When you lose a loved one due to someone’s negligence, you may be entitled to recover compensation and hold negligent parties accountable. A Gainesville wrongful death lawyer from Bogin, Munns & Munns can advise you of your legal options and help you pursue justice.
Our personal injury lawyers handle insurance claims and wrongful death lawsuits for our clients on a contingency fee basis. Call our law firm today for a free consultation with one of our team members to learn more about the services we offer.
Negligent Actions That May Initiate a Wrongful Death Case
In any situation where a negligent action costs a victim their life, the surviving family members may be able to pursue a wrongful death case. These actions include:
- Motor vehicle accidents: where a driver’s negligence causes fatal injuries in a car, bus, truck, or motorcycle accident. The victim can be another driver, a passenger in a vehicle, a bicyclist, or a bicyclist.
- Premises liability: where a property owner’s negligence causes fatal injuries. Premises liability can include a slip and fall accident, negligent security, an unsafe swimming pool, and more.
- Medical malpractice: where a doctor’s care falls below a reasonable medical standard and leads to a patient’s death. This can also relate to negligent actions taken by a pharmacist or negligence by a hospital or someone on its staff.
- Defective product: where a product manufacturer releases a defective product that could cause fatal injuries, such as a defective car tire or power tool.
- Workplace accident: where a worker dies on the job.
- Nursing home abuse: where negligent actions by nursing home staff, whether intentional or not, cause a resident to die prematurely.
These are not the only situations that may support a wrongful death lawsuit. If you believe that another party’s negligence caused your loved one’s death, call Bogin, Munns & Munns today for a free, no-obligation consultation with a member of our team.
Laws Regarding Florida Wrongful Death Lawsuits
Under Florida Statutes §768.21, only certain family members can file a wrongful death lawsuit. Depending on the case’s details, beneficiaries in your Gainesville case could include:
- The decedent’s spouse
- Surviving minor children
- Surviving adult children
- The decedent’s parents
You Have a Set Time to Take Legal Action and File Your Case
There is also a time limit to file a wrongful death lawsuit. Per Florida Statutes §95.11(4)(d), a general two-year statute of limitations applies to wrongful death lawsuits in Florida. You typically must file your lawsuit within this time frame. Otherwise, the court may dismiss it.
Bogin, Munns & Munns’ personal injury attorney can help you understand and comply with any laws that apply to your wrongful death case. A member of our team can also discuss your eligibility to file a wrongful death action and the deadlines that may apply to your case when you call for a free consultation. Our legal team will file your case on time, which is one less thing to worry about during a difficult time.
To consult with an experienced wrongful death lawyer serving Gainesville, call 855-780-9986
Working With Our Team on a Gainesville Wrongful Death Case
When you work with a Gainesville wrongful death lawyer from Bogin, Munns & Munns, we handle all legal work in your case so that you can take the time you need to grieve and focus on your family. We will take care of your entire case from start to finish and update you regularly on its status.
As a full-service law firm, our services include:
- Answering your questions, helping you interpret your options, and providing legal advice
- Developing a legal strategy for your case
- Managing all case communications, deadlines, and paperwork for you
- Investigating your loved one’s accident and identifying the liable party
- Producing evidence of their liability and the value of your damages
- Negotiating for a settlement with the liable party’s insurer
- Bringing your case to trial if necessary
- Providing you updates on your case at any time
We will be here for you and your family throughout your case.
Gainesville Wrongful Death Lawyer Near Me 855-780-9986
Recoverable Damages in a Gainesville Wrongful Death Case
Depending on the details of your wrongful death case and your relationship to the deceased person, the following damages may be recoverable:
- Funeral and burial expenses
- Medical expenses
- Lost income the decedent would have earned
- Loss of services and support
- Loss of companionship, protection, and guidance
- Pain and suffering
Our wrongful death attorney will review your case and advise you of the compensatory damages you could receive.
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We Will Gather Evidence to Establish Your Wrongful Death Case
To establish liability and recover compensation in a wrongful death case, we must present evidence that shows the following:
- The liable party owed your loved one a duty of care.
- They failed to uphold this duty by their actions or inactions.
- This failure caused the accident and your loved one’s death.
An example of this could be a driver who had an obligation to follow the rules of the road but failed to do so and ran a red light, striking another car that was in the intersection legally, and causing fatal injuries.
Bogin, Munns & Munns can collect evidence of the responsible party’s negligence. Depending on the case, this evidence may include:
- Photos, videos, or other documentation from the accident scene in Gainesville
- Police or accident reports
- Witness statements
- Testimony from accident reconstruction experts
- Medical or coroner records
- Traffic cam footage or surveillance footage
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Why We Must Prove Liability in a Gainesville Wrongful Death Case
As our Gainesville attorney collects case-supporting evidence, they will also determine if they can prove the defendant’s actions constitute negligence. Four elements must be present to establish that the at-fault party’s carelessness or recklessness caused your loved one’s death. They are:
Duty of care: The defendant had a legal duty to act reasonably to protect your loved one from danger or harm.
Breach of duty of care: The defendant’s actions or inactions violated this breach in some way.
Causation: These actions or inactions directly caused the fatal accident or injuries that harmed your loved one.
Damages: As a result, your loved one suffered damages related to their injuries. Because they are not here to seek financial compensation for their losses, Florida law allows a personal representative to seek financial recovery on behalf of the decedent’s family.
Call Bogin, Munns & Munns Today for Help With a Gainesville Wrongful Death Case
Although filing a wrongful death case cannot erase the pain of losing a loved one, it may provide your family with financial support and ease some of your worries. A Gainesville wrongful death lawyer from Bogin, Munns & Munns can handle the legal aspects of your case and fight for wrongful death compensation on your behalf.
We handle wrongful death cases on a contingency fee basis. This means that our clients are not required to pay us anything upfront or hourly. Instead, our fees are contingent on our recovering compensation for you in a settlement offer or court award.
For a free consultation on your wrongful death case with a member of our team, call Bogin, Munns & Munns today.
Our firm has an office in Gainesville and 12 other locations throughout Florida. Bogin, Munns & Munns has over 40 years of experience defending the rights of our clients. In addition to wrongful death cases, our firm provides legal services regarding wills, trusts, and probates.