header-logo

Schedule a Free Consultation

WE HELP INJURED PEOPLE

banner-img-inner

Fort Lauderdale Wrongful Death Lawyers Fighting For The Rights Of Grieving Families

Losing a loved one to a needless, preventable death is one of the most heartbreaking situations imaginable. Surviving family members often feel a mix of grief, frustration, and anger. In addition to the emotional pain, families can experience the impact of the loss in a variety of other ways. A wrongful death claim allows families to seek financial compensation from the at-fault party and their insurance company. No settlement can undo the tragic incident, but it can provide economic stability and peace of mind for the family’s future. To discuss your case with a Fort Lauderdale personal injury lawyer with years of experience helping families recover damages, call Kurzman Law Group at 954-406-6464.

What Is A Wrongful Death Claim?

Families can file a wrongful death suit if a person has died due to the negligence of another person or entity. Death is typically a direct result of negligent actions taken by someone else, such as a construction accident or workplace accident. However, indirect actions can also place someone at fault for a fatality. For example, if a manufacturer of car brakes makes a defective product and it causes a fatal car accident, they can be held responsible in a wrongful death lawsuit. In general, if the deceased person could have filed a personal injury claim if they had survived, the family likely has grounds to file wrongful death actions.
Families can also use a wrongful death claim to seek damages for intentional acts, such as murder. Because civil court and criminal court are separate, the outcome of a criminal case has no bearing on civil litigation. In fact, since the burden of proof is lower in a civil case, the defendant may be ordered to pay wrongful death damages even if they were found not guilty in a criminal trial.

Who May File A Wrongful Death Claim In Florida?

Under the Florida Wrongful Death Act, a claim can be filed if the decedent’s death was due to a “wrongful act, negligence, default, or breach of contract or warranty.” In some states, surviving family members can bring their own suits to recover damages caused by their loved one’s death. In Florida, the wrongful death suit must instead be filed by a representative of the decedent’s estate for the benefit of the impacted family members.

The statute of limitations for most personal injury claims in Florida is four years from the date of the accident. However, this timeline is significantly shortened for wrongful death claims. The representative of the estate must begin legal action within two years of the decedent’s passing. To ensure that all necessary deadlines are met, it is recommended to contact an experienced wrongful death attorney as soon as possible. This ensures that your legal rights are protected, and you will not miss your opportunity to seek justice for your loved one’s passing.

Part of a wrongful death claim that can take time is making certain every eligible surviving family member is included in the lawsuit and informed of the proceedings. Under state law, these are the individuals eligible to receive compensation in a wrongful death claim:
  • spouse.
  • Parents.
  • Children under 25 years old.
  • Other close blood relatives or adoptive siblings who were dependent on the decedent for services or financial support.

What Are Common Causes Of Wrongful Deaths?

Any time a loved one dies, it is a tragedy. But that pain is magnified when the death could and should have been prevented. Almost any scenario where a victim dies in an accident where someone else’s negligence played a role can be a wrongful death situation. Some of the top accidental causes of wrongful death include:
  • Bus accidents
  • Car accidents
  • Commercial truck crashes
  • Product liability injuries
  • Medical malpractice
  • Fatal accidents occurring during a supervised activity
  • Motorcycle wrecks
  • Nursing home abuse
  • Birth injuries resulting in death
  • Child care accidents
  • Premises liability accidents
  • Accidents involving explosions, fire, or dangerous fumes
  • Workplace accidents
As mentioned, intentional or criminal acts can also provide a family with a basis to file a wrongful death claim. This is true regardless of the status of the criminal proceedings against the defendant. Situations where criminal and civil court cases may overlap include:
  • Murder
  • Vehicular manslaughter
  • Firearm accidents
  • Fatal assaults, including domestic assault

What Damages Can A Wrongful Death Lawyer Help You Recover?

The death of a close family member can be emotionally devastating. Unfortunately, this loss can also trigger a financial disaster for those left behind, particularly if the decedent was the primary provider for the family. A wrongful death claim cannot undo the tragedy of losing a loved one. However, it can help return the family to a place of financial stability and ensure they are not struggling economically while grieving. A wrongful death attorney can help you seek compensation from the liable party for economic damages related to your family member’s passing, such as:

  • Funeral and burial expenses.
  • Outstanding medical expenses from the accident.
  • Pain and suffering were endured between the accident and the decedent’s death.
  • Loss of future services.
  • Loss of consortium.
  • Loss of parental guidance and companionship for the decedent’s children.
  • Mental pain and emotional trauma experienced by the family.
  • Loss of inheritance.
  • Loss of future support.
In some cases, the court may also believe there is value in awarding punitive damages to the family. Punitive damages are a monetary way of punishing an offender for their actions. In cases where gross negligence or malice played a role in the victim’s death, the court may use punitive damages to discourage others from committing the same actions in the future, thereby saving other families from similar hardship.

How Can A Compassionate Wrongful Death Lawyer Assist You?

The sudden loss of your loved one can be overwhelming. In addition to grieving, family members must handle all the paperwork, documentation, and other legal aspects of a person’s passing. Sorting out finances can be incredibly challenging if no will is involved. While the last thing you may be thinking about is a legal action, it can be crucial to consult with a trusted lawyer promptly after the incident. Being proactive ensures that your wrongful death case will be filed within the short time frame allowed by state law. It also provides your legal representative ample time to investigate the accident while the evidence is still available.

A fair settlement must consider various crucial elements related to your family’s current situation and how the loss of your loved one will continue to impact you through time. To calculate the damages your family has suffered, a skilled lawyer from Kurzman Law Group will take the time to fully understand the circumstances of the case, including:

  • How the accident occurred.
  • The ages and care needs of surviving family members.
  • The financial toll caused by the losses.
  • The victim’s age, health, and life expectancy.
  • The victim’s earning history and potential future income.

We understand that you are going through one of the most challenging times of your life, and we strive to handle your case with the care and compassion you deserve. At Kurzman Law Group our legal team takes wrongful death cases on a contingency basis, so you owe nothing unless we secure a settlement for you. Contact our law firm to schedule a free case evaluation to learn about your legal rights and options: 954-406-6464.

footer-logo
Location
Get Directions
Contact
Connect With Us
Facebook-f Instagram Linkedin-in Youtube
© 2024 Kurzman Law Group, P.A.
Scroll to Top