Coral Springs Wrongful Death Attorney

Grief Shouldn’t Include Financial Hardship. Get the Justice and Compensation You Deserve.

Tragedy can strike unexpectedly. Losing a loved one due to someone else’s negligence is devastating. It leaves families facing immense grief and financial hardship. If you’re facing this unimaginable situation, our Coral Springs wrongful death attorney is here for you. We understand the depth of your loss and are dedicated to helping fight for the justice and the compensation you deserve.

Wrongful death is when someone dies because someone else was careless, reckless, or did something on purpose that caused the death. This can happen in cases like medical mistakes, car crashes caused by drunk driving, dangerous products, or work accidents due to carelessness. It can also occur if someone intentionally kills another person.

Key Summary: 

  • Wrongful death encompasses various scenarios, including motor vehicle accidents, medical malpractice, workplace accidents, product liability, and premises liability.
  • A wrongful death claim serves to hold responsible parties accountable and obtain compensation for damages such as lost wages, medical expenses, and emotional distress.
  • Eligibility to file a wrongful death claim in Florida typically falls to the personal representative of the deceased’s estate, benefiting surviving family members.
  • The wrongful death claim process involves consultation with an attorney, determination of eligibility, filing a complaint, discovery, mediation or settlement negotiations, trial, and potential appeal.
  • Damages in a wrongful death claim can include economic losses like lost wages and non-economic losses such as loss of companionship, with punitive damages rarely awarded.
  • In Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of death.

What is Wrongful Death? 

Wrongful death occurs when someone’s death is caused by the wrongful act or negligence of another person or entity. This can encompass a wide range of situations, including but not limited to:

  • Motor vehicle accidents: When a driver, cyclist, or pedestrian dies due to someone else’s reckless driving, distracted driving, or other negligent actions.
  • Medical malpractice: If a healthcare professional’s error or omission leads to a patient’s death.
  • Workplace accidents: When a worker dies due to unsafe working conditions, faulty equipment, or employer negligence.
  • Product liability: In cases where a defective product malfunctions and causes a fatal injury.
  • Premises liability: If someone dies due to dangerous conditions on another person’s property, such as slip-and-fall accidents or faulty maintenance.

Losing someone we love is tough. If someone’s death happened because of someone else’s fault, the family can take legal action by filing a wrongful death lawsuit. If you think you have a case like this, it’s important to understand your rights and what steps to take.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by surviving family members when someone dies due to the negligence or wrongful act of another individual or entity. It serves two main purposes:

  • Holding the Responsible Party Accountable

The legal process serves as a means to seek justice for the deceased and hold the responsible party liable for their actions. This accountability can provide a sense of closure and validation for grieving families.

  • Obtaining Compensation for Damages

Wrongful death lawsuits aim to get money for lost wages, medical bills, funeral costs, and emotional pain. These cases can be complicated. It’s crucial to have lawyers who know the law and can assist the family.

Who Can File a Wrongful Death Claim?

The rules about who can file a wrongful death claim change depending on where the accident happened. In Florida, only the personal representative of the person who passed away can file. This representative is usually named in the person’s will or chosen by the court if there’s no will.

It’s important to remember that the money from the claim is for the surviving family members, not the estate. Here’s who can file and who gets the benefits: 

Who can file?

  • The personal representative named in the deceased’s will, or
  • If no will exists, the person appointed by the court to administer the estate. This is often a spouse, adult child, sibling, or close friend.

Who benefits from the claim?

  • The spouse of the deceased.
  • The children of the deceased, including biological, adopted, and stepchildren.
  • The parents of the deceased if the deceased were not married and had no children.
  • Other dependent family members who can demonstrate they relied on the deceased for financial or emotional support.

Florida law limits the number of people who can benefit from a wrongful death claim. Only those closest to the deceased and demonstrably affected by their loss are eligible.

The personal representative represents the beneficiaries but doesn’t gain financially from the compensation. Their role is to make sure the legal steps are followed correctly. They distribute the money fairly among the eligible beneficiaries.

Wrongful Death Claim Process 

The process for filing a wrongful death claim involves several steps. Here is an overview of the general process:

  • Consultation with a Coral Springs wrongful death attorney

If you believe you have a wrongful death claim, the first step is to consult with an experienced wrongful death attorney. They can evaluate your case, determine if you have legal grounds for a claim, and guide you through the process.

  • Determination of Eligibility

Only certain individuals are eligible to file a wrongful death claim. These typically include the decedent’s spouse, children, parents, or other dependent relatives. This document describes what happened in the wrongful death and how it impacted the surviving family. It also outlines what the defendant did wrong.

  • Filing the Complaint

Once eligibility is established, your attorney will file a wrongful death complaint in the appropriate court. This legal document outlines the details of the wrongful death, including the actions or negligence of the defendant and the damages suffered by the surviving family members.

  • Discovery Process

After the complaint is filed, both parties engage in the discovery process. This document explains what happened in the wrongful death. It includes what the defendant did wrong and how it affected the surviving family.

  • Mediation or Settlement Negotiations

In many cases, the parties may attempt to settle through mediation or negotiation. This can help avoid the need for a trial and expedite resolution of the case.

  • Trial

If a settlement cannot be reached, the case may proceed to trial. During the trial, both sides present evidence and arguments to the judge or jury, who will determine liability and damages.

  • Judgment and Appeal

If the judge or jury finds in favor of the plaintiff, they will award damages to the surviving family members. However, the defendant may choose to appeal the decision, which can prolong the legal process.

The wrongful death claim process can be confusing. The specific steps may vary depending on the circumstances of your case. It’s important to seek help to ensure that your rights are protected throughout the process.

What Type of Damages Can I Recover? 

If you’re considering filing a wrongful death claim, understanding the potential types of damages you might recover is crucial. While every case is unique, here’s a breakdown of the main categories of damages recoverable in a wrongful death claim:

Economic Damages

These losses are directly measurable and aim to compensate for the financial impact of the death. They may include:

  • Lost wages and earning potential
  • Medical and funeral expenses
  • Loss of inheritance
  • Household services

Non-Economic Damages

These aim to compensate for the emotional and intangible losses suffered by the beneficiaries, such as:

  • Loss of companionship
  • Mental anguish
  • Loss of guidance and support

Punitive Damages

 These are awarded to punish the responsible party for really bad or purposeful wrongdoing. In Florida, they are rarely awarded on wrongful death cases. The specific types and amounts of damages recoverable will vary depending on the unique circumstances of your case. 

Evidence plays a crucial role in proving and quantifying damages. This might include financial records, medical bills, expert testimony, and emotional distress evaluations.

How Long Do I Have To File a Wrongful Death Claim?

The statute of limitations for filing a wrongful death claim in Florida is two years from the date of the death. This means you have two years from the day your loved one passed away to file your claim in court. It’s crucial to act ahead and consult with an attorney as soon as possible. If you miss the two-year deadline, it can make it hard to get compensation, and you might not have any legal options.

If the death resulted from medical malpractice, the statute of limitations might differ. There may also be some exemptions that may apply to your case. Consulting a lawyer is important to make sure your case goes well and to improve your chances of winning. They can help you a lot.

Why Do I Need a Wrongful Death Lawyer in Florida?

After your loved one dies tragically in Coral Springs because of wrongful death, you might feel lost and not sure what to do next. It’s hard emotionally, and dealing with a wrongful death claim can be a lot to handle. That’s why having a Coral Springs wrongful death lawyer is so important. 

Here’s how they can help:

  • Determining if you have a wrongful death claim
  • Gathering strong evidence to strengthen your case 
  • Investigating reports, medical records, and other information
  • Consulting with professionals in relevant fields to build your claim 
  • Negotiating a fair settlement with insurance companies
  • Ensuring you obtain maximum compensation 

Even though no money can make up for your loss, having a lawyer can help you get the money you need to keep going. They can make sure you get what you deserve.

Call Our Coral Springs Wrongful Death Attorney Now!

Losing a loved one due to wrongful death leaves emotional scars and financial burdens. While navigating legalities during this difficult time can feel overwhelming, remember you don’t have to go through it alone. Our Coral Springs wrongful death attorney at Rosenberg Law Firm, P.A. understands the unique challenges you and your family face. 

Rosenberg Law Firm, P.A. is dedicated to holding negligent parties accountable. We will fight to recover the full range of damages you deserve to alleviate financial burdens and secure your future. Our team can also assist in estate planning concerns involving trusts, wills, guardianship, and more. 

Don’t wait to seek justice and secure the compensation you deserve. Contact Rosenberg Law Firm, P.A. today for a free consultation. We will answer your questions, assess your case, and explain your options in clear and understandable language.

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