If you have recently lost a loved one and you believe that their death was due to the negligence or misconduct of another person, you may be wondering if you have the right to file a wrongful death lawsuit. The answer to this question is yes, and you may be able to file a wrongful death lawsuit in Florida.
At The Fran Haasch Law Group, our lawyers are adept at handling all types of wrongful death cases. We understand the emotional and legal complexities involved in these types of claims, so we take the time to listen to you and your story, understand your unique needs, and work to achieve your goals. Serving Clearwater, Tampa, Palm Harbor, New Port Richey, St Petersburg, and the surrounding areas, we are passionate about fighting for you.
Contact an experienced wrongful death attorney today for a free case evaluation.
Why Should I File a Wrongful Death Claim?
The death of a loved one is always a difficult and tragic event. When the death was caused by the negligence or misconduct of another person, it can be even more difficult to deal with.
If you have lost a loved one due to someone else’s negligence or misconduct, you may be able to file a wrongful death lawsuit.
What is a Wrongful Death Claim?
A wrongful death lawsuit is a civil action that can be brought against the person or persons who caused the death of another. A wrongful death lawsuit aims to seek compensation for the damages that the deceased’s family has suffered.
When Is a Death Considered “Wrongful?”
For a death to be considered “wrongful,” it must have been caused by the negligence or misconduct of another person. This means that the death would not have occurred if the person had not acted negligently or wrongfully.
Negligence is a failure to take reasonable care to avoid causing injury or death to another person.
What Do Wrongful Death Lawyers Do For You?
An experienced wrongful death lawyer will help you gather evidence to prove negligence or misconduct. They can help you file the necessary paperwork and represent you in court. Having a wrongful death lawyer by your side will increase your chances of success and help you get the justice you deserve.
Contact a Florida wrongful death lawyer at the Fran Haasch Law Group today for a free case evaluation.
Types of Florida Wrongful Death Claims
Car accidents are one of the leading causes of wrongful death in the United States. If you have lost a loved one in a fatal accident, you may be able to file a wrongful death lawsuit against the at-fault driver or their insurer.
Truck accidents can also be a leading cause of wrongful death. If you have lost a loved one in a truck accident, you may be able to file a wrongful death lawsuit against the at-fault driver, trucking company, or a third party.
If you have lost a loved one due to a defective product, you may be able to file a wrongful death lawsuit against the manufacturer of the product. To win a defective product wrongful death lawsuit, you will need to prove that the product was defective and that the defect caused the death of your loved one.
Chemicals or Exposure to Radiation
If you have lost a loved one due to exposure to chemicals or radiation, you may be able to file a lawsuit against the person or company responsible for the exposure.
If you have lost a loved one due to medical malpractice, you may be able to file a wrongful death lawsuit against the doctor or hospital responsible for the malpractice.
Violent Criminal Acts
If you have lost a loved one due to a violent criminal act, you may be able to file a wrongful death lawsuit against the perpetrator of the crime.
How Does a Florida Wrongful Death Claim Work?
If you believe that your loved one died due to the negligence or misconduct of another person, you should contact a wrongful death attorney as soon as possible. Your attorney will review your case and determine if you have a valid claim. If you have a valid claim, your attorney will file a lawsuit on your behalf and work to recover the damages you are entitled to.
Who Can File Wrongful Death Lawsuits?
Florida law requires the personal representative of the deceased’s estate to file a wrongful death claim. A personal representative may be a family member or not; whichever the case, they file the lawsuit on behalf of the deceased’s surviving family members.
Those eligible to recover compensation may include the deceased’s parents, spouse, children, and any other blood relative or adoptive sibling who was partly or wholly dependent on the deceased.
Other Parties Involved in Florida Wrongful Death Lawsuits
In a Florida wrongful death lawsuit, the surviving family members of the deceased person are typically the plaintiffs. The defendant is usually the person or entity responsible for the death. In some cases, multiple defendants may be liable for the death.
For example, if a defective product causes death, both the manufacturer and the store that sold the product may be held liable. If you are considering filing a wrongful death lawsuit, it is important to speak with an experienced attorney who can help you determine all of the parties that may be held liable in your case.
How to Prove Negligence in Wrongful Death Cases
To win a wrongful death case, you will need to prove that the person or persons who caused the death of your loved one were negligent. This means that you will need to prove that they did not act reasonably and that their negligence resulted in the death of your loved one.
Some examples of things that you may need to prove include:
- The person or persons knew or should have known that their actions could result in death;
- The person or persons failed to take steps to prevent the death from happening;
- The person or persons acted recklessly or carelessly;
- The person or persons violated a safety law or regulation;
- The person or persons failed to warn of the dangers of their actions.
The Statute of Limitations for a Florida Wrongful Death Lawsuit
The statute of limitations is the deadline for filing a lawsuit. Florida’s wrongful death statute is two years from the date of death. This means that you must file your lawsuit within two years of your loved one’s death, or you will be barred from doing so.
How Much Money Can You Get for a Wrongful Death Lawsuit?
The amount of money you can recover in a wrongful death lawsuit will depend on your case’s facts and the damages you have suffered. You may be able to recover economic and non-economic damages and punitive damages.
Punitive damages are designed to punish the person or persons responsible for your loved one’s death and deter others from engaging in similar conduct.
The amount of punitive damages that you can recover will depend on the severity of the misconduct and the financial resources of the person or persons responsible for the death.
Wrongful Death Damages
Depending on the circumstances involved in your situation, in a wrongful death case, you may be able to recover compensation for the following damages:
Economic damages are the financial losses resulting from the death of your loved one. These damages can include:
- Medical expenses for treatment before the victim passed away
- Funeral, burial, and memorial costs
- Loss of income/loss of expected income from the decedent
- Loss of support, including household and child-rearing support
- Loss of medical and retirement benefits
- Loss of companionship, affection, or consortium
- Pain, suffering, and grief
Factors That Impact Your Case
Many factors can impact the outcome of your case, including:
The Cause of Death
The cause of death is one of the most important factors in a wrongful death case. If the death was caused by negligence, such as a car accident, you would need to prove that the other driver was at fault. If a defective product caused the death, you would need to prove that the product was defective and that the defect caused the death.
The Age of the Deceased
The ages of the deceased person and their surviving family members can also impact the case. If the deceased person was young, they may have had many years of life ahead of them. This can result in a larger settlement for the surviving family members. If the deceased person was older, their life expectancy may be shorter, resulting in a smaller settlement.
The Relationship to the Deceased
The relationship of the surviving family members to the deceased person is also a factor. If the deceased person was a spouse or child, the surviving family members may be entitled to more compensation than if the deceased person was a sibling or parent.
An experienced Florida wrongful death attorney can help you understand how these factors may impact your case and fight for the compensation you deserve.
Why You Should Contact a Florida Wrongful Death Attorney As Soon As Possible
An attorney can help you investigate your case, gather evidence, and file your lawsuit before limitations expire. An attorney can also help you navigate the complex legal process, giving you and your family time to focus on grieving.
Can I Still Sue If the Responsible Party Was Arrested?
Yes. Criminal charges and a wrongful death case are two separate matters in many cases. The fact that the person who caused your loved one’s death was arrested at the scene does not mean you can’t file a Florida wrongful death suit.
Even if the person who caused the death is ultimately found not guilty of a crime, you may still be able to hold them liable in a wrongful death suit. If you have lost a loved one due to the negligence or misconduct of another person, you should contact an experienced Florida wrongful death attorney to discuss your legal options.
How Are Wrongful Death Settlements Paid Out?
If you settle your wrongful death case, the amount of money you receive will be paid out to the estate in a lump sum.
In some cases, the person or entity responsible for the death may agree to make periodic payments to the family instead of paying out a lump sum. These periodic payments are known as structured settlements.
How Long Does it Take to File a Florida Wrongful Death Claim?
The amount of time it takes to file a wrongful death claim in Florida will depend on the facts of your case. However, when you contact us for a free case evaluation, we will get started on investigating your case as soon as possible.
Contact one of our wrongful death lawyers today for more information on how long your case will take.
What Our Florida Wrongful Death Attorneys Can Do For You
At The Fran Haasch Law Group, we focus on helping victims, and their families recover. We pursue personal injury lawsuits, and wrongful death claims to obtain full compensation for damages such as pain and suffering, medical expenses, lost earnings, property damage, etc.
With over 20 years of experience, we draw on constant legal and medical research to help clients recover after being injured in motor vehicle accidents in Tampa Bay and the surrounding areas. Founding personal injury attorney, Fran Haasch, is a lifetime member of the Multimillion Dollar Advocates Forum and a member of the American Association for Justice, the Florida Justice Association, and the Tampa Bay Trial Lawyers Association.
Our attorneys are skilled and experienced litigators. We are not afraid to take your lawsuit to trial if necessary. No matter how complicated your case, our firm is here to help you navigate the legal process from start to finish.
We Get You the Compensation You Deserve
At The Fran Haasch Law Group, our wrongful death attorneys understand that no amount of financial recovery can undo what you have been through. However, a fair settlement or jury verdict can ease the financial burden of unexpected medical bills, lost income, and other economic and non-economic damages associated with your accident.
We have obtained multi-million-dollar jury verdicts and settlements in personal injury cases involving auto accidents and claims concerning wrongful death and catastrophic injuries.
Here are a few of our accident case results:
- $1.8 million for our client in Pinellas County who was injured in an auto accident
- $1.8 million for a 33-year-old female client in Hillsborough County who was lawfully stopped for a left-turning vehicle ahead when she was rear-ended by the defendant vehicle, which was then rear-ended by the vehicle behind it, causing the client to feel two impacts. This resulted in multiple back surgeries and an infection which caused the client to be hospitalized several times.
- $1.6 million for a 25-year-old female passenger on a motorcycle when the defendant cut across the client’s path. The client was thrown over 200 feet from the motorcycle. The accident resulted in a fractured leg, broken finger, back surgery, and many other injuries.
- $1.55 million for a 46-year old male in Pasco County who was stopped at a red light on U.S. Highway 19 in Pasco County and was rear-ended by the defendant at a high rate of speed.
- $1.35 million for a client in Pasco County. The defendant turned left in front of our client, causing the client’s vehicle to flip and resulting in many injuries.
- $1.34 million for a 69-year-old male client in Orange County who was in the left turn lane when the defendant came across his pathway while attempting to turn and collided with the client. The accident resulted in multiple severe injuries, including a fractured pelvis, broken ribs, punctured lung, a broken arm that required surgery, and several lacerations.
- $1.3 million for a 33-year-old female client in Pinellas County who was rear-ended while stopped at a traffic light with her three children in the car with her. The accident resulted in multiple surgeries and complications.
- $1.025 million for our client injured in a car accident in Hillsborough County.
- $1 million for a client in Hillsborough County rear-ended in stop-and-go traffic on the interstate.
Contact a Florida Wrongful Death Attorney Today
At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the families of the deceased secure the full, fair recovery they are owed. We offer dedicated legal representation for car accident victims and bicycle, rideshare, and semi-truck accidents victims.
If you feel you have been the victim of a serious car crash through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact our law firm online to get started on receiving maximum compensation for your personal injury case.