Florida Wrongful Death Lawyer

Furdock Law > Wrongful Death Attorney in Florida

Suffering a personal injury can result in substantial medical expenses, lost income, property damage, and potentially a long-term decrease in earning capacity.

Your Florida wrongful death lawyer provided through Furdock Law is ready to evaluate your case. As outlined below, should we proceed with your case, you will not be required to pay any upfront fees or out-of-pocket expenses.

Furthermore, our payment is contingent upon the successful resolution of your case. Schedule your consultation today to explore your options.

Losing a loved one due to someone else's negligence can leave you feeling lost and uncertain about what to do next. In Florida, the legal team at Furdock Law can guide you through this challenging time, helping you seek justice for your family member and holding those responsible accountable.

With years of expertise, our team at Furdock Law is dedicated to securing the maximum compensation for both the tangible and intangible losses you've endured. Our goal is to help you find financial stability and achieve justice in the wake of your loss.

Understanding your rights is essential during such a difficult period, and our team is here to offer the support and guidance you need. For a thorough evaluation of your case, don't hesitate to contact us at (305) 484-9454 or info@furdocklaw.com. We are committed to advocating for you and your family.

At Furdock Law, we specialize in your specific needs, providing you with the legal support you need.

Wrongful Death Law in Florida

When a loved one passes away due to another's mistake, negligence, recklessness, or criminal actions, a wrongful death claim may be necessary. Such tragic incidents can occur in numerous situations, including:

  • Automobile accidents
  • Tractor-trailer collisions
  • Motorcycle accidents
  • Slip and fall incidents
  • Dog bites
  • Faulty products
  • Nursing home mistreatment

If you're uncertain about whether you have a valid case, you can seek free legal advice from us. Florida's legal framework sets specific guidelines for handling wrongful death claims, and your Florida wrongful death attorney from Furdock Law can provide the expertise and guidance needed to effectively navigate these complex legal waters.

How Long do You Have to File a Wrongful Death Claim in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death, as specified in Florida Statutes § 95.11(4)(d) . This timeframe is crucial, and failing to file within this period may result in losing the right to pursue legal action against the responsible party.

Seeking assistance from Furdock Law is essential to navigate these timelines effectively. Timely consultation ensures that all necessary paperwork is filed within the legal deadlines and allows for a thorough investigation of your case. As time passes, the complexity of a case can increase significantly. Key witnesses may become unavailable, memories of events can fade, and gathering essential elements for your case can become more challenging. Acting swiftly preserves the integrity of your case and enhances the prospects of achieving a favorable outcome.

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Who Can Bring a Lawsuit for Wrongful Death in Florida?

In Florida, the law carefully outlines who has the legal right to pursue a wrongful death claim following the tragic loss of a loved one. This is a sensitive area of law that prioritizes certain family members to ensure that the claim is brought forward by those most directly affected by the loss. Get in touch with a wrongful death attorney in Florida to find out if you have a case on our hands.
Here's a clear  guide to understanding who can file a wrongful death lawsuit:
Surviving Spouse

Florida law places the surviving spouse at the forefront, granting them the primary right to file a wrongful death claim. This acknowledges the profound impact the loss has on a partner and ensures they have a direct path to seek justice and compensation.

Children

In the absence of a spouse, or alongside a surviving spouse, the deceased's children can bring forth a claim. This includes all children, recognizing their equal standing and the significant loss they endure.

Parents

If there is no surviving spouse or children, the parents of the deceased are entitled to file the wrongful death claim. This provision extends legal recourse to parents facing the unimaginable grief of losing a child.

Personal Representative

In Florida, a personal representative of the deceased's estate must file the wrongful death claim on behalf of the surviving family members and the estate. This ensures that the rights to pursue justice extend to all eligible beneficiaries.

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Compensation in Florida Wrongful Death Lawsuits

The compensation you may receive for a wrongful death claim in Florida is determined by the overall damages experienced by your loved one and your family as a result of the responsible party's negligence.

Your potential settlement will include economic damages, non-economic damages, and possibly punitive damages, depending on the court's decision in your case. At Furdock Law, we understand the profound impact of your loss and are committed to guiding you through the process of securing the compensation you deserve with our expertise.
Economic and Non-Economic Damages

In the aftermath of a wrongful death, families in Florida may face both economic and non-economic challenges. These challenges, known as compensable damages, encompass a range of losses for which you may seek compensation. At Furdock Law, we specialize in your specific needs, providing you with the legal support you need to ensure you receive the compensation you deserve for:

  • Loss of companionship
  • Medical expenses incurred prior to the loss
  • Loss of care provided by the deceased
  • Loss of consortium and the emotional bond shared
  • Emotional distress experienced by the family
  • Loss of income that the deceased contributed
  • Pain and suffering endured by the deceased before passing
  • Burial and funeral costs

Our team is prepared to stand by your side, offering compassionate and authoritative support throughout this difficult time. We will provide a free evaluation of your case, help you understand the types of damages you're entitled to, and navigate the legal steps necessary to secure your financial recovery.

Punitive Damages in Florida Wrongful Death Claims

Punitive damages are designed to penalize individuals or entities whose extreme or intentional actions have caused harm to others. These damages go beyond compensatory awards, which are intended to cover the victim's losses, by aiming to punish the wrongdoer for their conduct. Such damages are often seen in cases involving DUI or other acts of clear negligence or intentional harm.

Proving entitlement to punitive damages can be challenging, but at Furdock Law, we bring extensive experience to the table, adeptly handling these complex claims. Not only individuals but also municipalities and corporations may be held accountable and required to pay punitive damages when their actions warrant such a response. Our team is committed to rigorously pursuing these claims when appropriate, ensuring that justice is served and such wrongful actions are deterred in the future.

Splitting Compensation Among Family Members

Under Florida law, compensation from a wrongful death claim is distributed according to specific guidelines that prioritize the deceased's closest family members.

In Florida, the personal representative of the deceased's estate is responsible for filing the wrongful death lawsuit on behalf of the survivors and the estate. The compensation is then distributed to eligible beneficiaries, which may include the surviving spouse, children, parents, and other dependent relatives.

Florida law ensures that the surviving spouse receives a significant portion of the award, with additional provisions for minor children and other dependents. If there is no will, Florida's intestacy laws determine how the estate is distributed among surviving family members.

It's important to note that in most cases, financial compensation from a wrongful death settlement is not subject to taxes. However, there may be exceptions, such as in cases involving punitive damages.

Who Is at Fault for Wrongful Death Cases in Atlanta?

A wrongful death can occur under various circumstances, but the essence of a lawsuit is straightforward: an individual or an organization is responsible or negligent, leading to someone's untimely demise.

The legal term for the party at fault is a tortfeasor, which refers to the individual, group of individuals, or entity guilty of the misconduct. In wrongful death lawsuits, potential tortfeasors might include:

  • Medical personnel
  • Vehicle operators (including truck drivers and their employers)
  • Manufacturers of automotive parts
  • Producers or distributors of consumer goods
  • Pharmaceutical firms with faulty products

The specifics of your Florida wrongful death case will pinpoint the liable party or parties, enabling your family to seek the justice and compensation you're entitled to. For instance, in situations involving medical malpractice, possible defendants could range from the healthcare facility or its owning body, to individual healthcare providers, nurses, or other staff whose lack of care or negligence resulted in loss.

Similarly, in cases related to truck accidents, legal action might be pursued against the truck operator, the trucking company, the vehicle's manufacturer, or other related entities. Engaging with a seasoned truck accident attorney in Florida can assist in identifying the responsible parties, ensuring you receive the necessary compensation.

How does a Florida Wrongful Death Attorney Help?

To legally protect yourself in the days and weeks after anaccident, you will need to document the accident, gather evidence, get your injuries treated as soon as possible, and seek legal help from an Furdock Law wrongful death attorney in Florida.
Collecting Evidence

Collecting evidence: As time goes by, the chances of critical evidence diminishing increase. At Furdock Law, we specialize in addressing your specific needs by diligently gathering and preserving evidence essential to proving the responsible party's fault, their negligence, and the impact on your family. This comprehensive evidence collection process includes:

  • Photographic or Video Documentation: Capturing the accident scene visually can provide compelling proof of the conditions and factors that contributed to the incident.
  • Medical Documentation: Obtaining records that detail the medical treatment and care received, which can illustrate the extent of the injuries and their consequences.
  • Income and Employment Documentation: Securing wage statements from employers to demonstrate the financial loss your family may be facing due to the wrongful death.
  • Official Reports: Collecting police or accident reports that provide an authoritative account of the incident and may contain valuable insights into its causes.
  • Eyewitness Accounts: Recording statements from individuals who witnessed the event can offer powerful, firsthand perspectives that support your case.
  • Expert Analysis: Enlisting the help of professionals like accident reconstructionist or medical experts to provide authoritative testimony on the technical aspects of the case.

In the wake of a tragedy, it's crucial to have a compassionate and authoritative legal team on your side. Furdock Law is committed to ensuring that no piece of evidence is overlooked and that your family's rights and losses are thoroughly represented. For assistance, contact us at (305) 484-9454 or info@furdocklaw.com.

Filing Your Case on Time

At Furdock Law, we understand the importance of timely action in premises liability cases. In Florida, the statute of limitations for filing a premises liability lawsuit is generally four years from the date of the incident. This means you have a limited window to pursue legal action against a property owner or occupier for injuries sustained on their premises.It's crucial to initiate your case promptly for several reasons:

  • Evidence preservation: Over time, important evidence can deteriorate or be lost, making it more challenging to prove your case.
  • Witness recollection: Memories fade, and witnesses may become harder to locate as time passes.
  • Legal deadlines: Missing the filing deadline could result in your case being dismissed, regardless of its merit.

While four years may seem like a long time, building a strong premises liability case often requires thorough investigation and preparation. We recommend contacting Furdock Law as soon as possible after your injury to ensure your rights are protected and to give your case the best chance of success.

Negotiating With Opposing Counsel

Most cases are resolved before reaching the courtroom. However, it is essential to protect yourself from insurance companies offering settlements that do not adequately compensate for your suffering. At Furdock Law, we specialize in addressing your specific needs and providing the legal support you require. Our team in Florida is skilled in negotiating with the opposing side to ensure your rights and interests are fully protected. With the dedication and expertise of Furdock Law, you can trust that your case will be handled with the utmost care, ensuring justice is served for your loved one. For assistance, contact us at (305) 484-9454 or info@furdocklaw.com.

Litigating Your Claim

In Florida, when a fair settlement is not forthcoming from the responsible party in a wrongful death case, having a skilled legal advocate becomes paramount. At Furdock Law, we specialize in navigating the complexities of wrongful death claims, ensuring that justice is served and fair compensation is secured for our clients. Our team is well-versed in Florida's specific wrongful death statutes and is prepared to take your case to court if necessary.

We understand the emotional and financial toll that a wrongful death can have on families, and we are committed to providing the personalized legal support you need during this difficult time. Our attorneys are not deterred by the prospect of litigation and will vigorously defend your rights throughout the legal process.

In Florida, wrongful death claims must be filed within two years of the date of death, making timely action crucial. We at Furdock Law are dedicated to handling your case with the urgency and attention it deserves, ensuring that all deadlines are met and your interests are protected.

Our expertise extends to various types of wrongful death cases, including those resulting from premises liability incidents. We thoroughly investigate each case, gathering evidence and consulting with experts to build a strong argument on your behalf.

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FAQ

Here are some frequently asked questions at Furdock Law regarding wrongful death cases:
What is wrongful death?

Any avoidable mishap or damage brought on by carelessness or misbehavior that ends in a fatality is referred to as a wrongful death. If a deceased person's spouse, child, or parent is among the eligible surviving family members, they may initiate a civil case to seek legal action.

How Much Does It Cost To Hire An Florida Wrongful Death Lawyer?

At Furdock Law in Florida, we understand the emotional and financial toll of losing a loved one due to someone else's negligence. Our wrongful death attorneys work on a contingency fee basis, meaning you don't pay any upfront costs or hourly fees. We only receive payment if we successfully secure compensation for your case.

In Florida, wrongful death claims typically operate on a contingency fee structure. This arrangement allows families to access experienced legal representation without the burden of costly upfront retainers or hourly billing during an already challenging time. The contingency fee percentage is usually around 33-40% of the total amount recovered, which we clearly outline in our client agreement.

For example, if we secure $100,000 in compensation for your wrongful death case with a 33% contingency fee, our firm would receive $33,000 as payment for our services. This approach ensures that our interests align with yours - we're motivated to maximize your compensation.

Do I Need To Give A Statement To An Insurance Company In The Case Of A Wrongful Death?

The Employee Retention Tax Credit (ERTC) withdrawal process in Florida varies depending on your specific circumstances. Here's an overview of the current procedures:  

If you haven't received a refund and your claim isn't under audit:  

  1. Make a copy of your adjusted return (e.g., Form 941-X) that includes the ERTC claim you wish to withdraw.  
  1. Write "Withdrawn" in the left margin of the first page.  
  1. On the right margin, have an authorized person sign, date, and write their name and title.  
  1. Fax the signed copy to the IRS ERTC claim withdrawal fax line at (phone number).  

For claims under IRS examination:  

Contact your assigned examiner or respond to the audit notice with your withdrawal request if no examiner has been assigned.  

If you've received but not cashed or deposited the refund check:  

Follow the IRS instructions for returning the voided check along with your withdrawal request.  

It's important to note that the IRS will send a letter confirming whether your withdrawal request was accepted or rejected. The withdrawal is only effective once you receive the acceptance letter.  

For the most up-to-date and personalized advice regarding your ERTC situation in Florida, we recommend consulting with our experienced team at Furdock Law.

How Long Does A Wrongful Death Settlement Take?

In Florida, wrongful death cases typically take between 18 months to 3 years to resolve, though this timeline can vary significantly depending on the specific circumstances. Most cases settle within 6 months to 2 years, but more complex situations may extend beyond this timeframe.

Several factors influence the duration of a wrongful death case in Florida:

  • Case complexity
  • Number of parties involved
  • Amount of evidence to gather and analyze
  • Whether the case goes to trial or settles out of court
  • Potential court delays

It's crucial to note that Florida has a statute of limitations for filing wrongful death lawsuits, generally set at two years from the date of death. This means families have a limited window to initiate legal action.

Once a settlement is reached, it typically takes about 4-6 weeks to receive the payout. However, certain exceptions may apply to the standard statute of limitations, such as in cases of medical malpractice or when the responsible party is affiliated with the state government.

At Furdock Law, we understand that each wrongful death case is unique. Our experienced team specializes in providing the legal support you need during this difficult time. We can offer a more accurate estimate for your particular case and guide you efficiently through the legal process.

For more information or to discuss your case, please contact Furdock Law at (305) 484-9454 or info@ferdocklaw.com. We're here to help you navigate this challenging situation and seek the justice your loved one deserves.

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