Unexpectedly losing a loved one due to negligence is one of the most painful events an individual can experience. If this has happened to you, the last thing you want to think about is finding a wrongful death lawyer during such a difficult time. However, it’s not just essential to find legal representation but also an experienced wrongful death attorney who will help you find justice.
The Pompano Beach, FL, wrongful death attorneys of Long, Jean & Wechsler understand the pain you’re experiencing. Our compassionate, professional personal injury lawyers have helped many South Florida families seek justice through the civil courts. Our client-centered approach means that our legal team prioritizes the needs of grieving family members.
We offer free consultations on all wrongful death cases, and we do not charge the family or estate out-of-pocket for our professional legal advice. Call today to discuss the events surrounding your loved one’s death.
Understanding Wrongful Death Claims
If you’ve been party to a personal injury action in the past, it’s important to know that the laws around wrongful death claims are different in several ways.
Plaintiffs in Wrongful Death Cases
To begin with, only the personal representative of an estate can bring a wrongful death action. This may seem a bit confusing since the law identifies a hierarchy of family members who have standing in wrongful death claims. While the personal representative is the plaintiff, the family member(s) with the highest standing receive the proceeds of the settlement or court award.
Only Certain Family Members Have Standing
Florida law mandates that the family will use the following hierarchical list to determine which family members have standing:
- Adult Children of the Deceased
- Spouse of the Deceased
- Minor Children of the Deceased
- Parents of the Deceased
- Blood Relatives
If there are no adult children, the spouse has standing. If there is no spouse, minor children have standing, and so forth.
Wrongful Death Statute of Limitations
The statute of limitations for most personal injury cases is four years from the date of the accident. In wrongful death actions, the statute of limitations is two years from the date of death, regardless of the date of the accident. This is a significant difference since many deaths occur days, weeks, or months after the accident.
Damages in Wrongful Death Cases
Wrongful death cases warrant the same types of damages as non-fatal accident cases, but there are additional damages that the plaintiffs can seek.
Economic Damages
These are monetary expenses that result from the accident. This would include medical expenses, lost wages, property damage, etc. In wrongful death cases, plaintiffs can pursue damages for future lost wages and funeral expenses, as well. There are no caps on these damages under Florida law.
Non-Economic Damages
Also referred to as pain and suffering, these damages cover intangible costs. In a wrongful death claim, the pain and suffering of the defendant and the survivors are compensable. There are also no caps on non-economic damages in the state of Florida.
Punitive Damages
These non-compensable damages are awarded by the court to penalize the defendant. They are awarded when the defendant’s negligence is egregious, or the death resulted from an intentional act. Florida caps punitive damages at three times the total amount of economic and non-economic damages or $500,000, whichever amount is greater.
Many plaintiff families make the mistake of accepting a settlement offer from the insurance company without speaking to an attorney. When they find out that their claim is worth much more, it’s too late. Don’t ever accept a settlement offer before you speak to a wrongful death lawyer. LJW will review any open settlement offers for free.
Laws Affecting Wrongful Death Claims
Florida law works differently from other states. It’s important to understand the laws affecting your legal claim.
What is a Wrongful Death?
Under FL Statute 768.19, victims have the right to pursue damages when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.” Because the victim of the tort or crime is dead and no longer able to represent themselves, they can be represented by their estate. If they do not have a personal representative, the court can assign one.
Accidental and Intentional Death
Wrongful death can be the result of an accident or an intentional action — in other words, a crime. We represent clients whose family members or loved ones have been injured in the following accident types:
- Car Accidents
- Truck Collisions
- Motorcycle Crashes
- Pedestrian Accidents
- Medical Malpractice
- Slip and Fall Accidents
- Product Liability
- Boating Accidents
- Dog Attacks
- Drowning
- Firearm Incidents
- Drug Poisoning
- Workplace Accidents
- Criminal Acts/Homicide
- Train Accidents
Comparative Negligence
In 2022, there were nearly 22,000 accidental deaths in Broward County alone. If your loved one was among these numbers, you are probably entitled to damages. Even if it turns out the deceased was partially responsible for their own death, you can still collect a portion of the compensation. Under Florida’s comparative negligence law, a plaintiff’s claim is reduced by their proportion of responsibility.
For example, consider a motorcycle accident caused by the driver of a car running a red light. While the accident may have been the fault of the driver, if the rider wasn’t wearing a helmet, the damage amounts could be reduced. If the courts decided that the victim’s failure to wear a helmet was 20% responsible for their death, the survivors could collect 80% of their damages.
Who’s Responsible for Damages?
While some wrongful deaths are caused by a single person’s negligence, many aren’t. Consider a car accident where the person survives the initial incident but dies later as a result of malpractice. Both the at-fault driver and the clinician(s) who failed in their obligation to deliver proper medical care are responsible for the victim’s death. Additionally, both the driver and the medical team carry insurance. It’s your wrongful death attorney’s responsibility to correctly identify the negligent parties and build a case that holds all parties responsible. When the at-fault party is insured, they will generally negotiate with the insurer’s team.
Establishing Liability – The Four Elements
In order to establish liability in any personal injury case, including wrongful deaths, the plaintiff’s attorney must establish the four elements of liability:
1. Duty of Care
In order for a defendant to be held responsible for an accident, they must have had a legal duty of care. Drivers have a duty of care to anyone else using the roadways. Doctors have a duty of care to anyone who seeks their services. It’s important to note that a duty of care does not indicate any relationship between the defendant and the victim.
2. Failure of Duty
The next step for a wrongful death lawyer is to determine whether or not there was a failure of the duty of care. A traffic violation may be a failure of duty, for example.
3. Causation
This element answers the question, “Did the defendant’s failure of duty cause the accident or somehow make it worse?”
4. Damages
There are always damages in wrongful death accidents. It’s the responsibility of your legal team to determine the full scale of these damages.
During our initial consultation, we will determine whether or not all four elements are present. If they are, we can offer you immediate representation.
Gathering Evidence in Wrongful Death Cases
Not only is evidence collection essential to your case, but it will often provide the answers about your loved one’s death that you’re seeking. Among the evidence our team will gather is:
- All photographic or video evidence obtained from witnesses, surveillance cameras, and police investigators.
- Hospital records, police reports, medical examiner reports, and other documentary evidence.
- Witness statements. We will also subpoena witnesses and depose them.
- Expert witness testimony. We will hire medical experts, accident reconstruction experts, and other professionals who can shed light on the incident that led to the victim’s death.
- We will also examine all discovery evidence produced by the defense.
Evidence is crucial to the accident claim. If you have any evidence related to the case, you should provide it to your legal team.
The Importance of Legal Representation
When you’ve just lost a loved one to an accident, the last thing you want to think about is your legal case. It’s also not a time most people can afford to pay a large retainer to a lawyer. Fortunately for you, wrongful death attorneys work on a contingency basis. That means that the attorney only collects their fees at the end of your case. In Florida, the State Bar sets contingency fees. Before you commit to a law firm, you should ask for their contingency fee schedule. Do not pay for a consultation. At LJW, all consultations are free. We only get paid if we’re successful in settling or litigating your case. Here are some of the services we provide:
- Free initial consultation to determine whether or not you have a viable case
- Collect all evidence and discovery evidence from the other side
- Identify and depose all witnesses
- Tabulate all compensable damages
- Submit a demand letter and file a claim with the insurer
- Negotiate with the responsible party or their representatives
- Act as a personal representative for the estate if needed
- File a lawsuit
- Attend pretrial motions
- Litigate the case
- Divide the proceeds of the settlement according to the law.
Negotiations and Settlements
Even though wrongful death lawyers work on a contingency basis, some families are concerned that their fees will significantly diminish the settlement amounts. This is usually not the case. Insurance company initial settlements are often a fraction of the full value of the case. It’s not uncommon that the settlement offer doubles or even triples during negotiations.
When Long, Jean & Wechsler, P.A. represents you, you’ll know how the negotiations are going every step of the way. If we receive a fair settlement offer, we will present it to you. Because wrongful death cases are complicated, this process can take more than a year. That’s why it’s so important to hire a responsive law firm.
Going to Trial
Most civil cases settle out of court or before the jury reaches a verdict. However, it’s essential that your legal team prepares for trial during the negotiations.
The best negotiation tool is having an ironclad case. Should your case go to trial, you may be called upon to testify. We will prepare you for your courtroom presentation. Juries can be unpredictable, which is why insurance companies prefer to settle before the case reaches trial. However, if the defendant refuses to make a reasonable settlement offer, LJW is prepared to litigate the case.
Dividing the Proceeds of a Settlement or Award
Before you can receive the proceeds of a wrongful death claim, other interested parties must be paid. For example, your loved one may have incurred significant medical bills before passing. Your attorney will distribute those funds before compensating you. Other parties with a claim might include a car insurance company that has already paid for the replacement of a vehicle, a funeral home that allowed you to bury your loved one on credit, expert witnesses who have not been paid, etc. Our law firm will also deduct our contingency fees prior to your disbursement.
If there is more than one family member who has a claim to the proceeds, we will distribute them in accordance with the law. For example, if there are three adult children, each will receive a portion.
Pompano Beach Wrongful Death Lawyers
Long, Jean & Wechsler, P.A. represent the survivors of accident victims. We will represent you for free until we settle or litigate your case. Call today for a free consultation.
