Winning a wrongful death suit in Florida depends on your legal team’s ability to meet specific legal criteria. At Ginnis, Krathen, and Zelnick, our wrongful death lawyers are your guide every step of the way, from your free consultation to the conclusion of your case.
Learn what constitutes a wrongful death case, why hiring an attorney is vital, and how our team can navigate the complexities of your claim.
Is My Case Considered Wrongful Death?
Determining if your case qualifies as a wrongful death claim involves understanding several key factors. According to our wrongful death lawyers, here’s what you need to know:
Different Causes of Wrongful Death
Wrongful death can result from various situations, such as medical malpractice, car accidents, workplace accidents, and defective products. Each scenario involves different legal nuances and requirements for proving fault and causation.
Causation
For a wrongful death claim to be valid, it must be proven that the negligence or misconduct of another party caused the death. This involves gathering evidence to establish a clear link between the defendant’s actions and the fatality.
Assessment of Damages
In a wrongful death lawsuit, the family of the deceased can seek compensation for various damages as outlined by Florida’s wrongful death statute.
This includes lost support and services, loss of companionship and protection for the surviving spouse, mental pain and suffering for children and parents, as well as medical and funeral expenses. The decedent’s estate may also recover loss of earnings and prospective net accumulations.
Statute of Limitations
Knowing the statute of limitations for filing a wrongful death lawsuit in Florida is important. Generally, you have two years from the date of death to file a claim, and missing this deadline can result in losing your right to seek compensation.
Variables That May Impact Your Wrongful Death Lawsuit
Several variables can influence the success of a wrongful death lawsuit:
Proof of Negligence
Demonstrating negligence is fundamental. This requires showing that the defendant owed a duty of care to the deceased, breached that duty, and caused the death as a result.
Quality of Evidence
The strength and quality of evidence, such as medical records, accident reports, expert testimonies, and witness statements, can significantly impact the outcome of your case.
Degree of Fault
According to Florida’s new comparative negligence laws, if the deceased was more than 50% responsible for the incident, their family would be barred from recovering compensation.
Under this modified comparative negligence system, if the deceased was 50% or less at fault, the compensation would be reduced proportionally by their percentage of fault. This change, enacted through HB 837, aims to balance the allocation of responsibility in personal injury claims.
Evaluating Duty of Care and Breach
Clearly establishing that the defendant had a duty of care and breached this duty is essential for a successful claim. This involves detailed legal analysis and factual investigation.
Compensation Aspects
Assessing and accurately calculating the full extent of damages, both economic and non-economic, is crucial for ensuring fair compensation.
Following Deadlines and Being Timely
Meeting all legal deadlines and procedural requirements is vital to keep your case on track and avoid dismissal.
Consequential Damages
For a comprehensive claim, it is important to consider long-term impacts, such as loss of future earnings and ongoing emotional distress, in addition to immediate damages.
Wrongful Death Lawyers You Can Trust
As a boutique firm, we provide personalized and dedicated attention to each case, ensuring our clients feel supported throughout the legal process. We handle every aspect, from investigation to litigation, starting with a free consultation, allowing you to focus on healing and moving forward.
Our attorneys have extensive experience in wrongful death cases, giving us the expertise to navigate complex legal challenges and achieve favorable outcomes. Our track record of successful case results speaks to our commitment and ability to secure justice and compensation for our clients.
Work With Ginnis, Krathen & Zelnick Today
At Ginnis, Krathen & Zelnick, we’re committed to helping you navigate your wrongful death lawsuit and achieve the justice and compensation your family deserves. Contact us today to schedule your free consultation and get started.