Vero Beach Wrongful Death Lawyer
It’s devastating to lose a loved one, more so if their death was caused by someone else’s negligence or recklessness or unwise actions that ended a life. When this happens, Florida law allows persons close to the deceased to bring a wrongful death claim against the at-fault party. While no monetary repayment can replace the lost loved one, an effective wrongful death claim can give much-needed compensation as well as some justice to the living kin.
If you’re the spouse, child, parent, or close dependent of the deceased, speak with a reliable wrongful death attorney. In Vero Beach, the legal team of Philip DeBerard, Injury Attorney is esteemed by the community due to our firm’s successful track record combined with family-like service to our clients. We can advise you on your legal rights and fight for the compensation you’re entitled to, while treating you with genuine sympathy during this trying time.
Consult with us for free and learn how we can help you. We will not charge you any lawyer fees until we’ve won compensation for you.
Types of Wrongful Death Cases in Indian River County?
Different forms of negligence result in avoidable deaths in Vero Beach and throughout Indian River County.
Some types of accidents that result in wrongful death lawsuit claims include car, bike or motorcycle accidents, truck wrecks, pedestrians getting struck, construction accidents, medical malpractice, birth injuries, and accidents involving defective products.
Not all casualties can be grounds for a wrongful death case. If you believe that your loved one’s passing was caused by someone else, you should consult a wrongful death attorney to assess the situation and see if you can pursue a claim. You and your attorney must ensure that the claim can have the following elements:
- The liable party had to have a duty of care to the deceased. ”Duty of care,” in legal terms, is an obligation to perform with reasonable care around others. To give some examples, a driver of a vehicle has the duty to move safely around other commuters, and a business owner has the obligation to make sure their premises are hazard-free for guests.
- The at-fault party breached their duty of care. For example, in auto collisions, violating the duty of care can be speeding, driving under the influence, and failing to observe road rules.
- The failed duty directly caused the death. With your attorney, you’ll need to establish that your loved one’s demise was caused by the liable party’s lack of care, and not, let’s say, by a prior injury or health condition.
- The death resulted in actual damages. In legal speak, “actual damages” are losses you endured due to your loved one’s death. These can be financial, emotional, and physical losses, such as related medical expenses and the lost companionship.
Count on us at Philip DeBerard, Injury Attorney to examine your claim. When we work on your claim, we’ll use all our legal knowledge and strategies to build a robust, 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 on behalf of all the decedent’s survivors. Typically, persons with legal standing are immediate family members of the deceased, such as their husband or wife, parents, children, and other dependent parties. If the deceased had appointed a personal representative, this representative may also bring the wrongful death case on behalf of survivors.
In the legal sense, “survivors” means persons who relied on the decedent’s material or emotional support. The individual who makes the wrongful death claim needs to list all the survivors having an interest in the case, and if the claim is successful, the resulting amount will be divided among them.
Vero Beach Wrongful Death Lawsuit: What Are You Entitled To?
The wrongful death of your loved one likely caused you financial and emotional burdens, and Florida law acknowledges both. By filing wrongful death, you may demand compensation (or “damages”) for the economic and non-economic losses you suffered, such as these:
- Medical bills from the pre-death injury
- Funeral and burial costs
- Pain and suffering, which includes your emotional distress
- Lost income that the deceased would have earned if they lived a full life
- Lost household functions that the deceased would have done over their lifetime (e.g. housekeeping tasks)
- Lost marital companionship (if survived by spouse)
- Lost parental care and instruction (if minor children are among survivors).
At the DeBerard law firm, we maximize your compensation using thorough investigation, skilled gathering of evidence, and witness testimonies from various experts in our network. Our goal is for you to receive the true value of your claim, not just the quick offers of the insurance company. Our fearless and proficient wrongful death lawyers will strive for your full compensation in insurance negotiations, or if necessary, through courtroom trial.
Throughout the process, we’ll stay in close contact with you, with kindness and understanding so you don’t have to be stressed by the case.
Deadline for Filing a Wrongful Death Lawsuit in Florida
Florida’s Statute of Limitations is a law that sets a time limit on filing a lawsuit. For a wrongful death case, the statute of limitations is normally two years starting on the date of death. After the two-year window, you may likely forfeit your right to sue.
It may seem like two years is a sufficient enough time to file suit, but delays have cost many families their rights. Even if you’re only seeking an insurance settlement currently, you’ll want to be guided by an attorney early on to avoid damaging missteps. 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 sympathetic lawyer who will provide clear, sensible legal advice.
Phone Philip DeBerard, Wrongful Death Attorney in Indian River County Today
Philip DeBerard, Injury Attorney won the vote as the Best Personal Injury Lawyer in the Treasure Coast according to TCPalm. Our firm is recognized in South Florida for excellent legal representation that’s tenacious when facing insurers and defense lawyers, but genuinely caring when dealing with clients. We have obtained millions of dollars in personal injury and wrongful death claims on behalf of bereaved families who suffered from the fault of others.
Get a free and reliable consultation about your loved one’s tragedy. You won’t be charged any attorney fees until we’ve recovered compensation for you. Dial us today at 1-800-299-8878.
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