There’s nothing more difficult than losing a loved one to a random accident. During this painful time, you should be allowed to grieve without having to deal with insurance claims, adjusters, and all of the other business matters that accompany a tragic accident.
If you’ve recently lost a loved one in an accident, you have our deepest condolences. The wrongful death lawyers of Long, Jean & Wechsler, P.A. want to offer you a free, no-obligation legal consultation where you can discuss your rights and the compensation that you’re entitled to. If you hire our firm, you will not have to pay for our legal fees out of pocket. Call today to discuss your wrongful death claim with our compassionate, experienced legal team.
Understanding Wrongful Death Claims
The survivors of a person who was killed in an accident have the right to seek compensation from the responsible parties. In order to be a plaintiff in a wrongful death lawsuit, you must have legal standing. In other words, you had a relationship with the deceased person that the state recognizes.
Under Florida law, only the personal representative of the estate can bring a wrongful death suit on behalf of the survivors. The personal representative may be a close family member or an attorney designated in the will, or the courts can appoint one.
Wrongful death claims can be extremely complicated, particularly when more than one person believes that they have standing. This is why you should seek the advice of a wrongful death lawyer as soon as possible. An attorney can review your case, determine whether or not there are grounds for a claim, and determine who should be the recipient of damages.
The state of Florida has determined that the adult children of the deceased person can receive damages in wrongful death claims. If there are no adult children, the damages fall to the spouse of the deceased, then minor children of the deceased, then the parents of the deceased. However, the personal representative must file on their behalf.
The Elements of a Wrongful Death Claim
In order to file a wrongful death claim in Florida, the following four elements must exist:
- Duty of Care – The defendant has a legal responsibility to act or avoid acting in a particular manner. For instance, drivers have a duty of care to adhere to traffic laws. Doctors have a duty of care to deliver medical care that is consistent with the standards of the industry.
- Breach of Duty – The defendant somehow breached their duty of care. Running a red light would be an example of a breach of duty.
- Causation – The defendant’s breach of duty either caused the accident that led to the death of the victim or contributed to it. In Florida, the plaintiff doesn’t have to show that the defendant is fully responsible for the accident.
- Damages – Wrongful death suits usually have extensive damages. These include monetary damages, such as funeral expenses, medical bills, future lost earnings, and non-economic damages, like the pain and suffering of the deceased and the emotional trauma of the survivors.
Eligibility of Filing a Claim
As was previously mentioned, only the personal representative of the estate can file a wrongful death claim in the state of Florida. This person is not necessarily the recipient of the damages — although their fees may come from the settlement or court award. Damage recipients follow this hierarchy:
- Adult children, if there are any
- The spouse of the victim if there are no adult children
- Minor children in the absence of adult children or a spouse
- The parents of the deceased, if none of the above categories exists
- The nearest blood relative or a named heir
Types of Accidents Covered in Wrongful Death Lawsuits
We represent the estates of individuals who have been killed in the following types of accidents or incidents:
- Car, Truck or Motorcycle Crashes
- Pedestrian Accidents
- Medical Malpractice
- Slip and Fall
- Product Liability
- Boating Accidents
- Drowning
- Firearm Incidents
- Drug Poisoning
- Workplace Accidents
- Criminal Acts/Homicide
There were almost 22,000 accidental deaths in Broward County in 2022. While not all of these deaths are legally actionable, many are.
Source: FL Health Charts
If you are related to one of the tens of thousands of individuals who die in accidents in Broward County every year, contact Long, Jean & Wechsler immediately.
Statutes of Limitations
Most personal injury cases in Florida have a four-year statute of limitations. That means that plaintiffs have four years from the date of the accident to file a lawsuit. However, the statute of limitations for wrongful death is different. For most wrongful death cases, the statute of limitations is two years, and the period starts from the date of death, regardless of when the accident occurs. In other words, if a victim sustains severe injuries in a car accident but then dies three months later, the plaintiff has two years from the date of death. While this may seem like a great deal of time, wrongful death cases require extensive research and planning. Don’t delay. Contact a Pompano Beach wrongful death attorney today.
Who is Liable in a Wrongful Death Suit?
In most cases, the principal defendant is the individual or people who caused the accident. However, the incident may be covered under an insurance policy as well. In this case, the insurance company is a codefendant. In some cases, more than one party may be responsible for the accident. For example, a venue that rents its facility for an event that leads to a wrongful death. In a case like this, the insurer, the property owner, and the event host may all be liable, in addition to any negligent individuals.
Defendants have a financial incentive to downplay their role in a wrongful death. Identifying the responsible parties and apportioning liability is a matter best left to your attorneys.
Gathering Evidence and Discovery
In addition to collecting evidence, your attorney will also review any evidence that the defense intends to use in court, should the case progress to that point. At Long, Jean & Wechsler, P.A., our legal team will review medical evidence, subpoena records, collect police reports, hire independent investigators, solicit the testimony of expert witnesses, and more. We will not proceed with your case until we have a full picture of what happened to your deceased loved one.
Damages and Compensation in Wrongful Death Cases
Under Florida law, there are no caps on compensatory damages. However, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater. Here is a breakdown of the three types of damages a plaintiff can collect in wrongful death cases:
Economic Damages
These are the tangible costs of an accidental death. Economic damages include medical bills, lost wages, future lost earnings, property damage, funeral expenses, and other out-of-pocket costs.
Non-Economic Damages
These types of damages are often referred to as pain and suffering. They include any physical pain or emotional trauma that the deceased experienced before their death, loss of consortium for the family, and other trauma-related factors.
Punitive Damages
This type of damage is often awarded in cases where the defendant’s negligence was egregious, or their actions are intentional. For example, if a pedestrian is killed by a drunk driver, the family may have a strong case for punitive damages.
Because of Florida’s comparative negligence law, a plaintiff can seek compensation, even if they were partially at fault. The plaintiff’s settlement or award is reduced by their degree of liability. Consider a wrongful death case where the plaintiff ran a red light, causing an accident. After investigation, it was determined that the deceased was speeding, and this higher speed was 20% responsible for his death. The plaintiff could then recover 80% of their damages.
Hiring an Attorney for Wrongful Death Cases
You may not have a clear mind after losing a loved one in an accident, but it’s important to secure competent legal representation. Here are a few things you should consider when seeking an attorney:
- Experience – Your case has two prongs: the accident and the death. You want an attorney who has experience with the specific type of accident that ended the victim’s life and with wrongful death claims.
- Contingency Fee Compensation – Wrongful death attorneys work on a contingency basis, which means that you don’t have to pay out of pocket. If an attorney wants to charge you for a wrongful death consultation, do not pay it. Call LJW instead. In Florida, contingency fees are set by the State Bar Association, but ask to see the attorney’s contingency fee schedule before hiring them.
- Testimonials – Check the law firm’s website to see if they have any testimonials of wrongful death cases. If you don’t see any, ask what their wrongful death experience is.
Wrongful Death Claims and Litigation
Most wrongful death cases settle out of court, but a professional law firm will prepare for litigation from day one. When LJW accepts your case, our legal team will:
- Interview you to determine what happened from your perspective, the damages you’re seeking, and what your ultimate objective is.
- Immediately collect evidence, including police reports, M.E. reports, medical records, etc.
- Subpoena witnesses for depositions.
- Calculate damages, including pain and suffering.
- Prepare a demand letter for the insurer or responsible party.
- Negotiate for a settlement.
- File a lawsuit on behalf of the plaintiff.
- Represent the plaintiff in all pretrial motions.
- Litigate the case in the civil court.
- Distribute the proceeds of the settlement or court award to creditors.
Your attorney is your liaison to the defendant. Once you have representation, you should not have to speak to the defense, their lawyers, or insurance adjusters.
Settling Your Case
Within days of the accident, an adjuster from the insurance company will approach you with a settlement offer. If you accept it, they will have you sign a waiver of liability, which means you can’t pursue additional damages. Before accepting any settlement offer, you should sit down with one of our attorneys. We can review the settlement offer for free. If you decide you still want to accept it, you’re under no obligation to hire our law firm. In most cases, the adjuster has significantly undervalued the claim.
We will attempt to settle your claim out of court. But if the defendant isn’t negotiating in good faith, we are prepared to litigate your claim through the judicial process.
Pompano Beach, FL, Wrongful Death Lawyers
Nothing can compensate you for the loss of a loved one. At Long, Jean & Wechsle, we recognize this fact. We can pursue justice for your lost family member on a contingency basis. Call today for a no-obligation, free consultation.
