Stuart Wrongful Death Lawyer
It’s agonizing when a loved one dies, more so if their death was caused by someone else’s negligence or irresponsibility or well meaning but misguided actions that resulted in a casualty. With a wrongful death like this, Florida law allows survivors or dependents of the deceased to file a wrongful death claim opposite the at-fault party. While money can never replace the lost loved one, an effective wrongful death claim can provide much-needed compensation and a sense of justice to the living kin.
If you’re the parent, child, spouse, or close loved one of the deceased, reach out to a trustworthy wrongful death attorney. In Martin County, the office of Philip DeBerard, Injury Attorney is esteemed by the community because of our firm’s winning track record and family-like service to our clients. We can guide you on your rights under the law and fight for the recoveries you’re entitled to, while assisting you with genuine sympathy during this challenging time.
Talk to one of our attorneys for free to see how we can advocate for you. We will never charge you any lawyer fees until we’ve won compensation for you.
Stuart Wrongful Death Claims: Do You Have a Claim?
Many forms of negligence lead to avoidable deaths in Stuart.
Some events that cause wrongful deaths include auto, motorcycle or bike crashes, truck wrecks, pedestrian accidents, construction accidents, medical malpractice, birth injuries, and accidents with defective products.
Not all fatalities can be grounds for a wrongful death claim. If you believe that your loved one’s passing was caused by someone else, you should have a wrongful death lawyer assess the circumstances to see if you can pursue a claim. You and your attorney must ensure that the claim can establish the following elements:
- The liable party owed a duty of care concerning the deceased. A “duty of care” is an obligation to behave with reasonable care around others. For example, a vehicle driver has the duty to travel safely among other motorists, and a building owner has the duty to keep their premises are secure enough for guests.
- The at-fault party fell short of their duty of care. In car accidents, examples of violating the duty of care could be overspeeding, driving under the influence, and failing to obey traffic signs.
- The failed duty directly resulted in the death. Work with your attorney to establish that the fatality was caused by the at-fault party’s negligence, and not, for example, by an older injury or illness.
- The death incurred actual damages. Damages are losses you endured in connection to your loved one’s passing. These can be financial, physical, and emotional losses, such as the decedent’s medical costs and the ended companionship.
Get in touch with Philip DeBerard, Injury Attorney to assess your claim. When you work with our firm, we’ll pour our legal knowledge and skills to build a robust, effective case for you.
Who Can File a Wrongful Death Action in Florida?
The State of Florida allows a person with legal standing to bring a wrongful death claim and this claim will be on behalf of all survivors and dependents of the deceased. Normally, parties with legal standing are direct family members of the victim, such as their children, spouse, parents, and other dependent parties. If the victim had an appointed personal representative, this representative could also bring the claim on behalf of survivors.
Note that the word “survivors” refers to persons who depended on the decedent’s monetary or emotional support. The person who makes the wrongful death claim must list all the survivors who have an interest in the case, and if the case is successful, the resulting amount will be distributed among them.
Wrongful Death Lawsuit: What Are You Entitled To?
The wrongful death of your loved one likely brought about financial and emotional hardships, and Florida law acknowledges both. In a wrongful death claim, you may seek compensation (or “damages”) for your losses that are economic and non-economic, such as:
- Medical bills due to the pre-death injury
- Funeral and burial costs
- Pain and suffering, such as your emotional distress
- Lost income that the deceased could have earned had they lived their lifetime
- Lost domestic support that the deceased would have performed if they lived a full life (for example, housekeeping tasks)
- Lost marital companionship (if survived by spouse)
- Lost parental care and instruction (if minor children are among survivors).
Maximize your compensation by working with the DeBerard law firm. We use thorough investigation, attentive gathering of evidence, and witness testimonies from our network of experts. Our goal is for you to obtain what your claim is really worth, not just the quick offers of the insurance company. Our tenacious and experienced wrongful death lawyers will fight for your full compensation through insurance negotiations, or if needed, through a court case.
Throughout the process, we’ll stay by your side with kindness and understanding so you don’t have to be stressed by the case.
Deadline for Suing for Wrongful Death in Florida
The statute of limitations in Florida is a law that puts a time limit for you to file a lawsuit. For wrongful death cases, the statute of limitations is normally two years beginning on the date of death. Past the two-year window, you may likely forfeit your right to sue.
This time frame may sound like ample time to file suit, but delays have cost some families their case. Even if you’re only pursuing an insurance settlement for now, you’ll want to be guided by an attorney early on to avoid costly mistakes. You lose nothing by taking a no-cost consultation with Philip DeBerard, Injury Attorney. Your consultation is free, and you’ll be talking with a considerate lawyer who will provide clear, knowledgeable legal advice.
Contact Philip DeBerard, Wrongful Death Attorney in Martin County Today
Philip DeBerard, Injury Attorney has been voted the Best Personal Injury Lawyer on the Treasure Coast according to TCPalm. Our team is noted in South Florida for excellent legal representation that’s tenacious when facing insurers and defendants, but genuinely caring when dealing with clients. We have won millions of dollars in personal injury and wrongful death claims on behalf of Florida families who suffered from the actions of others.
Consult with us for free about your loved one’s case. You won’t be charged any legal fees until we’ve recovered compensation for you. Contact us today at 1-800-299-8878.
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