Losing a loved one is difficult under any circumstances. It’s even more tragic when someone’s actions or negligence caused the death. In addition, grieving family members often face many financial challenges, including funeral expenses.
That’s why Florida law allows survivors to file a wrongful death lawsuit. Nothing can replace a loved one who has died, but obtaining a judgment in this type of case can help relieve your financial stress. That way, you can focus on your emotional recovery.
Wrongful death lawsuits can be complicated and confusing, and making any of several common mistakes can hurt your chances of winning your case. You should work with a compassionate and experienced wrongful death attorney to get justice for your loved one.
Considerations for Wrongful Death Cases in Florida
In Florida, the law empowers survivors to file wrongful death lawsuits due to several types of incidents. This includes auto accidents, medical malpractice, drownings, slip-and-fall injuries, dog attacks, injuries from defective or malfunctioning products, and others.
Florida law stipulates the survivors who can receive compensation from a wrongful death lawsuit:
- Spouses
- Minor children
- Adult children if there is no spouse
- Parents of adult children, if no spouse or children exist
- Parents of a minor child
If the court finds that the other party is at fault, it seeks to award fair compensation to the survivors. The court makes this determination based on multiple factors, including:
- The victim’s age and income at the time of death
- Potential earnings had the victim survived
- Lost benefits such as a pension or health insurance coverage
- Incident-related medical expenses prior to the victim’s death
- Funeral and burial expenses
- Loss of spousal companionship
- Loss of parental support and guidance
- The pain and suffering your loved one endured before passing away
- The negative impact on a dependent’s circumstances because of the loss
Our attorneys at Ginnis and Krathen can assist you as you decide how much compensation you will seek following an unlawful death. We’ve even written a helpful, free Wrongful Death Guide with important information about this type of lawsuit.
Choosing a Compassionate Wrongful Death Lawyer
If you’re considering a wrongful death lawsuit, you should find a skilled and experienced lawyer who will give your case the attention it deserves. You should also work with a compassionate attorney who recognizes that you’re grieving and treats you and your loved one’s memory with dignity and respect.
Ginnis and Krathen’s attorneys pursue wrongful death actions on a contingency-fee-basis. That means you pay no upfront costs or fees. We get right to work helping you find answers and get closure. We receive an attorney fee only if the court or an insurance company provides compensation.
Mistakes to Avoid When Filing a Wrongful Death Case
Given the stress these cases cause, it’s not surprising that many families make crucial mistakes in their wrongful death lawsuits. You must keep track of a great deal of information to achieve a fair outcome, including laws, evidence, and wrongful death lawsuit timelines.
Some of the most common mistakes in wrongful death actions are:
- Not gathering evidence that’s necessary to your case
- Not obtaining and reviewing the autopsy report
- Overlooking critical aspects of the circumstances of your loved one’s death
You can avoid these missteps and others by working with an experienced wrongful death lawyer.
You’re Never Alone When You Call Ginnis & Krathen
In the wake of a terrible loss, you may feel isolated and alone. You also may feel emotionally and physically drained. This is especially true as you face financial uncertainty and the prospect of trying to navigate a wrongful death lawsuit.
That scenario changes when you contact a skilled, experienced, caring attorney. Now, you have someone looking out for your interests and advocating on your behalf. Your wrongful death lawyer understands the legal system and what it takes to try a lawsuit or reach a settlement.
Don’t assume—or let anyone tell you—that you can’t or shouldn’t pursue a wrongful death action. If you’ve recently lost a loved one, call Ginnis & Krathen at (954) 710-6672 or fill out the form here. We’ll make your case a top priority for our team and ensure you get the compassionate representation and compensation you deserve.