Florida Wrongful Death Lawyers
Unlike many personal injury cases where incidents of negligence can be remedied with pecuniary compensation, the wrongful death of a loved one is exceedingly complex, emotionally taxing, and financially burdensome.
At the Shiner Law Group, we understand there are few things more unimaginable than losing a family member to another person’s or business’ reckless behavior; however, our seasoned and award-winning law firm is standing by to help you seek justice by holding at-fault parties accountable.
Indeed, the causes of wrongful death are virtually limitless, but the Shiner Law Group is committed to providing legal resources to help claimants secure the financial relief they deserve.
If your loved one has been wrongfully killed due to the negligence of another, contact our experienced and compassionate wrongful death lawyers to review your case in a free consultation. We foster a positive client experience by advising you of your legal rights and responsibilities, answering any questions you may have, and assisting with filing your wrongful death claim.
What Is a “Wrongful Death”?
Florida law defines wrongful death as the intentional or unintentional killing of a person caused by negligence or misconduct, for which surviving family members or beneficiaries of the decedent’s estate can pursue legal action by claiming economic loss as a result of the death.
Florida’s Wrongful Death Act permits claimants to file a wrongful death lawsuit against an at-fault party within our years from the incident, per the state’s statute of limitations; however, as wrongful death cases are often litigated based on the need to restore lost household income, hiring an experienced wrongful death lawyer early can significantly boost a claim’s financial recovery potential.
By showing the negligible party owed and breached a legal duty of care, the claimant can pursue a broad range of economic and non-economic damages, including, but not limited to, pain and suffering, medical expenses, and lost wages. If the family members paid for the funeral, burial costs can also be quantified, as well as lost security, lost inheritance, and reduced quality of life.
Wrongful Death Statute of Limitations
Pursuing a wrongful death lawsuit may provide the necessary compensation to alleviate any financial burden. Note there is a statute of limitations in which to file a wrongful death claim, which varies by state.
The negligent party may go unpunished if the statute of limitations expires because filing a lawsuit can no occur. Only under certain circumstances can filing a lawsuit happen after this timeframe. The possibility for compensation expires with this timeframe.
Filing a Wrongful Death Claim in South Florida
Many wrongful death attorneys understand that victims’ families are not particularly interested in securing legal representation or becoming involved in a lengthy litigation process.
At the Shiner Law Group, we navigate our clients through Florida’s complex legal system to help them recover the maximum compensation available under Florida. While financial relief may not fill the void left by the decedent’s absence, it can significantly reduce the potential for financial hardship.
Our law firm will conduct a thorough and independent investigation of the case, perform legal research, and facilitate insurance negotiations to ensure you do not get caught in insurance traps and pitfalls.
What Does A Wrongful Death Claim Look Like?
When someone’s fatally injured by another persons intentional, unexpected or thoughtless actions, it’s known as a wrongful death.
Someone’s considered negligent when their actions are not reasonable and their behavior is irrational.
For a claim to move forward, a wrongful death attorney must establish negligence, or an action was the cause of death.
Our firm will conduct a thorough investigation, perform pre-trial research, consult with a body of case law, negotiate with insurance companies, initiate the wrongful death lawsuit, and use the discovery process to obtain critical evidence and strengthen your claim.
Here are some common examples of the wrongful death cases Shiner Law Group handles:
- Motor vehicle accidents, including boats, cars, motorcycles, trucks, and airplanes.
- Residential and commercial premises liability.
- Product liability.
- Nursing home abuse and medical malpractice.
- Negligent security cases.
- Alcohol and drug-related accidents.
- Firearm injuries.
What are Damages For Wrongful Death
There are many factors in deciding damages to the surviving family in a wrongful death case.
These considerations can include the survivor’s relationship to the victim, income loss, and each individuals life expectancy.
The relationship of the survivors will also yield varying compensation, such as a spouse, or child.
Each surviving family member may receive a recovery valuing the loss (present and future) of care and assistance from the time of death and any other expenses related to the victim, such as medical bills and funeral expenses.
A court may reward the survivor’s punitive damages as a punishment to deter and dissuade similar future actions.
Finding The Best Wrongful Death Attorney
A personal injury claimis for injuries that occur to an individual. An average personal injury caserequires the injury victim receives medical treatment for the injuries received.
With medical bills and records gathered, a demand letter’s written and submitted for compensation to the responsible parties insurance company once treatment has been completed.
Three (3) reasons compensation’s rewarded:
- Medical Bills
- Pain and Suffering
- Lost Wages
Surviving Family Recoveries
Claimants can recover damages as both a surviving family member and beneficiary of the estate, though the type and amount of compensation available is more substantial for family members.
A spouse may have a separate claim for losses based on the wrongful death victim being unable to contribute or perform specific duties. These contributions were provided before the injury and loss of life.
Wrongful death cases are extremely complex and can be emotionally exhausting and financially be draining.
The professionals at Shiner Law Group can help answer your questions, investigate and build your case, and fight for justice. You’re entitled to compensation for a variety of financial and emotional losses for such as:
- Medical bills and expenses
- Sudden burial expenses
- Loss of care, companionship, and love
- Child or children’s loss of supervision and guidance
- Present and future financial losses
- Emotional distress and suffering
- Lost income, benefits, and services
- Inheritance losses
- Consortium lost
However, much of the negotiations involved in a wrongful death case occurs outside of the courtroom. Our wrongful death lawyers meticulously build your case, craft documents, and gather evidence.
We will build a compelling claim and maximize a victim’s financial recovery potential.
How A Wrongful Death Attorney Can Help
For a wrongful death case, the injured party has died. Medical treatment may have been provided to the deceased; however, future treatment is no longer an issue.
Medical bills are for medical care provided to the injured person before their death.
Lost wages are for the victim not being able to work and support the survivors as a result of being disabled as a result of an injury.
Pain and suffering are awarded based on the perceived disruption and discomfort of the victim’s life and activities as a result of the injuries sustained by the responsible party and their negligent act.