Losing a loved one is a heart-wrenching experience. It’s even more tragic when their death was the result of an avoidable accident or negligence. The pain of such a loss is beyond words. The void of their absence affects all areas of your life. If they were the primary breadwinner for your family, the financial fallout can be particularly harsh. You deserve not only justice but also compensation to help you cope with your loss.
I’m Christian Ferrer, and I can help. I’m a Miami-based attorney focusing solely on personal injury law. My work is driven by a profound commitment to helping people like you who are facing some of the toughest moments of their lives. My “Excellent” rating on Avvo and numerous five-star reviews reflect the dedication and personal attention I bring to every case.
Addressing All Fatal Accident Claims
I handle wrongful death claims stemming from negligence, such as:
Car accidents: I can seek justice when you’ve lost a loved one due to another driver’s negligence on the road. I handle complex cases, such as accidents involving trucks.
Medical negligence: I handle cases involving medical malpractice by medical professionals. I also handle claims against hospitals, clinics and health care institutions.
Dangerous property conditions: With a thorough understanding of Florida’s premises liability law, I can help you seek compensation for fatal falls, swimming pool drownings and other claims.
In Florida, compensation in wrongful death cases may cover funeral expenses, lost wages and benefits, loss of companionship and more. I will diligently pursue the full compensation that your loved one would have wanted for you.
Florida-Specific Wrongful Death Laws
Florida’s Wrongful Death Act governs who may file a wrongful death lawsuit, what damages may be recovered and how long claimants have to act. Under this law, wrongful death occurs when a person dies due to the negligence, wrongful act, breach of contract or warranty of another person or entity.
Only the personal representative of the deceased’s estate can file a wrongful death claim in Florida. This person is named in the decedent’s will or appointed by the court if no will exists. Eligible survivors could be partially or wholly dependent on the deceased, such as:
- The deceased’s spouse
- Children
- Parents
- Any blood relatives
- Adoptive siblings
Florida imposes a statute of limitations of two years from the date of death to file a wrongful death claim. Missing this deadline means losing the right to recover compensation, regardless of the merits of the case.
Wrongful Death Vs. Survival Actions
A wrongful death claim seeks compensation for the survivors’ losses following a person’s death. It includes things like:
- Loss of support
- Companionship
- Mental pain and suffering
This claim is brought by the personal representative on behalf of the family.
On the other hand, a survival action continues a legal claim the deceased could have brought if they had survived. It might include damages the deceased may have experienced before death, such as:
- Medical expenses
- Lost wages
- Pain and suffering
These claims benefit the estate and are distributed according to the will or Florida’s intestate succession laws.
For example, if someone was injured in an accident and later died due to unrelated causes, a survival action could still allow the estate to recover damages for the initial injury.
On the other hand, if the injury led directly to death, then a wrongful death claim would be more appropriate. In some situations, both actions may be filed together to maximize compensation.
Comparative Negligence In Florida Wrongful Death Cases
Florida follows a pure comparative negligence model. It impacts how much compensation is awarded in a wrongful death case. Under this rule, damages are reduced in proportion to the percentage of fault assigned to the deceased.
For example, if a court finds that the deceased was 30% responsible for the accident and the total damages amount to $1,000,000, the available compensation would be reduced by 30%, resulting in a recovery of $700,000.
When you’re dealing with the loss of a loved one, you shouldn’t have to worry about the legal battle that might follow. Let me handle the legal intricacies of your wrongful death case. My approach involves hands-on involvement, transparency, honesty and consistent communication.
I offer free consultations and a contingency fee structure – meaning there are no attorney fees unless I’m successful. Call Ferrer Law PA at 855-799-8157 to get started.
Wrongful death cases are emotionally and legally complex. Below are detailed answers to common questions to help guide you through the process:
What legally constitutes a wrongful death claim in Florida?
A wrongful death claim arises when a person dies due to the negligent, reckless or intentional actions of another party. This could involve:
- Car accidents
- Medical malpractice
- Defective products
- Criminal acts
The key element is that the death would not have occurred if not for the wrongful conduct of another party, and that conduct would have given rise to a personal injury claim had the victim survived.
How are wrongful death settlements distributed among family members?
Settlements are distributed based on the unique losses suffered by each survivor. If no agreement can be reached among survivors, a court may step in and allocate the settlement fairly based on each person’s relationship to the deceased and level of dependency.
Can I file a wrongful death claim if a criminal case is already proceeding?
Yes, a wrongful death claim is separate from any criminal proceedings. Criminal charges are brought by the state and focus on punishing the defendant, while a wrongful death lawsuit is a civil action that seeks financial compensation for the family.
What evidence is needed to prove a wrongful death claim?
Evidence should clearly establish fault and causation. It includes:
- Accident reports
- Medical records
- Expert testimony
- Witness statements
- Photos or videos of the incident
- Documentation of damages, like funeral expenses or lost income
I can help gather and preserve the right evidence.
How do I choose a wrongful death attorney, and what things should I consider?
Look for an attorney with specific experience in Florida wrongful death cases. Additionally, ask about:
- Their track record
- How they handle communication
- If they offer contingency-based fees
- How involved will they be in your case
Also, go for a compassionate attorney. This is not just a legal matter; it is a deeply personal journey, and your lawyer should treat it as such.