Wrongful Death in Florida

Injury Law

Wrongful Death in Ft. Lauderdale / Miami

Wrongful death in Florida covers a wide array of situations where a person’s death results from the wrongful act, negligence, default, or breach of contract by another. This broad definition encompasses various scenarios, such as car accidents, workplace incidents, product malfunctions, medical malpractice, and criminal acts. It aims to provide a legal remedy when a death occurs due to someone’s failure to act responsibly or intentional misconduct.

The Unique Nature of Wrongful Death Claims in Florida

In Florida, wrongful death claims are distinct. They must be initiated by the personal representative of the deceased’s estate, acting on behalf of the estate and surviving family members. This role may be designated in the will or appointed by the court, often a close family member. The representative’s primary duty is to represent the interests of the estate and survivors, making decisions beneficial for all parties involved.

Comprehensive Damages in Florida Wrongful Death Lawsuits

Damages in a Florida wrongful death lawsuit are designed to compensate for a wide range of losses:

  • Medical and Funeral Expenses: Costs related to the deceased’s final illness or injury and funeral expenses.
  • Loss of Earnings: Potential income the deceased might have earned, considering lifespan, career trajectory, etc.
  • Loss of Inheritance: Value of assets the deceased likely would have accumulated and passed on.
  • Value of Services and Support: Compensation for services and support provided by the deceased, like childcare and household maintenance.
  • Loss of Companionship and Protection: Damages for the loss of companionship and protection provided to spouses and children.
  • Mental Pain and Suffering: Compensation for the mental and emotional suffering of the survivors.

Florida’s Specific Provisions for Wrongful Death Claims

Florida wrongful death law includes particular provisions about survivors, time limits for claims (typically two years from the date of death), damage caps (especially in medical malpractice cases), and comparative negligence rules that might reduce damages if the deceased was partly at fault.

Navigating a Wrongful Death Lawsuit in Florida

The wrongful death lawsuit process in Florida involves several critical steps:

  • Investigation and Evidence Gathering: In-depth evidence collection by the personal representative and their attorney.
  • Filing the Lawsuit: Preparing and filing a legal complaint against the responsible party.
  • Negotiation and Settlement: Engaging in negotiations to reach a fair settlement before trial.
  • Trial: If settlement isn’t reached, the case proceeds to trial with jury selection, presentations by both sides, and verdict determination.

Your Best Legal Protection with Attorney Gabriel Carrera

Facing a wrongful death in Florida is incredibly challenging, but you don’t have to navigate it alone. As Attorney Gabriel Carrera, based in Fort Lauderdale, I offer compassionate and skilled legal representation to protect your family’s rights. Understanding your rights is the first step towards seeking justice and healing.

For detailed legal guidance in wrongful death cases, contact me, Attorney Gabe Carrera, at [email protected]. Together, we can work towards justice and compensation for your tragic loss.

To begin addressing your legal concerns, contact me 24/7 at (954) 533-7593 or via email at [email protected].

Main Focus Area

Main Focus Area

Injury Law

Injury Law

Injury Law in Florida is the branch of law that assists people who have been harmed due to someone else’s negligence or deliberate actions.

Family Law

Family Law

Matters of marriage, paternity, divorce, child custody, and support, ensuring the rights and responsibilities of family members are upheld.

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