Wrongful Death Lawyer Near You in Stuart, Florida
Serious cases require serious lawyers, and if the unfortunate situation occurs where you lost a loved one then the best wrongful death lawyer you can work with is critical to your case and your family’s recovery. Our skilled wrongful death attorneys provide aggressive, experienced, and compassionate legal advice and support for families who have lost a family member, a child, a parent, or a spouse due to the negligence, carelessness, or intentional actions of another.
We work tirelessly to support surviving family members during this challenging time in their lives so they will be able to make the decisions that will help them and allow them to get the financial compensation they deserve if their death had been determined to be the result of this reckless behavior. We understand that when you lose a loved one in an accident, it takes time to process and grieve; sometimes, family members may become overwhelmed; however, our compassionate Stuart wrongful death lawyers will make sure you are protected financially. Let us help in your recovery; our years of successful litigation of wrongful death lawsuits make our team the right choice for you.
If you have been searching for wrongful death injury lawyers near you, then our personal injury law firm site most likely came up as one of the top notch personal injury firms. And, there is a reason for that, we are known throughout Stuart and the treasure Coast as a firm that will stand up for you, that will fight for you and will seek justice for you. For over 20 years, our firm has been servicing Stuart and the Treasure Coast in wrongful death injury cases; allow our dedicated team to serve you recover fair compensation.
When you lose a loved one in an accident, dealing with the emotional stress can be unbearable; just knowing that your loss may have been preventable can take its toll on the family. It is essential to know your legal rights; that is why when you call our firm, you will speak to one of our dedicated attorneys who will help you evaluate your case. You will not speak to a call center but a lawyer skilled in wrongful death litigation cases.
If your loved one was the primary earner in your household, you have the right to compensate for the lost income and the support you would have received if your loved one was not prematurely taken from you by the reckless behavior of another. We understand that no amount of money will make up for your loss, nor will it help alleviate your pain and suffering, but receiving fair compensation for your loss will help relieve some of the financial hardship you may be facing.
At Shiner Law Group, we want to hear your story, and we want to meet you and talk to you about your legal options moving forward. To learn more about how you can hold those accountable for your loss by filing a wrongful death claim, contact our dedicated team today at 772-777-7700 and schedule a free evaluation with a caring and experienced Stuart Florida wrongful death attorney.
Table of Contents
2. Wrongful Death Laws
3. Selecting Shiner Law Group as your Wrongful Death Attorneys?
4. Common Types of Stuart Wrongful Death Cases?
5. Is it difficult to prove wrongful death lawsuits?
6. What is my wrongful death case worth?
7. What you should expect when filing a wrongful death claim
8. Contact our experienced Wrongful Death Stuart Lawyers for a Free Case Evaluation Today!
Our dedicated team of wrongful death lawyers can help you and your family!
Dealing with the emotional loss after a loved one dies can feel unbearable. You might also soon realize that you’ve lost your family member’s financial support as well. While the concept of “letting go” is one we all have to learn to live with, you shouldn’t let careless parties off the hook for their negligence while you suffer the financial consequences.
For more than two decades, our experienced Stuart wrongful death attorneys have focused solely on helping injured parties recover fair compensation. We’ve developed the kind of experience and highly regarded legal team you want in your corner.
Wrongful Death Laws
Claims for Wrongful deaths in the state of Florida are statutory, which means that damages are determined and controlled through Florida’s Wrongful Death Statute (§ 768.16), which outlines the Florida Statutes that control who may make a claim, the types of damages, etc. A few of the important parts of the Statutes are as follows:
- Fla. Stat. Section 768.20 – Parties. A wrongful death case may only be brought by a Personal Representative of an Estate of the deceased person. The Personal Representative is charged with the responsibility to recover for the decedent’s survivors and estate all damages.
- Fla. Stat. Section 768.21 – Damages. The Personal Representative must identify all beneficiaries and survivors who may recover in the complaint when the lawsuit is filed and their relationship with the decedent.
- The decedent’s survivor can only recover the value of lost support and services from the date of the decedent’s injury to her or his death. In addition, the survivors may recover for future loss of support and services.
- A surviving spouse of the decedent may also ask the jury to award damages for their loved one’s death, which would include a loss of the decedent’s companionship, protection and pain and suffering.
- If there is no surviving spouse, then children of the decedent may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
- The parent of a someone who was killed in a wrongful death accident can also make a claim for damages for pain and suffering.
- The personal representative should also seek money damages for a wrongful death case for medical or funeral expenses.
Again, the personal representative is also able to seek additional financial recovery for the accidental death of a person from the negligent party. It is important to speak with the best wrongful death lawyers in Florida to discuss what money you may be able to recover should you unfortunately ever find yourself in the horrific position of losing a loved one.
Why should you select the Stuart Florida Shiner Law Group as your Wrongful Death Attorneys?
Our experienced team of lawyers has a strong track record of successfully negotiating wrongful death settlements for our clients and, if needed taking these cases to trial and winning a verdict for our clients. We work hard for our clients, and we are committed to receiving justice for the families suffering a loss from a wrongful death accident. Our experts review the evidence of each case to determine the causation of the wrongful death; we identify all responsible parties, gather documentation, investigate each detail, including witness statements, videos, pictures, police reports, damage reports and build a strong case to support the wrongful death claim, we apply our years of experience and in-depth knowledge of relevant Florida law in order to present the best claim and win a favorable outcome.
The sooner you have a team in your corner to investigate and preserve evidence, the stronger your case will be when we present the evidence in court. It is critical that you reach out to us, discuss your case and next steps so we can aggressively pursue a wrongful death action on your behalf to hold those accountable for their actions.
The Shiner Law Group’s personal injury attorneys have a long track record of five-star Google reviews, which I am sure you have read since you searched for a wrongful death attorney near me, and we came up. We stand by those reviews and want to earn your business. We will always do what is right and what is good for our clients; we take these cases personally because we care because you are our neighbors and our friends. It is not about money for us; it’s about family; we take these cases on a contingency fee basis, which means we only get paid if we get a financial settlement. Talk to others who have recommended our firm, read our five-star google reviews; our actions speak louder than our words. Let us partner with you so we may help you win your case; we promise to treat you with the care and respect that you deserve; you will not be just a number; you will be our top priority.
Common Types of Stuart Wrongful Death Cases?
If someone intentionally or recklessly caused an accident, you may be entitled to file a wrongful death lawsuit in Stuart, Florida; our skilled attorneys will work with your family to determine the best course of action. Some of the more common types of wrongful death cases we have seen stem from the following:
- Car accidents
- Motor vehicle accidents
- Commercial Truck accidents
- Motorcycle accidents
- Boating accidents
- Aviation accident
- Train accident
- Medical malpractice or medical negligence
- Pedestrian accidents
- Bicycle accidents
- Rideshare accidents
- Bus accidents
- Premises liability
- Slip and fall accidents or trip and fall
- Negligent security
- Defective products or product liability
- Construction accidents
- Workplace accidents
Surviving family members (spouse, child, parent) might want to consider filing a wrongful death lawsuit if one or more of these situations, listed above, has occurred or in any situation where the victim would have had a valid personal injury claim if they had not been killed as a direct result of the accident. However, in most cases, the best course of action in order to determine if you may have a valid wrongful death claim is to speak to one of our experienced personal injury lawyers here in Stuart. We are ready to listen to you, to hear what occurred, and to help investigate your claims; we will provide you with the best legal counsel and ensure you are treated with compassion.
Auto Accidents are the leading cause for cases resulting in a wrongful death settlement!
Are you aware that the National Highway Traffic Safety Administration maintains details of all auto accidents which occurred in the United States, and based on these statistics, we are able to determine which cities, which streets, which roads, which highways and byways are the most dangerous, we also have the ability to determine the time of day, time of the week as well as the month in which most accidents occur. And, again, wrongful death accidents occur in Stuart and the Treasure Coast just as much as they occur around the country.
The difference between Medical Malpractice and Medical Negligence
Our highly trained legal team knows the difference and can help advise our clients on their potential claims. Medical negligence claims are when a mistake is made caused by a medical professional, which resulted in a patient’s unintended harm or death. A medical malpractice claim, however, is where a medical professional knowingly, for whatever reason, failed to follow the proper standard of care, which resulted in harm or death.
On-the-job accidents or workplace accidents
Common workplace fatalities we see are slips and falls or trips and falls; in addition, we also see employees being struck in the head by falling objects, employees being hit by equipment, or from the wrongful use or storage of Chemicals. If you have been injured while on the job, your first step should be to immediately call first responders to help treat your injuries, record and capture all details relevant to your injury, including photographic evidence and eyewitness testimony. Have someone notify OSHA (Occupational, Safety and Health Administration) and finally call our office. Unfortunately, if there was a wrongful death workplace fatality, we should be called immediately.
Defective Products lawsuits in Stuart
Manufactures, developers and distributors, suppliers, and retailers may be responsible for defective products. We review each case based on its merits, including the instructions on the product, the way it was produced, and how it was transported in order to determine true liability; we will examine all of the evidence in order to determine if others may be responsible as well.
Our firm will determine what occurred and what made the product defective; we will review the way the product was designed in order to determine if it is a design defect, how the product was made in order to see if there was a manufacturing defect or the way the product was sold in order to see if there was a marketing defect. We go into detail on the construction of each product, look at the materials used to create the product, and we review the way the product was manufactured. We also go into detail to determine if it was marketed appropriately if there were proper warning labels that came with the product. Our attorneys are experienced in product liability cases; we go to great lengthens to prove product liability in order to win your case.
Commercial Trucking Accidents in Stuart Florida!
Florida accident data details that there are approximately 30,000 trucking accidents a year, causing over 27 fatalities and over 50 incapacitated injuries, on top of the over 1000 severe injuries reported from trucking accidents each year. Florida is known as one of the most dangerous states in the nation for trucking accidents along 1-95. Call our team of personal injury lawyers today to discuss your injuries or the wrongful death of a loved one, such as a parent, child, or spouse.
The lawyers at the Shiner Law Group have firsthand knowledge of just how dangerous it can be driving in Stuart, and we are experienced in helping our clients navigate the legal process and resolving their wrongful death lawsuits.
Is it difficult to prove wrongful death lawsuits?
Wrongful death lawsuits are civil litigation cases and not criminal; the burden of proof is much lower. However, not all attorneys have the experience or expertise to litigate wrongful death lawsuits. Our lawyers, on the other hand, have over 20 years of experience litigating these complex matters; our dedicated team of professionals prides itself on our past history of successfully winning wrongful death cases to ensure our clients receive a fair and equitable settlement for their loss.
There may be a statute of limitations involving personal injury claims, so reaching out to our firm quickly may help resolve any statute of limitation issues, and it will allow our firm to represent you and your family through this very difficult time. Statute of limitations is a rule that limits the time period one has to file a lawsuit seeking damages; in Florida, the law only permits survivors two years to file litigation.
What is my wrongful death case worth?
In Wrongful death cases, the estate of the decedent has the ability to claim economic damages, including lost wages, missed income, net accumulation, medical bills, and property damages; survivors of the decedent are also eligible to recover damages. On average wrongful death settlements in the state of Florida will vary between $500,000 to $1 million, however as mentioned above, the actual settlement will be determined based on the Florida Statute. Each wrongful death litigation case is different, and not every case will receive the average settlement; some may receive a fraction of the average, and other cases may be more complex and will receive much more. Speaking to an expert, one who has settled hundreds of these types of complex cases, is extremely important in order to better understand your rights as well as the limitations you may encounter when calculating and negotiating a fair and just settlement under the Florida Statutes.
For the State of Florida, available damages for Wrongful Death lawsuits are broken down as follows:
1. Traffic Accidents, Slip and Fall, Trip and Fall, Negligent Security
Who is considered a survivor in these types of wrongful death claims?
A spouse, child, or parents would be considered the immediate survivors in traffic accident wrongful death cases, Slip and Fall / Trip and Fall wrongful death cases, or another personal injury, such as negligent security, wrongful death cases. However, if there are no immediate survivors, any blood relative or adoptive relative may be eligible to file a wrongful death claim.
What type of damages is available in standard Florida wrongful death personal injury claims?
The surviving spouse may be eligible to recover for the loss of their spouse’s companionship, consortium and protection, loss of the spouse’s income and household support, and may sue for mental pain and suffering. Children under the age of 25 may be eligible to recover parental companionship, guidance, direction, instruction, and mental pain and suffering. Adult children over the age of 25 and as long as there is no surviving spouse may be eligible to recover lost parental companionship, guidance, instruction, and direction as well as mental pain and suffering. Parents of the decedent may be eligible to recover from mental pain and suffering as long as there are no other surviving relatives such as a spouse or children.
2. Nursing Home
Who is considered a survivor in a nursing home wrongful death litigation?
A spouse, child, or parents would be considered the immediate survivors in nursing home wrongful death cases. However, if there are no immediate survivors, any blood relative or adoptive relative may be eligible to file a wrongful death claim.
What damages are available in wrongful death cases involving nursing homes?
The surviving spouse may be eligible to recover for the loss of their spouse’s companionship, consortium, and protection, as well as for their mental pain and suffering. Adult children over the age of 25 and as long as there is no surviving spouse may be eligible to recover lost parental companionship, guidance, instruction, and direction as well as mental pain and suffering.
3. Medical Malpractice
Who is considered a survivor in Stuart, Florida medical malpractice wrongful death litigation cases?
Unfortunately, in a medical malpractice wrongful death case, the negligence by a Florida medical professional (hospital, doctor, or nurse) seems to be unfair as only the surviving spouse, or if there isn’t a spouse, then only the children under the age of are able to claim damages.
What are the damages available to recover in a medical malpractice case?
The surviving spouse may be eligible to recover for the loss of their spouse’s companionship, consortium, and protection, as well as for their mental pain and suffering. Minor children under the age of 25 and as long as there is no surviving spouse may be eligible to recover lost parental companionship, guidance, instruction, and direction as well as mental pain and suffering.
What you should expect when filing a wrongful death claim
Clients often wonder what the process is when it comes to filing a wrongful death lawsuit, the following are the steps we will take after we have earned your respect and trust:
- The Client Sign-up process: Your life has been turned upside down, you have been stopped in your tracks by this painful loss, you are wondering what is next, what you should do, who can you turn to for help and guidance. You search the internet for a wrongful death lawyer near you, and our firm is the first call you make. You do not talk to a call center or even a case manager, not a paralegal; you speak to one of our attorneys. We ask you a ton of questions, and you provide us with your history, your story, we listen, we provide you with a brief explanation of the wrongful death process for the State of Florida and have earned your respect, you decide to use our firm, we send you the paperwork, and we are retained.
- Contingency Fee: you may hear or read a lot about billable hours or contingency fees, but you may still be wondering how much this lawsuit is going to cost me. Our Stuart wrongful death lawyers operate on a contingency fee-only arraignment, which means that if we do not recover any damages, you owe our firm nothing. There will be no up-front costs or charges to you. Basically, there is no fee unless we win your wrongful death case.
- Investigation: Once you have signed up with our law firm, we will begin to work on your case; it begins with the pre-suit investigation process; during the period of time, we will obtain certain documentation, including medical records, witness statements, and if needed hire experts to help evaluate and assess the cause of the wrongful death.
- Notice: After we complete our pre-suit investigation, we file a notice of claim to all potentially negligent parties; each notice will depend on the type of claim we are filing. As an example, if we are filing a wrongful death claim for a traffic accident or other personal injury, the notice of claim will be pursuant to Florida Statute §627.4137, if it is a nursing home wrongful death, a notice letter will be sent pursuant to Florida Statute §400.0233, and if it is a medical malpractice wrongful death claim, it will be sent pursuant to Florida Statute §766.106.
- Demand: After all the evidence is collected, our firm will make a demand for settlement to the insurance company; if the insurance carrier offers a reasonable financial settlement and all parties agree, we will settle the case; however, if that doesn’t happen, we will file a wrongful death lawsuit in the Martin County Circuit Court and begin the litigation phase of our case.
- Depositions: Once we file with the court, we will begin to take depositions of witnesses and at-fault parties regarding the facts of the case. In all likelihood, the survivors of the decedent may be deposed of as well, but you do not have to worry as we will be with you every step of the way. When you are deposed, some of the questions will be about your relationship, prior health conditions of the decedent, and the cause of the wrongful death. As nervous as you may be, we will work with you to prepare you for the deposition beforehand. You are only obligated to respond to information you have personal knowledge about, and the response of “I don’t know” is a reasonable response to many questions.
- Mediation: During this process, if the case does not settle, the judge will compel all parties to formally sit down with a mediator, who is someone who assists all parties to discuss the legal dispute and help explore a mutually acceptable resolution.
- The Trial: If there is a failure to resolve the wrongful death claim in mediation, our Stuart wrongful death attorneys will take your claim to court and try the claim before a jury. A trial can take a day or may take longer depending on the complex nature of a case.
Contact our experienced Wrongful Death Stuart Lawyers for a Free Case Evaluation Today!
Selecting an experienced wrongful death lawyer in Stuart, Florida, can be daunting, especially while you are still dealing with the trauma of losing a loved one; rest assured our attorneys would protect your interests and your rights to fair compensation for your loss. To learn more or request a no-obligation, free evaluation, fill out our free online consultation request or call us at 772-777-7700.
At Shiner Law Firm, we mix passion with compassion. We will aggressively pursue justice in order for you to recover fair compensation for the negligence of others. We are here to listen; we want to hear your story, and we will evaluate your case and provide you the guidance you seek, let us help you determine the best course of action.