Need A Wrongful Death Lawyer in Fort Pierce?
A Fort Pierce wrongful death lawyer can help assist you in your time of need by holding those responsible for the loss of your loved one. A wrongful death can bring emotional and financial turmoil to a Florida family. Mounting medical expenses, burial costs, loss of income, and insurance negotiations further intensifies a difficult situation. Seeking legal counsel may not be a priority as you struggle to cope through one of the most trying moments of your life; however, as painful as it may be, the statute of limitations in a wrongful death suit in the state of Florida is two years, which makes securing legal representation vital.
The legal complexities involved in a wrongful death case are numerous, and surviving family members gain a significant advantage when they obtain the legal experience of a Fort Pierce wrongful death lawyer who understands the laws governing the underlying causes of injury. Insurance companies and their representatives will seek to minimize their financial liability by employing shifty tactics to reduce, stall, or outright deny insurance claims.
If your loved one has been wrongfully killed due to the negligence of another, contact our award-winning attorneys at the Shiner Law Group. With over 15 years’ experience representing Fort Pierce victims and their families, we have the results-driven acumen to litigate across the full spectrum of wrongful death claims.
Table of Contents
1. Understanding Florida’s Wrongful Death Laws
2. Wrongful Death Statutes of Limitations
3. What is a Wrongful Death?
4. Initiating a Wrongful Death Lawsuit In Fort Pierce
5. Survivors Compensation For A Wrongful Death
6. Searching For A Fort Pierce Wrongful Death Lawyer Near Me
7. How A Wrongful Death Attorney Can Help
8. Speak with a Fort Pierce Wrongful Death Attorney
Understanding Florida’s Wrongful Death Laws
Wrongful death, as defined by Florida law, is when a person is killed due to the negligence or misconduct of another party and is not to be confused with an accidental death, which occurs when a person is killed because of an accident. Wrongful death can assume many forms, such as vehicle accidents, medical malpractice, defective products, or premises liability.
A surviving family member or the descendant’s estate may file a wrongful death lawsuit under Florida’s Wrongful Death Act if the death resulted in a loss of income, property, or other assets. A claimant can recover damages as both a beneficiary of the estate and as a surviving member; however, the types and amount of financial compensation available to survivors are more significant than damages recoverable by the estate.
The categories of damages sought by surviving family members and estates include, but are not limited to, mental pain and suffering, lost protection, services, and support, loss of instruction, companionship, and guidance for a child, as well as medical bills, funeral costs, and burial expenses if paid for by a survivor.
If your loved one’s injuries were not immediately fatal, you may have grounds to pursue a separate survivorship action on his or her behalf. A survivorship action allows a claimant to file a personal injury claim your loved one could have brought against a negligible party had he or she survived.
In the unfortunate event that you have lost a loved one by recklessness, negligence or intentional or unethical actions of another, you may have a case for wrongful death. Pursuing a wrongful death claim may provide the necessary compensation to alleviate any financial burden for the sudden loss.
Wrongful Death Statutes of Limitations
The statute of limitations in which to file a wrongful death claim, which varies by state. The statute of limitations to file a wrongful death claim and a lawsuit in Florida is two years.
What is a Wrongful Death?
Wrongful death is defined as an individual losing their life as a result of unethical actions, carelessness or negligence of another. When this has occurred, a claim can be filed by the surviving family members against the responsible party, to seek maximum compensation for emotional and financial damages.
Here are current wrongful death lawsuits we handle:
- Auto-related accidents, including motorcycle, tractor-trailers, trucks, pedestrians, and busses
- Firearm injuries
- Injuries sustained at work on in the workplace
- Defective products or components
- Nursing home neglect or abuse
- Drug and alcohol-related accidents
- Premises or Property-related injuries with hazardous conditions
- Negligent security
Initiating a Wrongful Death Lawsuit In Fort Pierce
Under Florida’s Wrongful Death Act, two types of plaintiffs can commence a wrongful death lawsuit: his or her surviving family members or the descendant’s estate.
A plaintiff may be entitled as both a survivor or beneficiary of the estate. The types and amount of compensation available to the survivors are much more significant than damages recoverable through the estate. Survivor benefits essentially compensate the family members for their losses suffered due to the death of a loved one. The following are categories of damages survivors may –
- Mental and Emotional pain and suffering
- Lost of support and protection
- Lost of support and services
- Child’s loss of companionship, instruction, and guidance
- Medical bills, burial expenses, and funeral costs *If paid by a survivor.
Survivors Compensation For A Wrongful Death
In situations where negligent or intentional actions lead to wrongful death, the court may reward the surviving family with damages as a punishment to the at-fault party to dissuade or deter future actions.
Attorney David I. Shiner believes in fighting for the rights of those who are dealing with the loss of a loved one. At Shiner Law Group, our team of attorneys understands the challenges surviving family members face during these difficult times, and we are committed to seeking fair and full compensation for your loss.
Searching For A Fort Pierce Wrongful Death Lawyer Near Me
With years’ experience representing personal injury victims and their families in Fort Pierce, Florida, our law office has a proven results-driven approach to overcoming insurance companies’ tactics and getting you the most money our clients deserve. Did you search for a Fort Pierce wrongful death lawyer near me, if so, look no further – at the Shiner Law Group our experienced trial attorneys know how to handle your personal injury case.
At the Shiner Law Group our Fort Pierce personal injury attorneys will provide a free consultation to discuss your case with you and will spend the time you deserve to answer your questions related to your accident. Our clients have told us that when they searched for a wrongful death lawyer the law firm of Shiner Law Group is at the top of the list and our attorneys want to keep up our reputation.
How A Wrongful Death Attorney Can Help
The process of pursuing a wrongful death claim to replace household income may be essential to maintaining a family’s standard of living. Our seasoned legal team will fight to protect your legal and financial interests while taking on insurance companies seeking to deny damage claims. We will investigate the claim, conduct research, facilitate insurance negotiations, consult a network of relevant industry professionals, and determine the appropriate defendants.
Speak with a Fort Pierce Wrongful Death Attorney
If you or someone you love has suffered serious injury, or you have lost a loved one, we welcome you to contact our experienced legal team.
We can evaluate your personal injury claim and advise you of your rights and options.
Commonly asked questions from victims injured in car accidents
What Is Wrongful Death According to Florida Laws?
Wrongful death cases have been defined in Florida Statutes section 768.19. According to Florida laws, wrongful death occurs due to the negligence, wrongful act, default, or breach of contract of another party. The estate of the victim can file a civil lawsuit in the courts to get compensation for the losses. The civil lawsuit is generally filed by the close family members on behalf of the deceased victim’s state.
Persons who can file a wrongful death court in Florida are known as beneficiaries or survivors. Florida laws allow close family members who are dependent on the victim to file a wrongful death case. The spouse, child, siblings, parents, and other blood relatives, as well as adoptive siblings who are dependent on the victim, can file the wrongful death case.
What Steps Should I Take After a Wrongful Death?
If your loved one has died due to the negligence or malice actions of another, you need to file a wrongful death lawsuit against the at-fault party. Remember that the burden of proof in wrongful death cases is on the plaintiff. This means that you have to collect evidence that proves the guilt of the at-fault party beyond any reasonable doubt.
Why Should I File a Wrongful Death Case?
A wrongful death lawsuit can be filed to ensure that the guilty party pays for the losses caused due to negligent or malicious actions. The compensation received from the guilty party can ease the financial burden and stress created due to the demise of the family member.
When and Why Should I Contact a Wrongful Death Lawyer for Filing a Lawsuit?
You need to take action early due to the Florida statute of limitation. This law allows beneficiaries or surviving family members to file a case within two years of the victim’s death. You should contact a wrongful death attorney within the prescribed time limit to file a case against the guilty party. Failing to file a case within the time limit will bar the beneficiaries from suing the at-fault party for the victim’s death.
How Can I Find a Professional Wrongful Death Lawyer Near Me?
Make sure that you contact a wrongful death lawyer who has expertise and experience in filing wrongful death cases in your area. An attorney with experience and knowledge of Florida wrongful death laws will be able to present a strong case in your favor.
You can find a professional experienced wrongful death lawyer by reading online reviews. Make sure that you select an attorney who is courteous and experienced in fighting wrongful death cases. Only select a reputable wrongful death attorney with a successful track record.