Okeechobee Wrongful Death Lawyer
Losing a loved one is devastating, more so if their death was caused by someone else’s negligence or irresponsibility or ill-advised actions that resulted in a casualty. With a wrongful death like this, Florida law allows survivors or dependents of the deceased to pursue a wrongful death claim versus the at-fault party. While money can never replace the departed, a successful wrongful death claim can give much-needed compensation and a form of justice to the survivors.
If you’re the spouse, child, parent, or close dependent of the deceased, reach out to a trusted wrongful death lawyer. In the Okeechobee area, the office of Philip DeBerard, Injury Attorney is trusted by the community due to our firm’s winning track record combined with family-like service to our clients. We can counsel you on your rights under the law and fight for the recoveries you’re entitled to, while providing you with sincere sympathy during this trying time.
Talk to one of our attorneys for free to see how we can advocate for you. We will not charge you any attorney fees until we’ve obtained compensation for you.
Do You Have a Wrongful Death Claim in Okeechobee?
Many forms of negligence result in avoidable deaths in the Okeechobee area.
Some events that lead to wrongful deaths include car, bike or motorcycle accidents, truck wrecks, pedestrians getting struck, job-related accidents, medical malpractice, childbirth injuries, and accidents caused by defective products.
Not all casualties can be grounds for a wrongful death claim. If you believe that someone else is responsible for your loved one’s demise, you should consult a wrongful death attorney to assess the situation and see if you have a claim. A wrongful death claim must have the following elements:
- The at-fault party had a duty of care concerning the deceased. ”Duty of care,” in legal terms, is an obligation to act with sensible care around others. For instance, a vehicle driver has the obligation to move safely among other motorists, and a building owner has the obligation to keep their premises are hazard-free for guests.
- The responsible party breached their duty of care. In car accidents, examples of failing or breaching the duty of care could be exceeding the speed limit, driving under the influence, and failing to obey traffic signs.
- The failure directly caused the death. You and your attorney must establish that the decedent’s death was generated by the liable party’s negligence, and not, let’s say, by a prior injury or illness.
- The casualty incurred actual damages. “Actual damages” refers to losses you experienced due to your loved one’s passing. These can be financial, emotional, and physical losses, such as the decedent’s medical bills and loss of companionship.
Come to us at Philip DeBerard, Injury Attorney to assess your claim. When we take on your case, we’ll pour our legal knowledge and experience to build a strong, effective case for you.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, persons who have legal standing can make a wrongful death claim and this claim will be on behalf of all survivors and dependents of the deceased. Usually, parties with legal standing are direct family members of the deceased, such as their spouse, children, parents, and other legal dependents. If the victim had an appointed personal representative, this representative may also initiate for wrongful death on behalf of survivors.
Note that the word “survivors” refers to persons who were dependent on the decedent’s financial or emotional support. The individual who makes the wrongful death claim must list all the survivors having an interest in the case, and if the claim is successful, the proceeds will be distributed among them.
Okeechobee Wrongful Death Lawsuit: What Are You Entitled To?
Your loved one’s wrongful death likely created financial and emotional hardships, and Florida law recognizes both. When you file a wrongful death case, you may seek compensation (or “damages”) for the economic and non-economic losses you suffered, such as:
- Medical costs associated with the pre-death injury
- Costs from the funeral and burial
- Pain and suffering, including your emotional distress
- Lost income that the deceased might have earned over their lifetime
- Lost domestic support that the deceased would have done over their lifetime (e.g. housekeeping tasks)
- Lost matrimonial companionship (if spouse is among survivors)
- Lost care and guidance (if minor children are among survivors).
Pursue your full compensation by choosing the DeBerard firm. We apply comprehensive investigation, skilled gathering of evidence, and witness testimonies from established experts. Our goal is for you to obtain the true value of your claim, not just what the insurance company is quick to offer you. Our assertive and seasoned wrongful death lawyers will work for your full compensation through insurance negotiations, or if necessary, through court litigation.
Through this whole process, we’ll stay in close contact with you, with compassion and sympathy so you don’t get stressed about the case.
Time Limit for Filing a Wrongful Death Lawsuit in Florida
The statute of limitations in Florida is a law that sets a time limit for filing a lawsuit. For wrongful death cases, the statute of limitations is normally two years from the date of death. Past the two-year period, you could likely lose your right to sue.
Two years may seem like a sufficient enough time to sue, but delays have cost many families their rights. Even if you’re only pursuing an insurance settlement for now, you’ll want to be guided by an attorney early on to avoid missing important deadlines. You lose nothing by getting a free consultation with Philip DeBerard, Injury Attorney. We don’t charge for your initial consult, and you’ll be discussing with an understanding lawyer who will give you clear, experienced legal advice.
Call Philip DeBerard, Wrongful Death Attorney in Okeechobee County Today
Philip DeBerard, Injury Attorney has been voted the Best Personal Injury Attorney of the Treasure Coast according to TCPalm. Our team is known in South Florida for superior legal representation that’s fearless when facing defendants and insurance companies, but sincerely caring when relating with clients. We have won millions of dollars in awards and settlements on behalf of Florida families who suffered from the negligence of others.
Consult with us for free about your loved one’s tragedy. You won’t have to pay us any lawyer fees until we’ve recovered compensation for you. Call us today at 1-800-299-8878.
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