Key West Wrongful Death Lawyer

Losing a loved one is devastating. When that loss is due to someone else’s negligence or wrongdoing, the pain is compounded by anger and a sense of injustice. If you’ve lost a family member in an accident in Key West or the Florida Keys, you may have the right to seek compensation through a wrongful death claim.

The attorneys at JustCallMoe understand what you’re going through. While no amount of money can bring your loved one back, a wrongful death claim can help secure your family’s financial future and hold the responsible party accountable. We handle wrongful death cases throughout the Florida Keys, from Key West to Key Largo.

Injured on the go? Contact JustCallMoe! Call us today for a free consultation to discuss your wrongful death case.

What is a wrongful death claim in Florida?

A wrongful death claim is a civil lawsuit filed when someone dies due to another person or company’s negligence, recklessness, or intentional actions. In Florida, these claims allow certain family members to seek compensation for their loss, including both financial and emotional damages.

Under Florida law, wrongful death claims can arise from many situations:

• Car accidents on US-1 or other Keys roads
• Boat accidents in Key West waters
• Medical malpractice at Lower Keys Medical Center or other facilities
• Workplace accidents
• Defective products
• Slip and fall accidents
• Criminal acts

The key factor is that someone else’s wrongful act caused the death. If your loved one had had grounds to file a personal injury lawsuit had they survived, you likely have grounds for a wrongful death claim.

Who can file a wrongful death lawsuit in Key West?

Florida law is specific about who can file a wrongful death claim. The personal representative of the deceased person’s estate must file the lawsuit on behalf of the estate and the surviving family members.

The personal representative is typically named in the will. If there’s no will, the court will appoint one. While the personal representative files the claim, the damages go to the surviving family members, including:

• Surviving spouse
• Children (including adopted children)
• Parents
• Blood relatives who were partly or wholly dependent on the deceased

Each of these survivors may be entitled to different types of compensation based on their relationship with the deceased and their financial dependence on them.

Understanding Florida’s wrongful death statute

Florida’s Wrongful Death Act governs these cases and sets specific rules about:

The statute of limitations

You have two years from the date of death to file a wrongful death lawsuit in Florida. This deadline is strict, and missing it typically means losing your right to seek compensation forever. Don’t wait to contact an attorney, even if you’re still grieving. The sooner you start, the stronger your case will be.

Damages available

Florida law allows recovery for both economic and non-economic damages:

Economic damages:

• Medical bills from the final injury or illness
• Funeral and burial expenses
• Lost wages and benefits the deceased would have earned
• Loss of household services
• Loss of guidance and support for minor children

Non-economic damages:

• Pain and suffering of surviving family members
• Loss of companionship and protection
• Mental pain and suffering
• Loss of parental companionship, instruction, and guidance

Comparative negligence in wrongful death cases

Florida follows pure comparative negligence rules. This means that if your loved one was partially at fault for the accident, the damages are reduced by their percentage of fault. For example, if your loved one was 30% at fault, you could recover 70% of the damages.

Common causes of wrongful death in the Florida Keys

Living in paradise doesn’t eliminate the risk of tragic accidents. The unique environment of Key West and the Florida Keys creates specific hazards:

Traffic accidents on the Overseas Highway

US-1 is the lifeline of the Keys, but it’s also the site of many fatal accidents. With limited alternate routes, heavy tourist traffic, and drivers unfamiliar with the road, crashes can be devastating. Whether in Old Town, New Town, or along Roosevelt Boulevard, traffic accidents remain a leading cause of wrongful death.

Boating and water-related accidents

Surrounded by water, Key West sees its share of boating accidents, drownings, and diving incidents. Tourist boat operators, jet ski rentals, and private vessels all pose risks when operators are negligent or reckless.

Workplace accidents

From construction sites in Bahama Village to hotels along Truman Avenue, workplace accidents can be fatal. This includes accidents at the port, restaurants, and tourist attractions throughout Stock Island and Key West.

Medical malpractice

When medical professionals at Lower Keys Medical Center or other facilities fail to provide proper care, the results can be fatal. Misdiagnosis, surgical errors, and medication mistakes can all lead to wrongful death claims.

How the attorneys at JustCallMoe can help

Pursuing a wrongful death claim while grieving can be overwhelming. You’re dealing with funeral arrangements, financial stress, and emotional trauma. The last thing you want to think about is a legal case. That’s where we come in.

Our lawyers at JustCallMoe handle all aspects of your wrongful death case:

Investigation: We thoroughly investigate the circumstances of your loved one’s death, gathering evidence, interviewing witnesses, and working with experts when needed.

Dealing with insurance companies: Insurance companies often try to minimize wrongful death claims. We know their tactics and fight to get you fair compensation.

Calculating damages: We work with financial experts to calculate the full value of your loss, including future lost wages and benefits your loved one would have provided.

Negotiation and litigation: Most cases settle out of court, but we’re prepared to take your case to trial if necessary to get you the compensation you deserve.

Compassionate representation: We understand you’re going through the worst time of your life. We handle your case with the respect and compassion you deserve while fighting aggressively for your rights.

What to do after losing a loved one due to negligence

If you believe someone’s negligence caused your loved one’s death:

1. Preserve evidence. Keep all documents related to the accident and your loved one’s death. Don’t throw anything away.
2. Don’t talk to insurance companies. They may contact you quickly, hoping to get a recorded statement or a quick settlement. Politely decline and refer them to your attorney.
3. Contact an attorney promptly. With only two years to file, time is critical. The sooner you contact us, the better we can preserve evidence and build your case.
4. Take care of yourself. Grief is overwhelming. Make sure you’re getting support from family, friends, or professional counselors.

Wrongful death settlements and verdicts

Every wrongful death case is unique, and the value depends on many factors, including the age of the deceased, their earning capacity, and the circumstances of their death. While we can’t guarantee any specific outcome, wrongful death settlements can range from thousands to millions of dollars.

Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.

The attorneys at JustCallMoe work on a contingency fee basis for wrongful death cases. This means you don’t pay us anything unless we recover compensation for your family. Your consultation is completely free, and there’s no obligation to hire us.

Frequently asked questions about wrongful death claims

Can I file a wrongful death claim if the person responsible is facing criminal charges?

Yes. Criminal cases and civil wrongful death cases are separate. Even if someone is found not guilty in criminal court, you may still win a civil case because the burden of proof is lower.

What if the death happened outside Key West, but we live here?

You may still have a case. The location where you file depends on where the death occurred and where the defendants are located. We can help determine the proper venue for your case.

How long do wrongful death cases take?

Every case is different. Some settle in months while others take years, especially if they go to trial. We work efficiently while ensuring we secure the maximum compensation possible.

What if we can’t afford a funeral?

Some wrongful death settlements include advances for funeral expenses. We can discuss options during your free consultation.

Contact a Key West wrongful death attorney today

Losing a loved one due to someone else’s negligence is one of the most difficult experiences anyone can face. While we can’t bring your loved one back, the attorneys at JustCallMoe can help you seek justice and secure your family’s financial future.

We serve clients throughout the Florida Keys, from Key West to Big Pine Key, Marathon, Islamorada, and Key Largo. With our contingency fee structure, you don’t pay anything unless we recover compensation for you.

Injured on the go? Contact JustCallMoe! Call us today for a free consultation. We’re here to help you through this difficult time and fight for the compensation your family deserves.