Florida Wrongful Death Lawyer

Suddenly losing a loved one to wrongful death can devastate families, leaving them with a roller coaster of emotions and feeling like they have no place to turn. If you or your family has lost someone in an accident, you can explore your legal options with a Florida personal injury lawyer. We can explain how wrongful death actions work and discuss any damages you could recover.

In Florida, when someone dies because of another party’s actions, inactions, or carelessness, designated family members can file a wrongful death lawsuit. This legal action allows them to demand financial compensation for their relative’s death. At Freidin Brown, P.A., our trial-tested Florida wrongful death attorneys aren’t afraid to fight to get you maximum compensation. Learn more about what we can do for you if you’ve lost a loved one through an act of negligence.

Our Florida Wrongful Death Lawyers Will Personalize Our Representation to Your Case’s Needs

At Freidin Brown, P.A., we care about our clients and ensure the legal matters we handle for them get the attention they deserve. Our firm has served clients for more than 45 years and our lawyers have over 100 years of combined experience. Our trial-tested lawyers have led 300 trials before a jury, and our firm advocates for our clients’ full recovery from the day our attorneys start working on their cases.

Our firm purposely maintains a small caseload so we can focus on our clients’ needs and learn every detail of their cases. We carefully select the cases we accept and ensure that at least two attorneys oversee their planning and strategy. We have handled many wrongful death cases and are ready to advocate on your behalf for maximum compensation. And there’s no risk for you – since you won’t pay us anything unless and until we recover your rightful compensation.

Wrongful Death Case Results

Our lawyers  have won more than 20 verdicts exceeding $1 million. Our notable wrongful death case results include the following:

• $5.25 million verdict in a fatal drunk driving accident
• $4.78 million settlement for a fatal negligent security case
• $2 million settlement for a case involving emergency room negligence

We will work diligently to recover the maximum compensation for you and your family. Our wrongful death attorneys have the knowledge and experience to do what it takes to get our clients the money they deserve.

Recoverable Damages in a Florida Wrongful Death Case

We understand the damages wrongful death parties can recover under Florida law and can calculate detailed loss estimates to seek damages for:

• Medical expenses
• End-of-life care costs (e.g., hospice care)
• Funeral and burial expenses
• Lost future income and benefits
• Loss of companionship for survivors
• Other related losses

We take care of challenging paperwork and serve as your legal representatives in court if the case goes to trial. Having a Florida wrongful death attorney in your corner levels the playing field against big insurance companies. With so much at stake, it’s important to have lawyers like us by your side.

How Wrongful Death Attorneys Can Help Your Case

We will handle your entire case while you take care of your loved one’s arrangements and focus on your family. We will do the following:

• Investigate the accident or incident and collect case-supporting evidence
• Untangle corporate webs to identify all parties accountable that owe you financial compensation
• Assess your financial and non-financial damages to determine how much compensation you can pursue
• Lead settlement negotiation talks with insurance companies and others
• Monitor all timelines and deadlines relevant to your case
• Complete and file essential paperwork
• Represent you in all proceedings, including at trial if necessary
• Update you with case developments regularly
• Answer your questions and concerns and explain how Florida’s wrongful death laws affect your case

You will have the support of the entire Freidin Brown, P.A. team, and we will ensure your voice is heard. We are ready to talk with you about your case. Call 305-371-3666 for a free consultation.

Time Limits Apply to Florida Wrongful Death Cases

Per Florida Statutes § 95.11 (4)(e), the personal representative of the deceased’s estate generally must file the lawsuit within two years of the death. The sooner you contact us, the sooner we can work on your case. We can tell you the timeline and deadlines that apply to your legal matter, and if any exceptions apply.

Wrongful Death Cases We Handle in Florida

Any situation involving negligence can lead to wrongful death, so these cases vary. Examples of cases we handle include:

• Medical malpractice, including medical mistakes, diagnosis errors, and birth injuries
• Motor vehicle accidents, including those that involve drunk driving, speeding, distracted driving, fatigued driving
• Pedestrian accidents, including hit and run, crosswalk accidents, backing up accidents
• Premises liability, including slip and fall cases, negligent security
• Defective products, including medical devices, medications, vehicle parts

How Much Is a Wrongful Death Lawsuit in Florida?

The settlement or award you receive from a wrongful death lawsuit in Florida can cover various monetary losses. It can also account for your family’s pain and suffering.

Every case is different, so the exact amount of money will vary based on the specific circumstances of your wrongful death case. A Florida personal injury lawyer with our firm can help you understand how much a lawsuit might be worth in your situation.

Suing for Wrongful Death in Florida

Suing for wrongful death in Florida involves several steps. Here’s a simplified guide:

• You must prove the death was caused by someone else’s wrongful act, for example, an act of negligence like an accident or a deliberate act like an assault.
• You must gather evidence like medical records, accident reports, and witness statements to support the claim.
• The estate’s personal representative must file the lawsuit in the appropriate Florida court with all the case details.
• Your wrongful death case will go through discovery, settlement negotiations, and finally, a trial if the parties cannot settle.

Common Defenses in Florida Wrongful Death Lawsuits

In wrongful death cases in Florida, defendants may use legal defenses to challenge the lawsuit. These defenses aim to either reduce their liability or negate it. Some common defenses include:

• Comparative fault: In Florida, the court looks at the deceased person’s role in their own death, if any. If the deceased was partly responsible for what happened, the damages awarded to the family can be reduced by the deceased’s percentage of fault.
• Causation: The defendant might argue their actions did not directly cause the death and that other factors were involved or the death was due to an unrelated event.
•  Assumption of risk: This defense is used when the deceased person was aware of the risks involved in an activity and voluntarily chose to take those risks.
• Release or waiver: If the deceased person signed a release form or a waiver of liability for the activity that led to their death, the defendant might use this as a defense. However, the validity and scope of waivers can be challenged in court.
• Statute of limitations: If a lawsuit is filed after Florida’s statute of limitations has expired, the defendant can use this as a defense to have the case dismissed.
• No duty of care owed: The defendant could argue they did not owe a duty of care to the deceased. This defense depends on the relationship between the parties and the circumstances of the incident.
• Self-defense or defense of others: In cases involving intentional harm, such as in a physical altercation, the defendant might claim that their actions were in self-defense or in the defense of others.

The legal team at Freidin Brown, P.A. knows Florida’s wrongful death laws and how to navigate these complex issues. We will gather the evidence you’ll need to protect yourself against defense strategies intended to lower your compensation.

Florida Wrongful Death Claim FAQs

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, the survivors who may be entitled to file a wrongful death claim can include the deceased’s spouse and their adopted or biological children. Other family members who could file a compensation claim can include the decedent’s parents or other relatives who depended on the deceased for financial support.

Florida law says the personal representative of the deceased person’s estate must file the wrongful death lawsuit.  The deceased’s will or estate plan can name this person. The court will appoint a personal representative if the person isn’t named in a will. The laws about who can file a wrongful death action are specific. Your attorney will explain them as they apply to your legal matter.

What Is the Burden of Proof for Wrongful Death in Florida?

In wrongful death lawsuits, the decedent’s family must legally prove three things to win their case:

• That the defendant acted unreasonably careless in a way that caused the death.
• That this negligence directly led to the accident killing the decedent.
• Monetary damages resulted for the family from losing their loved one.

The case must be proved by the  “preponderance of the evidence.” This is the “burden of proof” in these cases. This means the victim’s family must convince the court it is more likely true than not that the defendant’s irresponsible actions were the direct cause of death.

How Long Does It Take to Settle a Florida Wrongful Death Case?

Resolving a wrongful death claim in Florida can take considerable time. Once the parties settle, it takes time to finalize the legal paperwork, ensure they agree on all terms, and fully execute the agreement.

Going to trial can extend the timeline further, but most wrongful death cases settle out of court. So, while the process can be long, most cases are resolved via settlement when your Florida wrongful death lawyer builds a strong case. Patience and dedication to the process are key.

Call Freidin Brown, P.A., for a Free Consultation About a Florida Wrongful Death Case

We realize this may be a difficult time for you and your family. Our compassionate team can explain the legal options you may have for compensation for your loss. Losing a loved one is painful enough without having to navigate a complex legal process alone. Our experienced Florida wrongful death attorneys can provide guidance and support every step of the way.

Call Freidin Brown, P.A. for a free consultation, or reach us by filling out our online contact form. We will give you the personalized attention you deserve and seek justice for your family.