The chances of winning a wrongful death suit depend on many unique factors, including the strength of the case. A wrongful death lawyer with our firm can help you navigate Florida’s legal system and do the work necessary to establish your family’s right to financial compensation via an insurance claim or lawsuit.
Factors that Can Affect the Success of a Wrongful Death Lawsuit
According to Florida Statutes § 768.19, if your loved one passed away because of a “wrongful act, negligence, default, or breach of contract or warranty,” you can seek compensation from the party liable for their fatal injury. However, the chances of winning your case depend on proving that another party’s actions caused your loved one’s death.
The following factors may affect the strength of your wrongful death claim:
Proof of Negligence
Wrongful death is a type of personal injury lawsuit. And, as with all personal injury cases, wrongful death suits hinge on proving another party acted negligently.
An attorney with our firm can help you establish the following four elements of negligence:
- Duty of care. The liable party had a legal obligation to act with a reasonable degree of care (i.e., act in a way that does not cause harm).
- Breach of duty. The liable party did not uphold their duty of care.
- Causation. The liable party’s actions caused your loved one’s injuries and death.
- Damages. Your loved one’s accident led to economic and non-economic damages.
We can investigate your family member’s accident, visit the accident scene, locate and interview eyewitnesses, and obtain police reports, surveillance videos, photographs, and more. We can use this evidence to paint a picture of the events that led to your loved one’s passing and demonstrate that a liable party behaved carelessly, recklessly, or wrongfully.
Proof of Losses
You will only win compensation for wrongful death damages you can prove. We can gather bills, receipts, pay stubs, and other documentation showing that your loved one’s estate or surviving family members incurred financial losses. In general, types of damages in your wrongful death case could include:
- Your loved one’s medical expenses, including ambulance transportation, emergency services, hospital stays, surgeries, extended nursing, palliative care, hospice, and any other medical costs incurred from the time of injury until death
- Lost wages, earnings, and benefits, including future financial support and benefits the deceased would have provided had they lived
- Funeral and burial expenses
- Loss of companionship and protection
- Loss of parental guidance and instruction
- Survivors’ pain and suffering
Your Loved One’s Degree of Fault
Insurance companies and defense attorneys may try to decrease their clients’ liability by alleging that your loved one’s actions contributed to their injuries.
According to Florida Statutes § 768.81, any degree of fault the court assigns your loved one for their accident will reduce your wrongful death compensation by that amount. In addition, recent changes to the law under 2023’s HB 837 now prohibit any party assigned more than 50 percent fault from seeking damages.
We can defend your case from allegations that may reduce your awards or restrict your family from seeking financial justice.
Your Legal Representation
Your choice of legal representation matters in a wrongful death lawsuit. They can also make a big difference in how you feel throughout the legal process. Ideally, you want a lawyer who:
- Is compassionate, respectful, and treats you with dignity
- Listens to you, answers your questions, and is knowledgeable about your legal issues
- Projects professionalism and confidence in their ability to represent you
- Maintains open lines of attorney/client communication
Our firm can protect, guide, and serve you through every step of your case. We will aggressively pursue the maximum compensation possible, including taking your case to trial if necessary. We handle wrongful death cases involving:
- Car accidents
- Motorcycle crashes
- Truck collisions
- Pedestrian accidents and bicycle accidents
- Premises liability incidents
- Workplace injuries
- Product liability
- Nursing home abuse
- Medical malpractice
To consult with an experienced wrongful death lawyer today, call 855-780-9986
Who Can File a Wrongful Death Suit in Florida?
Florida Statutes § 768.20 states that a decedent’s personal representative (executor) must take action on behalf of the estate and surviving family members. If your loved one did not name an executor, or the person named cannot serve, the court can appoint someone.
How Long do You Have to Pursue a Wrongful Death Case?
Florida Statutes § 95.11 allows two years from your loved one’s passing to file a wrongful death lawsuit. If you do not act before time runs out, the court usually will bar you from seeking financial recovery.
An expired statute of limitations will also affect your chances of winning a wrongful death settlement via an insurance claim. If you cannot sue, you have no leverage against the insurance companies. You could end up with a lowball settlement or denied claim with no options for legal recourse.
What Is the Difference Between a Wrongful Death Suit and a Criminal Case?
A wrongful death lawsuit allows a victim’s family to seek financial justice. A criminal case is a legal action the state takes to punish wrongdoers and protect society from further harm. However, if your loved one’s wrongful death resulted from criminal activity, such as manslaughter or murder, you may have more time to pursue your civil case. Our legal team can explain your options if you’re in a similar predicament.
We Can Help With Your Wrongful Death Lawsuit
Bogin, Munns & Munns can build a solid wrongful death claim or lawsuit. An attorney with our firm can serve you and your family on a contingency-fee basis, meaning you owe us nothing unless we secure damages. Contact our team today for a free consultation and connect with a wrongful death lawyer near you.