Coral Springs Wrongful Death Attorney
Losing a loved one to a preventable accident or negligent misdeed is something no family should ever have to suffer. And while no lawsuit can ever replace the loss of someone dear, the
surviving family does have the legal right to pursue financial compensation from the person who was responsible for the accident, medical malpractice, premises liability issue, or defective product or drug that caused the death.
A wrongful death lawsuit may be the only way that survivors can receive justice and recover from the costs related to the accident, especially if the lost loved one was the primary breadwinner for the family. Here’s what you need to know after a wrongful death of someone you love.
Filing a Wrongful Death Lawsuit in Florida
Under Florida law, certain survivors are entitled to take legal action against a person, business, or another entity after a wrongful or negligent act, default, or a breach of contract has cost the life of a family member. The eligible survivors for a wrongful death lawsuit typically include:
- The spouse of the deceased
- Minor or adult children
- Surviving parents
- Other blood relatives or adoptive siblings who relied on the deceased for support
Children whose parents are unmarried are eligible as survivors if their mother passes away. However, they are not eligible as survivors if the father passes away, unless the father had already legally recognized the children as his and had an obligation of support.
When filing a wrongful death lawsuit, the individuals do not usually bring suit. Florida law requires that the decedent’s estate file the lawsuit on behalf of survivors through the estate’s personal representative. This person may be named as a part of the estate plan of the deceased (such as in a last will) or be appointed by the court if there is no estate plan.
Florida law has a strict time limit for wrongful death lawsuits, called a statute of limitations. The law says that the suit must be filed within two years of the date of death, and there are very few exceptions to this. After the two-year period has expired, chances for successful recovery are very slim, so starting the legal process early is important.
We Preserve Important Case Evidence to Prove Your Claim
Consult a Coral Springs wrongful death attorney as soon as possible since evidence can be lost quickly after a life-ending accident. If aware of your loved one’s death, the insurance company is already playing offense and defense under Florida law to protect their rights. Ensure that a legal professional is also looking out for you and your family during this process.
Our Coral Springs wrongful death attorney at Rosenberg Law Firm may preserve the following forms of evidence:
- Photos and videos
- Eyewitness interviews
- Obtaining accident and police reports
- Working with experts
- Documenting financial damages
- And more
Evidence is only one component of proving your case. You will also need an overarching strategy that supports your decisions and prevents legal errors from happening. If you hire Rosenberg Law Firm to represent your wrongful death case our legal team will provide a comprehensive case strategy that seeks to meet your objectives and fights for the insurance settlement you are owed under Florida law.
Florida Wrongful Death Laws Specify Who Can File a Claim
The death of a beloved friend or romantic partner can be just as devastating as losing a family member. However, Florida law specifies who may file a lawsuit seeking compensation for wrongful death. In general, it limits these filings to legally-related family members.
The Florida Wrongful Death Act allows the following individuals to file a claim or lawsuit:
- Surviving spouses
- Dependent children
- Adult-aged children
- Other blood or adoptive relatives
Under the Act, it is the named personal representative of the decedent’s estate who may claim and seek damages. If your loved one did not name a personal representative or leave behind a will, the court will appoint and approve someone who is the most appropriate person to act in the estate’s best interest.
How Our Coral Springs Wrongful Death Attorneys Can Help You
Our legal team has a reputation for obtaining the results our clients deserve. If you choose to hire our Coral Springs wrongful death lawyer at Rosenberg Law Firm, you are working with a legal team who commits to the following:
- Providing Free Consultations
- Taking cases on contingency fees
- Answering your questions throughout the process
- Negotiating aggressively with opposing parties
- Going to court if necessary (this is ultimately your choice)
- Explaining how the law applies to your situation
When you work with us, we will keep you aware of new developments as they arise, and carry out your wishes and decisions while avoiding legal mistakes. This allows us to support the outcome you want and help you get the results you deserve under Florida law. If there is an opportunity to recover compensation, Rosenberg Law Firm will demand every penny you are owed.
Financial Recovery After a Florida Wrongful Death
The type of financial recovery that may be sought depends on the relationship to the deceased. In general, surviving family members may be able to receive compensation for:
- Hospital bills and other medical costs
- The cost of the funeral and other related expenses
- A lifetime of wages that the deceased would have provided for the family
- Loss of benefits or inheritances
- The loss of companionship, love, care, guidance, and support of the deceased
In certain situations that involve severe or malicious wrongful acts, punitive damages may also be awarded to survivors. Punitive damages are designed to punish the wrongdoer and send a message to society by imposing a severe financial penalty to discourage others from acting in a similar fashion.
Contact A Coral Springs Wrongful Death Lawyer
If your loved one died due to someone else’s negligence you need to speak to an experienced wrongful death attorney as soon as possible. Please contact us online or call our Coral Springs office directly at (954) 755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.