The unexpected death of a family member is an immensely difficult experience. Worse, handling the grief of this loss is often compounded by a web of legal and financial concerns if the death occurred because of another person’s actions or failures to act.
You may recover fair compensation for your life-altering damages if you lost a loved one or family member due to another party’s negligence. An Ocala personal injury lawyer from Bogin, Munns & Munns will seek justice on your behalf. Our legal team will identify all liable parties and lead your case from start to finish. Call now to find out how our Ocala wrongful death lawyers can help during this difficult time.
Why Choose Bogin, Munns & Munns for Your Ocala Wrongful Death Case?
There are several reasons to hire your Ocala wrongful death attorney from Bogin, Munns & Munns, including:
- Our four-plus decades of legal experience, which has allowed our firm to hone its legal processes to maximum efficiency
- Our office in Ocala, which will serve as the headquarters for your case—this office has also made us familiar with Ocala’s civil justice network and created strong bonds with the local community
- Our team of 40+ dedicated lawyers, who intend to win every wrongful death case they accept
- Our tireless dedication to clients, which manifests as a relentless work ethic and endless well of compassion for our clients
You’re in capable, proven hands when you hire your lawyer from our firm. We handle a wide array of case types, including:
Fatal Motor Vehicle Accidents in Ocala
Someone’s passing is wrongful when it results from one or more parties’ negligence. Fatal car accidents, motorcycle accidents, truck accidents, and pedestrian accidents are some of the most common events that lead to a wrongful death lawsuit.
Our Ocala car accident lawyers see fatal motor vehicle accidents result from:
- Drunk driving
- Aggressive driving (including speeding)
- Drowsy driving
- Knowing or unwitting disregard for traffic signs and signals
- Lack of understanding of road rules
- Dangerous road conditions
- Dangerous weather conditions
- Defective products, including defective vehicle components
We also have lawyers for other vehicle accidents, including:
- Ocala motorcycle accident lawyers
- Ocala truck accident lawyers
- Ocala pedestrian accident lawyers
- Ocala bicycle accident lawyers
- Ocala golf cart accident lawyers
Fatal Premises Liability Accidents in Ocala
Premises liability accidents occur when property owners fail to maintain safe conditions, leading to serious or even fatal injuries for visitors. Common hazards include slip and fall accidents, inadequate security, dog bites, structural defects, and hazardous substances. When property owners neglect their duty to keep their premises safe, the consequences can be catastrophic, potentially causing fatal injuries like head trauma, spinal damage, or internal bleeding.
At our firm, we understand the profound impact of losing a loved one in a preventable accident. Our Ocala premises liability lawyers are dedicated to holding negligent property owners accountable. We investigate every detail, from safety violations to maintenance records, to build a strong case on behalf of the deceased’s family.
Fatal Construction Accidents in Ocala
Construction sites pose serious risks for workers and pedestrians. Improper use or malfunction of heavy equipment, slip and falls, and dangerous building materials can all cause injuries and wrongful death on a worksite.
A construction-related wrongful death claim can be overwhelming to handle on your own. An Ocala construction accident lawyer from Bogin, Munns & Munns will manage every detail of your case.
To consult with an experienced wrongful death lawyer serving Ocala
(855) 780-9986
Pursuing Compensation and Recoverable Damages for a Wrongful Death in Ocala
If you lost a loved one to a negligent act, you may be eligible to receive compensation. This compensation is a crucial means of getting justice and helping you mitigate loss-related damages. Our firm has the utmost empathy for your loss and understands you probably don’t want to deal with a legal case—it is just a necessary step to move forward. Let us lead your case in Ocala so you can:
- Avoid possible trauma
- Focus on your mental health
- Be with loved ones in relative peace
- Harness the benefits of an experienced, well-resourced legal team
Florida Statutes § 768.19 allows certain family members to pursue damages following a loved one’s tragic passing. This category generally includes the victim’s spouse, parents, and children.
While financial compensation will not reverse the pain you experienced in losing someone close to you, it can help you handle any financial obligations left behind. A lawyer from our team will demand that responsible parties pay fairly for the harm they’ve caused you.
Can My Family Get Punitive Damages for a Wrongful Death in Ocala?
In an Ocala wrongful death case, punitive damages may be awarded in addition to compensatory damages, but only under specific circumstances. Punitive damages are intended to punish the defendant for egregious misconduct and deter similar behavior in the future.
To qualify for punitive damages in Florida, our team must prove that the defendant acted with gross negligence or intentional misconduct. Our Ocala wrongful death lawyers can assess whether punitive damages may apply and help build a compelling case to support such a claim.
How Long Do I Have to Seek Damages for an Ocala Wrongful Death?
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death, as outlined in Florida Statutes § 95.11. This deadline is strict, meaning that if the claim is not filed within this timeframe, the right to pursue compensation may be permanently lost. Certain exceptions may slightly alter this timeline, but it’s essential to act promptly.
How Are Wrongful Death Claims Calculated in Ocala?
Calculating the value of a wrongful death claim involves assessing both economic and non-economic losses resulting from the decedent’s untimely passing.
Economic Damages Are One Part of a Wrongful Death’s Value
These are quantifiable financial losses incurred due to the decedent’s death, including:
- Medical and Funeral Expenses: Costs for medical care prior to death and funeral services.
- Loss of Support and Services: The financial contributions and household services the decedent would have provided.
- Loss of Earnings: Income the decedent would have earned from the time of injury to death, and potential future earnings.
- Loss of Net Accumulations: The portion of the decedent’s expected income that would have been saved and added to the estate.
Non-Economic Damages Are Just As Important as Financial Losses
These compensate for intangible losses experienced by survivors, such as:
- Loss of Companionship and Protection: For a surviving spouse, the loss of the decedent’s companionship and protection.
- Loss of Parental Companionship, Instruction, and Guidance: For surviving children, the loss of a parent’s companionship and guidance.
- Mental Pain and Suffering: Emotional distress suffered by survivors from the date of injury.
What Factors Influence the Value of a Wrongful Death Claim?
Several factors affect the calculation of a wrongful death claim’s value:
- Decedent’s Age and Health: Younger, healthier individuals may have higher projected future earnings and longer life expectancies.
- Earning Capacity and Employment History: The decedent’s income level and career trajectory influence lost earnings calculations.
- Life Expectancy: Statistical life expectancy helps estimate the duration of lost support and services.
- Relationship to Survivors: The nature and closeness of the relationship between the decedent and survivors can impact non-economic damages.
- Contributory Negligence: If the decedent was partially at fault, it might reduce the recoverable damages.
Given the complexity of these calculations and the need for precise documentation, the help of a wrongful death attorney in Ocala is invaluable. Our team can provide guidance tailored to your specific circumstances and help ensure that all potential damages are thoroughly evaluated.
Ocala Wrongful Death Lawyer Near Me
(855) 780-9986
How Can an Ocala Wrongful Death Lawyer Prove Negligence?
In an Ocala wrongful death lawsuit, establishing negligence is crucial to building a successful case. To prove negligence, our Ocala wrongful death attorneys must demonstrate that the defendant’s actions or inactions directly contributed to the wrongful death. This process generally involves four key elements: duty of care, breach of duty, causation, and damages.
Duty of Care
The first step in proving negligence is to establish that the defendant owed a duty of care to the deceased. In legal terms, duty of care refers to a person’s responsibility to act in a reasonably careful manner to avoid causing harm to others.
For instance, drivers have a duty to follow traffic laws and drive safely to prevent accidents. In a wrongful death case, the plaintiff must show that the defendant had an obligation to avoid causing harm to the deceased based on their relationship or interaction.
Breach of Duty
After establishing a duty of care, the plaintiff must then demonstrate that the defendant breached this duty. A breach of duty occurs when the defendant fails to act in a manner that a reasonably prudent person would in similar circumstances. This could mean engaging in reckless behavior, neglecting to follow safety protocols, or otherwise failing to uphold a standard of care.
In wrongful death cases, evidence of a breach might include eyewitness testimonies, accident reports, or expert analysis of the defendant’s actions compared to standard practices.
Causation
Proving causation is often one of the more complex steps in a wrongful death negligence claim. The plaintiff must establish that the defendant’s breach of duty directly caused the death of their loved one. In legal terms, this is referred to as “proximate cause.”
To demonstrate causation, the plaintiff must show that the death would not have occurred if not for the defendant’s actions or negligence. For example, if a driver was intoxicated and caused an accident resulting in death, the plaintiff would need to prove that the death was a direct result of the driver’s impaired state.
Expert witnesses, medical records, and forensic evidence often play a critical role in establishing causation in wrongful death cases.
Damages
Finally, the plaintiff must prove that they have suffered damages as a result of the wrongful death. Damages in a wrongful death suit typically include medical expenses, funeral costs, lost income, and non-economic damages like pain and suffering and loss of companionship.
The goal of this element is to show that the surviving family members have experienced measurable harm due to the death. Documentation, testimony, and financial analysis may all be used to demonstrate the financial and emotional impact on the family.
In Ocala, as in other jurisdictions, wrongful death cases are legally complex and emotionally taxing. Plaintiffs often benefit from working with the injury attorneys at Bogin, Munns & Munns, as our lawyers have experience in gathering and presenting evidence to establish negligence.
Ocala Wrongful Death FAQs
Some common questions we field from wrongful death clients include:
How are Wrongful Death Settlements Paid Out?
When a loved one dies after an accident, you may be able to file a wrongful death suit. If your case is successful, you may be able to get your settlement in a few ways:
- Lump–Sum Payments: With this type of settlement, you receive your payment all at once.
- Structured Settlements: In this agreement, you receive regular payments from the at-fault party until the settlement amount is reached.
A lawyer can help you explore which option best suits your needs.
Are Wrongful Death Settlements Taxable?
Typically, settlements for a wrongful death case are not taxable. However, some forms of awards from general personal injury cases are taxed, including some emotional damages. Punitive damages in a wrongful death case are not usually taxable. A lawyer from our firm can advise you on taxable settlements in your case.
Who Gets the Money in a Wrongful Death Lawsuit?
In Florida, possible recipients of a wrongful death settlement include:
- A spouse
- The deceased’s child or children
- Parents of the deceased
Other family members may also qualify. Determining eligibility for filing a lawsuit and receiving a settlement can be tricky, so let our firm help.
During your free consultation with our team, you can ask any other questions you may have about your case.
Click to contact our Ocala Wrongful Death Lawyers today
Contact Bogin, Munns & Munns Today for a Free Consultation
Wrongful deaths are challenging for many reasons. Having a lawyer investigate the case and fight on your behalf can help ease some of your stress so you can heal and recover. Be with your loved ones while our legal team resolves your case fairly and efficiently.
An Ocala wrongful death lawyer from Bogin, Munns & Munns will fight for justice on your behalf. Call Bogin, Munns & Munns today for your free consultation.
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