Did you lose a loved one in an accident in Wellington, Florida? Our experienced Wellington wrongful death lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (561) 777-7700 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Wellington law offices to discuss the legal options that might be available to you following your wrongful death accident. The next steps are very important. Let Shiner Law Group help you with your wrongful death case today.
Did You Lose A Loved One To A Wrongful Death in Wellington?
Our wrongful death attorneys in Wellington, FL understand that you are going through an extremely difficult time. We are sorry for your loss and are here to help you recover the financial resources to move forward. Whether you’re seeking out compensation for pain, suffering, medical bills, loss of income, or anything in between, our team has the firepower and pedigree to help you get your life back on track the soonest.
We are champions for pursuing justice and believe that those responsible for the death of your loved one should be held fully accountable for it. While it might not have been deliberate, negligence is not an excuse when dealing with something as precious as human life. Contact our Wellington, FL law offices to discuss the legal options available to you following your loved one’s wrongful death.
What is a Wrongful Death in Wellington?
According to Section 768.19 of Florida Statutes, a “wrongful death” occurs when a person dies due to someone else’s negligence, wrongful act, violation of a contract, or warranty.
In other words, the death of your Wellington family member must be in one of the following categories to qualify as wrongful death:
- A negligence-based act (e.g. car accident)
- Medical malpractice
- Defective product
- An intentional act (including crime)
A wrongful death claim differs from homicide and murder in that the case is brought to civil court rather than criminal court. The main purpose of a wrongful death lawsuit is not to punish the defendant for breaking a law, but rather to compensate the deceased’s surviving loved ones (the plaintiffs) for their loss.
Who Can File a Wrongful Death Claim in Wellington?
Under the Florida Wrongful Death Act, only two parties are eligible to file a Wellington wrongful death lawsuit:
- The personal representative of the descendant’s estate
- His or her surviving family members
A personal representative is the person named in the deceased’s will or elsewhere in the estate plan. When the estate plan does not list out a personal representative, or the deceased did not leave behind an estate plan, the court usually appoints the surviving spouse to serve as personal representative. If there’s no surviving spouse or the surviving spouse declines to serve, the person (or institution) selected by the majority of the decedent’s heirs will be appointed as the personal representative. Otherwise, the court will have to step in and make a judgement.
Survivors of Wrongful Death Victims in Wellington
Other than the descendant’s estate, Florida’s Wrongful Death Act also allows for survivors to pursue damages in wrongful death lawsuits. Survivors often include:
- The deceased’s spouse
- The deceased’s children (children under the age of 25, notwithstanding the age of majority, which includes a child born out of wedlock of a mother, but not the child born out of wedlock of a father, unless the father has a recognized responsibility for supporting the child)
- The deceased’s parents
- The deceased’s adult children (if there’s no surviving spouse)
- Any blood relatives or adoptive brothers and sisters (when partly or wholly dependent on the deceased for support or services)
Other relatives who depended on the deceased individual for financial support may be eligible as well, but only after the primary beneficiaries listed above have had a chance to file a claim.
Types of Wrongful Death Claims in Wellington
The Wellington wrongful death attorneys at Shiner Law Group have represented thousands of clients in and around the Wellington area for more than 15 years. We have a proven track record of taking on challenging cases and winning them. Over the years, we have obtained multi-million dollar damage awards, and we always work hard to secure compensation for your losses.
Here are some of the most common types of wrongful death cases in Wellington, FL:
- Auto-related accidents, including motorcycle accidents, truck accidents, tractor-trailers, buses, and pedestrians
- Injuries sustained at work or in the workplace
- Firearm injuries
- Defective products or cases
- Premises or property-related injuries
- Construction site deaths
- Nursing home abuse or neglect
- Drug or alcohol-related accidents
- Negligent security
Damages Available in Wellington Wrongful Death Cases
In Wellington, a plaintiff may be eligible for damages both as a survivor or beneficiary of the estate. However, the types and amounts of compensation available to survivors are much more significant than damages recoverable through the decedent’s estate.
The following are categories of damages survivors may seek damages for:
- Pain and suffering (both mental and emotional)
- Medical expenses
- Lost wages
- Lost future earnings
- Loss of consortium
- Burial expenses
- Funeral expenses
- Lost inheritance
- The financial equivalent of household services the deceased provided, such as lawn maintenance, cleaning, cooking, and shopping
A significant factor in calculating these damages is the age and life expectancy of the victim when the fatal accident occurred, particularly in reference to lost wages. When a child unexpectedly loses a parent, for instance, there may be many years of potentially lost wages that the surviving child is entitled to.
In extremely rare cases, punitive damages may also be available in certain wrongful death claims. Unlike the above damages, punitive damages are intended to punish the defendant and not compensate heirs and beneficiaries of the deceased. Punitive damages are only awarded when the actions of the defendant are deemed to be an incomplete disregard for the safety and health of a person or wanton or willful in nature.
The Statute of Limitations for Wrongful Death Cases
We know your loss stings. It’s left a deep hole in your heart. However, you could lose out on valuable compensation if you wait too long to assert your rights. That could make your situation even more challenging than it needs to be.
Under Florida’s statute of limitations for wrongful death cases, victims’ families only have two years to take legal action against the negligent party who caused their loved one’s injuries and, ultimately, death.
When the designated two-year period eclipses, the estate’s personal representative or survivor is barred from filing a claim and the heirs and beneficiaries will be forced to forfeit all damages. To avoid such a scenario, it’s crucial to file a wrongful death claim as soon as possible.
You’ve got enough to think about without the added stress of a lawsuit. Let the compassionate wrongful death attorneys at Shiner Law Group help. We’ll handle all aspects of your case from start to finish. This will give you adequate time to grieve and focus on moving forward. All you have to do is call our seasoned attorneys in Wellington for a free, no-obligation case review. It’s that simple.
How Our Attorneys Will Help You Build a Strong Wrongful Death Case
Our team will use our decades of experience to build a strong case, helping to prove that the death of your loved one was indeed the result of another party’s actions or inactions. If you retain us, we will immediately get to work, performing tasks which may include:
- Obtaining all police, incident, or accident reports
- Interviewing witnesses
- Conducting site visits, taking photographs, and securing video footage (if available)
- Collecting all EMS, medical, and hospital records
- Consulting with accident reconstruction experts
- Consulting with a medical expert to determine the full extent of the injuries
- Hiring an economist to calculate all economic losses
- Countering all bad-faith tactics by insurance companies
- Preparing your case for trial before a jury (if necessary)
Reach out to us today for a free case evaluation. We want to use our vast experience to fight for the compensation you deserve.
Searching for a Wellington Wrongful Death Lawyer Near Me
Did you search for a Wellington wrongful death lawyer near me? If so, look no further than the Shiner Law Group—our empathetic, highly-experienced attorneys can figure out whether you have a case, and help you file a claim to get the compensation that you deserve.
If there’s one thing we’re well-known for, it’s our dedication and commitment to answering client questions in their entirety. In the relentless pursuit for justice, every second counts. That’s why we’ve put together a highly responsive team to meet your needs at your earliest convenience. Our passionate legal bench can help you navigate the complex legal process of filing a wrongful death claim near Wellington, FL. We are available to help you today.
Wellington Wrongful Death FAQ’s
Here are the frequently asked questions from victims in car accidents:
1. How Do I Get the Most Money for My Case?
Evidence is crucial in order to get top dollar for an injury case in Wellington. This means there must be proof of who was at fault for the accident and that the accident caused your injuries. Witness statements and police reports go a long way in proving fault while detailed medical records from qualified doctors (many times neurologists or orthopedics) are used to show the cause and extent of the injuries. At Shiner Law Group, we work to build a strong case in order to seek maximum compensation for our client’s injuries.
2. Should I Talk to the Insurance Company?
Refrain from talking to anyone at the insurance company—including their adjusters and defense lawyers. Insurance companies are experts at playing dirty tricks, and they may even record phone conversations during which they may lure you to contradict yourself. In so doing, you might end up handing them valuable testimony on a silver platter. If we are your lawyers, we will do the talking for you so you don’t become a victim of the insurance company cheap tricks that are designed to deflate the value of your claim.
3. What are the Main Elements of a Wrongful Death Case?
To be successful with a wrongful death claim in Wellington, plaintiffs must prove that:
- Their loved one’s death was caused by the defendant or the defendant’s actions or lack of action contributed to the death
- The death occurred as a direct result of the defendant’s negligence or wrongdoing
- The decedent’s death affected family members, survivors, or dependents financially
- The loved one’s death resulted in expenses or monetary damages
If you choose us to represent you, best believe we’ll prove each of these elements beyond reasonable doubt and set you on your way to earning the restitution you rightfully deserve.
4. Why Should I Contact a Wrongful Death Attorney for Filing a Lawsuit?
Oftentimes in an accident injury situation, an insurance company will be your opponent. They’ll go out of their way to deny or minimize your claim—that’s how they make money. Our goal is the opposite. We develop a solid settlement package presenting our client’s case, often resulting in our clients getting 10 or 20 times more compensation than what the insurance company might offer for the claim.
Speak With a Wellington Wrongful Death Attorney Today
The attorneys at Shiner Law Group understand that no amount of money can ever make up for the untimely death you cared for so deeply. We also know that you are in an extremely difficult situation that requires greater financial resources than you likely have right now, and we want to help in this regard. Please contact us to request a free review of your case. The Wellington wrongful death lawyer you meet will let you know if you have a valid wrongful death case and explain each of the next steps on your quest for justice. Serving you is our greatest pleasure.