Port St. Lucie Wrongful Death Lawyer
It’s devastating to lose a loved one, more so if they died because of someone else’s negligence or carelessness or ill-advised actions that led to a fatality. When this happens, Florida law allows persons close to the deceased to file a wrongful death claim versus the at-fault party. While money can never replace the departed, a winning wrongful death claim can provide much-needed compensation and a sense of justice to the bereaved.
If you’re the spouse, child, parent, or close loved one of the deceased, speak with a trustworthy wrongful death attorney. In St. Lucie County, the legal team of Philip DeBerard, Injury Attorney is esteemed by the community given our firm’s winning track record combined with family-like care for our clients. We can counsel you on your lawful rights and fight for what you’re entitled to, while treating you with sincere kindness during this difficult time.
Consult with us for free and find out how we can help you. We won’t charge you any legal fees until we’ve recovered compensation for you.
What Makes a Wrongful Death Case in St. Lucie County?
Various forms of negligence lead to avoidable deaths in Florida. According to data from the Florida Department of Health, in 2020 alone, 185 individuals succumbed to accidental injuries across St. Lucie County. In particular, 46 individuals were killed in motor vehicle crashes, 36 from unintended falls, and 4 from accidental drowning that year.
Other incidents that cause wrongful deaths include motorcycle or bike crashes, truck wrecks, pedestrian accidents, construction accidents, medical malpractice, birthing injuries, and accidents caused by defective products.
Not all casualties can be reason for a wrongful death case. 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 are entitled to a claim. In our legal system, a wrongful death claim needs to establish the following elements:
- The responsible party had a duty of care towards the deceased. A “duty of care” is an obligation to behave with reasonable care around others. For example, a motorist has the obligation to travel safely on the road, and a property owner has the obligation to ensure that their premises are safe enough for guests.
- The at-fault party failed their duty of care. In car accidents, examples of failing or breaching the duty of care include exceeding the speed limit, driving under the influence, and failing to obey traffic signs.
- The breach of duty directly resulted in the death. You and your attorney must establish that the decedent’s death was generated by the at-fault party’s carelessness, and not, for example, by an older injury or health condition.
- The fatality brought actual damages. “Actual damages” refers to losses you suffered in connection to your loved one’s death. These can be financial, physical, and emotional losses, such as the associated medical bills and the ended companionship.
Count on us at Philip DeBerard, Injury Attorney to evaluate your claim. When we take on your case, we’ll commit our legal knowledge and experience to build a strong, effective case for you.
Port St. Lucie Wrongful Death Claim: Who Can File?
Under Florida law, persons who have legal standing can file a wrongful death claim on behalf of all dependents or survivors of the decedent. Typically, those with legal standing are immediate family members of the victim, such as their spouse, children, parents, and other dependent parties. If the decedent had already appointed a personal representative, this representative may also initiate the wrongful death case on behalf of survivors.
In the legal sense, “survivors” refers to persons who depended on the decedent’s monetary or emotional support. The person who initiates the wrongful death claim must list all the survivors who have an interest in the case, and if the case is successful, the compensation will be distributed among them.
Port St. Lucie Wrongful Death Lawsuit: What Are You Entitled To?
Your loved one’s wrongful death likely created financial and emotional difficulties, and Florida law addresses both. In a wrongful death claim, you may demand compensation (or “damages”) for your losses that are economic and non-economic, such as:
- Medical expenses associated with the pre-death injury
- Expenses from the burial and funeral
- Pain and suffering, which includes your emotional distress
- Lost income that the deceased would have earned if they lived a full life
- Lost domestic support that the deceased might have done had they lived their lifetime (such as housekeeping tasks)
- Lost matrimonial companionship (if survivors include spouse)
- Lost parental care and instruction (if survived by children of minor age).
At the DeBerard law firm, we maximize your compensation using meticulous investigation, skilled gathering of evidence, and witness testimonies from various experts in our network. We aim for you to receive what your claim is really worth, not just what the insurance company is quick to offer you. Our assertive and experienced wrongful death lawyers will fight for your full compensation via insurance negotiations, or if need be, through courtroom trial.
Through this whole process, we’ll stay by your side with compassion and sympathy so you don’t get stressed about the case.
Time Limit for a Florida Wrongful Death Lawsuit
Florida, like every other state, has a Statute of Limitations, a law that puts a time limit on filing a lawsuit. For lawsuits on wrongful death, the general statute of limitations is two years from the date of death. Past the two-year period, you may likely forfeit your right to sue.
It may seem like two years is more than enough time to sue, but delays have cost many families their claim. Even if you’re only seeking an insurance settlement at this point, 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. Your consultation is free, and you’ll be discussing with a considerate lawyer who will give you clear, sensible legal advice.
Contact Philip DeBerard, Wrongful Death Attorney in St. Lucie County Today
Philip DeBerard, Injury Attorney won the TCPalm vote as the Best Injury Lawyer on the Treasure Coast. Our firm is recognized in South Florida for excellent legal representation that’s fearless when facing insurers and defense lawyers, but genuinely caring when relating with clients. We have achieved millions of dollars in awards and settlements on behalf of Floridians who suffered from the actions of others.
Consult with us for free about your loved one’s tragedy. You won’t owe us any lawyer fees until we’ve won compensation for you. Contact us today at 1-800-299-8878.
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