Losing a loved one is a terrible thing. When their death was preventable and due to someone else’s negligence, it creates even more stress and confusion for their loved ones. Our Plantation wrongful death lawyers can seek financial accountability from negligent parties.
We understand how difficult this time is and we hope to alleviate the legal stress involved with recovering compensation after a loss. Our Plantation personal injury lawyers will fight for a fair settlement.
At Viles & Beckman, we bring over 40 years of combined legal experience. Contact us today for a free case consultation.
What Types of Wrongful Death Cases Can Our Lawyers Help With?
If your loved one’s death was due to someone else’s negligence, we can help. For example, our Plantation car accident lawyers are here if a drunk driver was at fault. Our Plantation premises liability lawyers can help if a negligent property owner was involved.
Expect More, Receive More: Legal Support That Feels Like Family
Who Can File a Wrongful Death Claim in Plantation?
Under the Florida Statutes 768.18, only a personal representative of the decedent can file a wrongful death claim. Typically, this is someone named in their will. However, if a representative was not named, our legal team can help.
Under the Wrongful Death Act, survivors who are eligible to recover compensation include:
- Spouses.
- Children.
- Parents.
- Dependents.
What Compensation Can Be Recovered After a Wrongful Death in Plantation?
The medical bills and loss of income after a death can be overwhelming, as can unexpected expenses like funeral and burial costs. Fair compensation after a wrongful death seeks to account for both the economic and non-economic burdens of a loss.
You may be able to recover compensation for:
Economic Losses
These can include:
- End-of-life medical care, including ambulance service.
- Funeral costs.
- Burial costs.
- The loss of financial support.
Non-Economic Losses
These can include:
- The loss of emotional support.
- The loss of parental guidance if the decedent had children.
- The decedent’s pain and suffering due to their injuries.
Our wrongful death attorneys in Plantation seek the maximum compensation you are entitled to.
How is Negligence Proven in Plantation Wrongful Death Cases?
Proving negligence depends on the specific circumstances of the case, but your lawyer will carefully investigate to determine all at-fault parties.
Negligence is legally defined by four elements. They are:
- Duty of care: The at-fault party had a responsibility to act safely. For example, all drivers are required to follow traffic laws to keep others on the road safe.
- Breach of duty: They breached their duty of care through careless or reckless actions. For example, drunk or distracted driving.
- Causation: The breach directly led to the loss of your loved one. For example, a distracted driver ran through a red light and caused an accident.
- Damages: There are losses due to the accident.
What is Helpful Evidence in Wrongful Death Cases?
Helpful evidence to prove negligence can include:
- Phone records. For example, to prove distracted driving.
- Blood alcohol or field sobriety test results to prove drunk driving.
- Witness statements.
- Photographs from the accident scene.
- Video footage of the accident.
- Police or incident reports.
- Black box data, if a commercial vehicle was involved.
- Physical evidence.
- Medical records.
What is the Timeline for a Wrongful Death Case?
In Florida, you generally have two years from the date of the death to pursue a wrongful death lawsuit. However, there can be circumstances that extend or shorten this timeframe.
In addition to the statute of limitations, there is another reason to move quickly on your case. Because proving negligence is essential to a successful wrongful death claim, securing evidence early can be vital.
Some evidence, like skid marks, can disappear, surveillance footage from traffic cameras can be overwritten after a certain period of time, and witness memories of the event can fade.
How Does Modified Comparative Negligence Affect Your Case?
Florida uses a modified comparative negligence rule in personal injury and wrongful death cases. This means that even if your loved one was also at fault for the accident, you may still be able to recover compensation.
This applies as long as the injury victim was 50% or less at fault. The percentage of fault can be deducted from the recoverable compensation, though. This makes a thorough investigation even more important, as insurers may argue that your loved one was more at fault than they were.
How Can a Plantation Wrongful Death Lawyer Help With Your Case?
You should be able to use this time to grieve and focus on your family. However, medical bills and end-of-life expenses can quickly add up. Insurers may be pressuring you to settle quickly. We can step in and help get fair compensation.
Our legal team can:
- Investigate to determine all liable parties.
- File all necessary paperwork.
- Handle all communication with insurance adjusters.
- Negotiate for a fair settlement.
- Offer advice on any settlement offers you receive.
- Represent your case in court, if necessary.
- Appeal any denied wrongful death claims.
We are here to support you during this terrible time. Our team will keep you updated, answer your questions quickly, and address any concerns you may have. Our client testimonials speak to our care and commitment to our clients.
What is a Contingency Fee?
At Viles & Beckman, our personal injury lawyers work on a contingency fee basis. This means that we do not charge upfront fees. Instead, you only pay us if we recover compensation for you.
We will discuss our fees at our initial meeting, and we are always transparent about costs throughout the legal process.
Contact a Wrongful Death Lawyer in Plantation Today
During this difficult time, let the legal team at Viles & Beckman fight for you. We won’t take an insurer’s lowball offer, and instead will fight for the fair compensation and financial accountability you deserve.
Contact us today for a free consultation.