed in a criminal act, which qualifies as “wrongful” under the law. Homicide and manslaughter are examples.

We might also sue the property owner where the crime occurred if they failed to have adequate security. That step is necessary because many criminals do not have the funds to pay a settlement.

When to File a Legal Claim

Although family members receive compensation in this claim, the estate’s personal representative is tasked with filing the lawsuit. Speak with a Florida wrongful death lawyer to find out who can serve as the personal representative.

In most cases, Florida law requires that lawsuits be filed within two years of the day of death. Those who wait too long can lose out on the ability to receive compensation when a judge dismisses the case.

JustCallMoe for help with your case. Our firm will review how much time remains to file a claim and, if necessary, file one quickly.

Damages in a Wrongful Death Claim

This type of legal claim seeks financial compensation for harms suffered by surviving family members. Our clients can receive economic and non-economic damages. Speak with a wrongful death attorney in Florida to find out how much compensation you might receive.

Economic Damages

A wrongful death can cause significant economic losses related to:

• Medical bills to treat a final illness or injury.
• The income the deceased would have earned.
• Lost benefits.
• Funeral and burial costs.

Non-Economic Damages

A wrongful death also causes losses that are not financial in nature:

• Loss of companionship or care.
• Loss of consortium.
• Mental pain and suffering.

While every Wrongful Death case is different, our attorneys at JustCallMoe have obtained six or even seven-figure settlements for our clients in a variety of cases. It is best to speak with an attorney about our case.

Punitive Damages: Can You Receive Them?

You might also receive punitive damages. These damages do not compensate for a loved one’s death. Instead, the justification is to punish the defendant for conduct that is more blameworthy than mere negligence.

Under Florida Statutes § 768.72, you can seek punitive damages for a defendant’s conduct that is intentional or grossly negligent.

As an example, a drunk driver is grossly negligent because they exhibit disregard for the safety of other people. Someone who intentionally injured you should also pay punitive damages.

Not all cases warrant these damages, so reach out to learn more about whether you can request them. We believe in doing everything to increase the amount of compensation our injured clients can take home.

Areas We Serve

Our firm is pleased to help those in the 32801, 33606, 33403, 32955, and 33880 zip codes. You deserve a lawyer familiar with the area and local courts.

JustCallMoe for Assistance from a Florida Wrongful Death Lawyer

Bringing this type of claim is challenging. The defendant can raise many objections, including a failure to prove fault for the fatal accident. Florida does not require that you hire a lawyer, but an attorney can help in the following ways:

• Evidence gathering. You will need evidence to prove fault. We can talk with witnesses, visit the accident scene, review medical records, and take other steps to flesh out a legal claim.
• Communication. We can handle all day-to-day activities involved with a wrongful death claim, including communication with insurance companies. We can provide any information they request.
• Strategy. We usually negotiate a settlement, but always devise an effective, individualized case strategy that aids in negotiation. We analyze how to prove fault and the full extent of our clients’ damages.

Our founder, Moses DeWitt, is not afraid of litigating claims in court. Should negotiations falter, you can count on us to vindicate your rights in court.

Speak with a Florida Wrongful Death Attorney

JustCallMoe provides sensitive legal advice to those grieving from a tragic death. Call our office to schedule a free consultation. We can meet at a time and place that works for you.