Florida Wrongful Death Attorneys

Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. During such difficult times, seeking justice and holding the responsible party accountable becomes paramount. At Donaldson & Weston, our compassionate team of wrongful death lawyers is dedicated to helping families in Florida navigate the legal process and obtain the compensation they deserve.

As experienced wrongful death lawyers in Florida, we understand the immense emotional and financial toll that the loss of a loved one can have on a family. We are here to provide you with the support, guidance, and legal representation necessary to pursue justice on behalf of your loved one.

Why Turn to Our Wrongful Death Lawyers?

At Donaldson & Weston, we are committed to fighting for justice and advocating for the rights of families who have lost a loved one due to wrongful death. Here’s why we stand out as a trusted choice for families in Florida:

Compassionate Legal Support:

We approach each case with empathy and compassion, recognizing the immense grief and pain you are experiencing. Our team is dedicated to providing personalized legal support, understanding your unique needs, and guiding you through the legal process with care and sensitivity.

Extensive Experience in Wrongful Death Cases:

With years of experience in handling wrongful death cases in Florida, our attorneys possess the necessary expertise to navigate the complexities of these claims. We have a deep understanding of the legal framework surrounding wrongful death and will utilize our knowledge to build a strong case on your behalf.

Comprehensive Investigation:

We conduct thorough investigations to uncover the truth and establish liability. Our team works diligently to gather evidence, consult with experts, interview witnesses, and analyze all relevant information to build a compelling case. Our goal is to uncover the facts and hold the responsible party accountable for their actions.

Strategic Legal Representation:

Our wrongful death attorneys are skilled negotiators who will strive to reach a fair settlement on your behalf. However, if a fair agreement cannot be reached, we are fully prepared to take your case to trial. We will pursue every available legal avenue to ensure that your rights are protected and that you receive the justice and compensation your family deserves.

Committed to Maximizing Compensation:

We understand the financial challenges that may arise following the loss of a loved one. Our attorneys will diligently assess your damages, including medical expenses, funeral costs, loss of income, loss of companionship, and emotional suffering. We will fight to secure the maximum compensation possible to help ease the financial burden and provide a sense of closure.

What Is a Wrongful Death Claim?

Losing a loved one is an immensely painful and heart-wrenching experience. When that loss occurs due to the negligence, recklessness, or intentional actions of another party, the grief is compounded by feelings of anger, frustration, and helplessness. In situations like these, a wrongful death claim can offer a sense of justice and financial relief to the surviving family members who are left behind.

A wrongful death claim is a type of personal injury lawsuit that seeks to hold the responsible party accountable for causing the death of another person. These claims arise from accidents or incidents in which someone dies due to the actions or omissions of another individual, company, or organization. While no amount of money can truly compensate for the loss of a loved one, a wrongful death claim can help families recover compensation for the damages they have suffered, such as medical expenses, funeral costs, lost wages, and emotional distress.

Common Causes of Wrongful Death Claims

Wrongful death claims can arise from a wide range of incidents where someone’s negligence or intentional actions lead to the untimely death of another person. Some of the most common causes of wrongful death claims include:

• Car Accidents: Motor vehicle collisions are a leading cause of wrongful death claims. When a driver is negligent—such as speeding, texting while driving, driving under the influence, or failing to obey traffic signals—they can cause fatal accidents. The surviving family members of the deceased may file a wrongful death claim against the at-fault driver or their insurance company.

• Truck and Motorcycle Accidents: Truck accidents, especially those involving large commercial vehicles, can result in catastrophic injuries and fatalities. Similarly, motorcycle accidents, often caused by reckless driving or poor road conditions, can result in fatal injuries for riders. Families of victims can pursue wrongful death claims against the responsible parties, including the driver, trucking company, or municipality if poor road conditions contributed to the accident.

• Pedestrian and Bicycle Accidents: Pedestrian accidents occur when drivers fail to yield to pedestrians at crosswalks or drive recklessly in areas with high foot traffic. Similarly, bicycle accidents can happen when drivers fail to share the road with cyclists. Both types of accidents can result in fatal injuries, leading to wrongful death claims against the at-fault party.

• Defective Products: In some cases, a defective product can cause the death of an individual. For example, a car manufacturer may produce a vehicle with a faulty airbag system that malfunctions during a crash, or a medical device might fail to function properly, resulting in a fatal injury. In these cases, the family of the deceased can file a wrongful death claim against the product’s manufacturer, distributor, or designer.

• Medical Malpractice: Medical malpractice occurs when a healthcare professional or provider fails to deliver the standard of care required by law, resulting in harm to the patient. In extreme cases, a mistake made during surgery, misdiagnosis, or failure to administer proper treatment can lead to the death of a patient. In such situations, the victim’s family can pursue a wrongful death claim against the healthcare provider, hospital, or medical facility involved.

• Criminal Acts: If a person’s death results from intentional acts such as assault, murder, or other criminal behavior, a wrongful death claim can still be filed in addition to any criminal proceedings. The criminal justice system may hold the responsible party accountable for their actions, but the surviving family members may still seek civil compensation for their loss through a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

In Florida, the law specifies who can file a wrongful death claim. Typically, the surviving family members who were financially or emotionally dependent on the deceased person have the right to file the claim. These may include:

• Spouse: A surviving spouse may be entitled to file a wrongful death claim, seeking compensation for loss of companionship, support, and emotional pain resulting from the loss of their partner.

• Children: Surviving children may also be eligible to file a wrongful death claim, particularly if they were financially dependent on the deceased parent or if they are seeking damages for emotional distress.

• Parents: If the deceased person was a minor or unmarried adult, their parents may have the right to file a wrongful death claim. Parents can seek compensation for loss of companionship and the emotional suffering caused by the death of their child.

• Other Dependent Relatives: In some cases, other relatives who were financially dependent on the deceased, such as siblings or grandparents, may be eligible to file a claim.

Proving Negligence, Liability, and Causation

To win a wrongful death claim, certain legal elements must be proven, namely negligence, liability, and causation. These can be challenging to establish without the help of a skilled attorney.

• Negligence: You must show that the responsible party acted negligently or recklessly. This means that they failed to meet the standard of care that a reasonable person would have in a similar situation. For example, a driver who runs a red light and causes a fatal collision may be deemed negligent.

• Liability: The party being sued must be shown to be responsible for the actions that caused the accident or incident leading to death. This could involve proving that the driver was at fault, the manufacturer produced a defective product, or a healthcare provider made a preventable mistake.

• Causation: The plaintiff must prove that the defendant’s actions directly caused the death of the individual. This may involve gathering evidence such as medical records, accident reports, expert witness testimony, and witness statements.

The Role of a Wrongful Death Lawyer

Proving negligence, liability, and causation in a wrongful death case can be incredibly complex. Often, multiple parties may be involved, and evidence can be difficult to gather, especially if it is time-sensitive or involves expert analysis. Working with an experienced wrongful death lawyer can make a significant difference in the success of your claim. A wrongful death attorney will help in several key areas:

• Investigating the incident: They will conduct a thorough investigation to collect evidence, interview witnesses, and review medical and accident reports to build a strong case.

• Negotiating with insurance companies: Insurance companies may try to minimize their payout, but an attorney will negotiate on your behalf to ensure that you receive fair compensation.

• Representing you in court: If the case goes to trial, your attorney will represent you in court, presenting evidence and advocating for your rights.

• Providing emotional support: While the legal process can be stressful, an experienced lawyer can provide emotional support and guidance throughout the process, allowing you to focus on healing.

What Damages May Be Available in a Wrongful Death Claim in Florida?

As the spouse, child, or parent of a loved one that was lost due to an accident that was caused by someone else’s negligence, you may be eligible to receive monetary compensation for the damages your loved one suffered and that you now suffer. Proof of these economic and non-economic damages will, however, be required.

A skilled wrongful death lawyer can help you to gather thorough evidence of your family’s losses. This may help to strengthen your claim and ward off disputes from the insurer who is likely trying to avoid a substantial payout. It may also help during the negotiation process so that a fair settlement is reached that covers all the damages suffered.

Below is a list of the damages that you may be able to include as part of your wrongful death claim:

• Medical expenses: If your loved one has passed away in the wake of an accident, you may be left to deal with their outstanding medical bills. All accident-related medical expenses, such as hospitalization, treatments, diagnostic imaging, and medication, may be included as part of your wrongful death claim.
• Lost income and financial support: The amount of money that the deceased would have provided for his/ her family in everyday life may be included as part of a wrongful death claim. When calculating this value, factors such as the age of the deceased, their health condition before the accident, and their earning capacity may be taken into consideration. If you relied on your loved one, you may be eligible to receive compensation for your loss of financial support with the relevant evidence to back it up. For example, if the deceased is your spouse, you may be able to claim the value of what you would usually receive from them or the expenses that they covered. If the deceased is a parent that you were still financially dependent on, you may be able to claim financial support until you are self-supporting.
• Funeral expenses: Funerals are an important part of the closure process for the family members of the deceased. Funerals can, however, be quite costly, especially if you are left with other accident-related expenses. If your loved one has died in an accident that was not their fault, you may be able to include the cost of the funeral, burial, and memorial as part of your wrongful death claim.
• Pain and suffering: Not all losses are economic. Your loved one may have been in severe pain and experienced intense suffering after the accident and before their passing. This is a form of non-economic loss that you may be able to include as part of your claim. Your wrongful death attorney can help you to prove the distress that your loved one was in before they died so that their pain and suffering may be compensated.
• Loss of love and companionship: This is another form of non-economic damage that you and your family may experience due to the loss of a loved one. If you have lost a spouse, parent, or child, you may suffer deep emotional distress that you also deserve to be compensated for. You will, however, need a highly skilled lawyer to help you to prove such losses. Some emotional damages the family may face include the loss of love, affection, nurturing, and companionship.

Contact Us Today for a Free Consultation with a Wrongful Death Attorney in Florida

If you have lost a loved one due to wrongful death in Florida, we are here to support you during this difficult time. Contact our dedicated wrongful death attorneys at Donaldson & Weston today for a free consultation. Call us at 386-766-5570 to speak with an experienced and compassionate attorney who can provide guidance and help you seek justice for your loved one.

While we understand that no amount of compensation can fully heal the pain caused by the loss, holding the responsible party accountable can provide a sense of closure and justice. Trust our skilled team at Donaldson & Weston to handle your wrongful death case with compassion, integrity, and a commitment to achieving the best possible outcome for you and your family.