How Do I Choose the Best Wrongful Death Attorney in Florida For My Case?
A loved one’s death is a devastating experience that leaves the surviving family members forever changed. When the death is the result of negligence, recklessness, or intentional actions of another, the family left behind is entitled to compensation for their financial costs and emotional pain. An experienced wrongful death lawyer can help them seek justice and recover damages.
So, how do you go about finding not just any personal injury attorney but the best wrongful death lawyer in Florida for your case? You turn to trusted resources, check for proof of experience and success, and look for excellent communication and supportive compassion for your unique case.
To start your search for a Florida wrongful death lawyer, set up a free consultation at the offices of Fran Haasch Law Group Accident & Injury Lawyers. Learn about our approach to wrongful death claims after car accidents, pedestrian accidents, motorcycle accidents, and other instances of another party’s negligence. Find out how we will fight to get you fair wrongful death compensation. Call our offices today for a free consultation.
Florida Laws on Wrongful Death Action
What is the Statute of Limitations on Wrongful Death Claims in Florida?
Under Florida law, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s passing. This means that the personal representative of the decedent’s estate must initiate legal action within this timeframe to preserve their right to recover damages. Exceptions to this two-year limit are extremely rare and typically require evidence of extraordinary circumstances such as fraud or concealment.
Missing this critical deadline can result in the loss of your ability to pursue compensation entirely, underscoring the importance of consulting with an experienced wrongful death attorney as soon as possible. Acting quickly ensures that evidence is preserved, witnesses can be interviewed, and your case is built on a solid foundation for success.
Who Can File a Wrongful Death Lawsuit?
In Florida, the personal representative of the deceased’s estate is required to file a wrongful death claim in order to seek compensation. This representative is typically named in the decedent’s will or estate plan. If no such person is designated, the court will appoint a representative to act on behalf of the deceased’s estate. The courts give first priority to the decedent’s surviving spouse, then children, followed by other dependents. If the deceased was unmarried and had no children, their parents or other relatives may be able to file the wrongful death claim.
What Evidence is Needed to Prove Wrongful Death?
To build a strong wrongful death case, evidence must clearly establish that the death was caused by the negligent, reckless, or intentional actions of another party. The primary types of evidence commonly required include medical records, accident reports, witness statements, and any available photographic or video evidence from the scene of the incident.
Additionally, expert testimony often plays a critical role in proving liability. For example, medical professionals may testify about how certain injuries caused the death, while accident reconstruction specialists can provide insights into how the incident occurred. Evidence of financial and emotional damages, such as documentation of lost wages, medical bills, and proof of the deceased’s contributions to the family’s well-being, is also essential for determining the extent of compensation owed.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Wrongful death damages are designed to compensate the surviving family members and the deceased’s estate for the losses resulting from the wrongful death. These damages are categorized into economic and non-economic losses and can vary based on the specifics of the case.
Economic Damages
Economic damages directly relate to measurable financial losses caused by the wrongful death. These may include:
- Medical Expenses incurred prior to the death, resulting from the injury or illness caused by the defendant’s actions.
- Funeral Expenses and Burial Costs required to lay the deceased to rest.
- Loss of Financial Support, including the income and benefits the deceased would have provided to the family.
- Loss of Services, such as household tasks or childcare that the deceased contributed.
- Future Earnings the deceased would have contributed over their expected lifetime.
Non-Economic Damages
Non-economic damages address intangible losses that do not have a direct monetary value but significantly affect the surviving family members’ quality of life. These may include:
- Loss of Companionship and Protection suffered by the spouse due to the wrongful death of their partner.
- Loss of Parental Guidance and Support experienced by the children of the deceased.
- Mental Pain and Suffering endured by the family as they cope with their tragic loss.
Understanding the full scope of damages available is critical to ensuring that families receive fair and comprehensive compensation for their losses. An experienced wrongful death attorney will meticulously assess the impact of the loss and fight to secure the maximum recovery for the family and the deceased’s estate.
What Should I Look For When Hiring a Wrongful Death Lawyer?
When looking for the best wrongful death lawyer, it is essential to evaluate experience, expertise, and dedication to achieving results. Choosing the right attorney can make a significant difference in the outcome of your wrongful death case. Here are key factors to consider:
Experience in Wrongful Death Claims
You’re not just filing a personal injury claim, so be sure to look for a law firm with a proven track record of handling wrongful death cases. This experience ensures they understand the complexities of these cases, including the relevant laws, procedures, and strategies required to build a strong claim. An attorney who has successfully navigated similar cases will be better prepared to anticipate challenges and advocate effectively on your behalf while negotiating with insurance companies and working within the legal system.
Reputation and Client Testimonials
Researching the attorney’s reputation can provide valuable insight into their professionalism and success rate. Read client testimonials, online reviews, and any available case results to gauge their abilities and commitment to achieving results. A lawyer with a strong reputation for excellence in wrongful death cases is likely to provide the high level of service you need. Be extra thorough by researching both the law firm and the individual wrongful death lawyers.
Strong Communication Skills
Your attorney should prioritize clear and open communication throughout the process. They must be able to explain legal terms, the progress of the case, and your options in a way that is easy to understand. Additionally, they should be responsive to your questions and concerns, ensuring you are kept informed and involved every step of the way.
Resources and Network
A well-equipped wrongful death law firm will have access to the necessary resources to investigate and build your case thoroughly. This includes a network of experts, such as medical professionals, forensic specialists, and financial analysts, who can provide critical testimony and evidence to support your claim.
Compassion and Dedication
The emotional toll of a wrongful death case can be overwhelming. A compassionate attorney will not only fight aggressively for justice but will also provide support and empathy during this difficult time. Look for a lawyer who demonstrates genuine care for your family’s well-being while maintaining a results-oriented focus.
Fee Structure and Transparency
Discuss the fee structure upfront to avoid any surprises later. Many law firms operate on a contingency fee basis, meaning they only get paid if they recover compensation for you. Ensure the wrongful death lawyer is transparent about fees and any additional costs that may arise during the case.
By carefully evaluating these factors, you can select a wrongful death attorney who will represent your family’s best interests and work tirelessly to secure the justice and compensation you deserve. Hiring the best wrongful death lawyer is a critical first step in the process of holding negligent parties accountable for their actions.
Why You Should Choose Fran Haasch Law Group for Your Wrongful Death Lawsuit
When you’re looking for a wrongful death lawyer in Florida, the first office you should call is Fran Haasch Law Group Accident & Injury Lawyers. Our attorneys have pursued and achieved favorable outcomes in wrongful death cases involving car accidents, medical malpractice, defective products, and more. Hear what past clients say about our compassionate and dedicated legal services by checking out the many client testimonials. We will stand by you through every step of the legal process to help you recover compensation for your loved one’s death.
Start with a free consultation to discuss the details of the case. We’ll go over when and how the wrongful death occurred, the financial and emotional burden the family member’s death has put on you and your loved ones, and how we can go about pursuing justice. No amount of money could ever heal the hearts of a grieving family, but a fair settlement can give you the time and space you need to work through this challenging time.
