Compassionate Wrongful Death Attorneys in Fort Lauderdale, FL
Losing a family member in a tragic accident is terrible, especially when it could have been preventable. Money could never replace a loved one or make the pain and anguish of your loss go away, no matter the amount. But when a family member is unexpectedly lost, the surviving members of the family are often left with overwhelming expenses and no way to pay for them. A wrongful death suit can aid victims’ families in receiving the reimbursement they need to cover these expenses, as well as for their pain and suffering. If you lost a loved one suddenly in an accident, or if they passed away from their injuries after starting their claim, give the caring team at Ginnis, Krathen, & Zelnick P.A. a call. Our Fort Lauderdale accident attorneys have experience filing wrongful death claims on behalf of families throughout Florida and can offer you solace during a painful time in your life.
Contact our Fort Lauderdale wrongful death lawyers online or by phone today for a free consultation at (954) 905-4600. Our firm provides each client with the dedicated service they deserve.
What is Considered Wrongful Death?
A wrongful death claim exists when a person is killed because of the negligence of another person. According to Florida law, survivors can file a claim when their loved one’s death has been caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”
A wrongful death case is typically pursued after fatal vehicle accidents, accidents due to a dangerous or defective product, bike accidents, boating or cruise ship accidents, railroad accidents, aviation accidents, construction accidents, medical malpractice, or any other form of fatality due to negligence. However, the Centers for Disease Control and Prevention (CDC) have reported that car crashes are one of the leading causes of death in the United States. More than 6 million accidents occur annually and 90 people die in crashes every day on average. Because most car accidents are caused by humans such as other drivers, you may be eligible to file a wrongful death claim if your family member passed away in a car accident.
Auto Accident Wrongful Death Attorneys in Fort Lauderdale, FL
Since Florida is one of the largest states in the country by population with a huge number of motor vehicles out on Sunshine State roads, it’s hardly a surprise that Florida ranks near the top for states with the highest number of traffic deaths in the country. If you are one of the many people in Florida who have lost a loved one in an auto accident in the state of Florida, you may be entitled to compensation. Another driver’s negligence may be responsible for the death of your loved one. If this is the case, you can hire auto accident wrongful death attorneys to seek monetary compensation from the responsible parties. Ginnis, Krathen, & Zelnick, P.A. are expert auto accident wrongful death attorneys in Fort Lauderdale, FL who can help you claim wrongful death damages to help pay for medical bills, funeral, burial, and cremation services, a loss of income, and a loss of benefits.
How Much Time Do I Have to File a Claim?
Proving negligence is not easy and wrongful death law is complex. It’s important to have a wrongful death attorney with the experience necessary to bring a successful wrongful death suit.
There is a limited time known as the statute of limitations that you have to bring a wrongful death case. In Florida, it is usually required that you file a wrongful death complaint within two years from the time of death. There are certain exceptions to the rule, but they are limited. If you file your claim even just days after the deadline, it’s unlikely your claim will be considered. An experienced attorney can help you through the claims process to ensure you meet deadlines and have an opportunity to seek justice.
Determining Whether You’re Eligible to File a Claim
In addition to statutes of limitations, each state also has its own rules regarding who can file a wrongful death claim for their loved one. In Florida, wrongful death claims must be filed by the personal representative of the deceased person’s estate. Typically, the representative will be named in the deceased person’s estate plan, or the court will appoint a representative. The personal representative files a claim that represents the interests of all affected family members.
The family members who must be listed in the claim and can recover damages include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Additionally, other relatives who can show they were financially dependent on the deceased individuals have an opportunity to receive compensation, but only after the primary beneficiaries file their claim.
Call Our Wrongful Death Lawyers in Fort Lauderdale to Begin the Healing Process
When you have lost a family member due to the negligence of another, it is devastating, not only because of the emotional and physical pain of dealing with their death, but also the overwhelming financial burden left in the wake of the tragedy. Oftentimes family members are left with medical bills, funeral and burial expenses, insurance issues, and a lot of unanswered questions. A wrongful death attorney in Fort Lauderdale can work with you to make sure those questions are answered, the persons or entities responsible for the negligence are brought to justice, and you get the reimbursement you deserve so you don’t have to worry about money and can just focus on healing.
Ginnis, Krathen, & Zelnick, P.A. is a wrongful death law firm in Fort Lauderdale with the experience and knowledge you need to get the reimbursement you deserve. We realize that no amount of money will ever replace your lost loved one, but we also know that you are overburdened with unanticipated bills and expenses that you can’t possibly pay for on your own. We can work tirelessly to bring a successful wrongful death suit against the responsible parties and fight hard for the reimbursement you deserve.
Call (954) 905-4600 to work with our team of compassionate, award-winning lawyers. We’ve recovered millions for injured clients and families.
Wrongful Death Frequently Asked Questions
How long do I have to file a wrongful death lawsuit?
In Florida, it is usually required that you file a wrongful death complaint within two years from the time of death. There are certain exceptions to the rule, but they are limited. Our Fort Lauderdale wrongful death attorneys can help you through the claims process to ensure you meet deadlines and have an opportunity to seek justice.
Who can file a wrongful death claim in Florida?
In Florida, wrongful death claims must be filed by the personal representative of the deceased person’s estate. Typically, a wrongful death claim is filed by a surviving family member or family members, such as a spouse, parents, or children of a victim. A victim’s brother or sister can even file a wrongful death claim if there is no surviving spouse or if there are no surviving parents or children of the victim.
What compensation is available in a wrongful death case?
In a wrongful death lawsuit in Florida, some of the compensation you may be entitled to includes medical costs incurred as a result of the accident, funeral expenses, lost wages and future lost wages, pain and suffering, loss of companionship, and loss of guidance for minor children.
How is wrongful death different from a personal injury claim?
The difference between a personal injury claim and a wrongful death claim in Florida is straightforward. In a personal injury claim, the victim seeks compensation for the injuries they suffered directly. In a wrongful death claim, the victim’s injuries are fatal, so the representative of their estate seeks compensation.
What types of accidents qualify as wrongful death?
A wrongful death case is typically pursued after a fatal car accident, accidents due to a dangerous or defective product, bike accidents, boating or cruise ship accidents, railroad accidents, aviation accidents, construction accidents, medical malpractice, or any other form of fatality due to negligence.
How is the value of a wrongful death case determined?
Every wrongful death case is unique. How much your wrongful death lawsuit in Florida is worth depends on several factors related to your loved one’s accident. Compensation may include economic damages (medical, funeral expenses, lost income), non-economic damages (such as pain and suffering, and loss of companionship), and in some cases, punitive damages. A Fort Lauderdale wrongful death lawyer can help you build your case and get the compensation you deserve.
Can multiple family members receive compensation in a wrongful death case?
Yes. The family members who must be listed in the claim and can recover damages include the deceased’s spouse, the deceased’s children, and the deceased’s parents. Additionally, other relatives who can show they were financially dependent on the deceased individuals have an opportunity to receive compensation, but only after the primary beneficiaries file their claim. Our experienced wrongful death lawyers in Fort Lauderdale can determine who is eligible to receive compensation.
What evidence is needed to prove wrongful death?
To prove a wrongful death in Florida, four key elements must be established. First, you must show that the defendant owed a duty of care to your loved one. Next, you have to prove the defendant breached their duty of care through negligence. You must also demonstrate that this breach directly caused your loved one’s death. Finally, you have to show that you suffered losses because of your loved one’s passing. An experienced wrongful death lawyer in Fort Lauderdale can help gather the necessary evidence and clearly show how the responsible party’s actions led to your loved one’s untimely death.
Do I need an attorney to file a wrongful death lawsuit in Florida?
No, you are not legally required to have an attorney file a wrongful death lawsuit in Florida. If you are the personal representative of the deceased person’s estate, you can file the claim yourself. However, wrongful death law in Florida is complex. It’s important to have a wrongful death attorney in Fort Lauderdale with the experience necessary to bring a successful wrongful death suit.
What happens if the person responsible for the death is also deceased?
If the person responsible for the death of your loved one is also deceased, their estate’s personal representative becomes the defendant in the wrongful death lawsuit. A wrongful death attorney in Fort Lauderdale can work with you to make sure the persons or entities responsible for the negligence are brought to justice, and you get the compensation you deserve.
