What qualifies as a wrongful death?

Surviving family members may have grounds to pursue a wrongful death lawsuit when their loved one is killed due to another party’s negligence, carelessness, intentional act, or another form of misconduct. For example, the death of your loved one may qualify as a wrongful death if they were killed in a car accident caused by another driver’s recklessness, during surgery because the surgeon deviated from accepted standards of care, or slip and fall accident because of the property owner’s negligence.

What’s the difference between a wrongful death claim and a survival action?

Many people mistakenly believe that wrongful death claims and survival actions are synonyms. The biggest difference between a survival action and a wrongful death claim is that the former is intended to repay family members for the damages that the deceased would have recovered had they survived and filed a personal injury lawsuit on their own. Typically, the executor of the deceased’s estate files survival actions.

Who can bring a wrongful death lawsuit in Florida?

Under Florida law, the personal representative of the deceased’s estate will file a wrongful death lawsuit if the deceased had a Last Will and Testament that designated who should serve as the personal representative. If the deceased person died without a Will, a court would appoint the personal representative of the estate to file a wrongful death lawsuit on behalf of the victim’s surviving family members. Surviving family members have a right to recover damages through a wrongful death lawsuit if they can prove that they were dependent on the deceased person. Typically, surviving family members who are eligible for compensation in a wrongful death suit include the deceased’s spouse, parent, children, and other dependents.

What evidence do I need for my wrongful death claim?

The evidence you present in your wrongful death claim will affect the outcome of your case and your ability to receive maximum compensation. Some of the most common evidence that you may need to gather to build a strong wrongful death claim include: — Photos from the scene of the incident — Surveillance footage showing how the incident occurred — Medical records — Testimony from witnesses who saw what happened — The police report — Other documents that can prove your claim Because the evidence you collect for your wrongful death claim plays such a fundamental role in the success of your case, it is advisable to hire a Plantation wrongful death attorney to help you gather the necessary evidence to build a strong case.

How long will it take to obtain compensation in a wrongful death lawsuit?

Since each case is unique, the time it takes to obtain compensation in a wrongful death lawsuit depends on many factors, including the complexity of your case and the experience of your lawyer. While some wrongful death cases are resolved within months, some can take years. Factors that can delay the process include: A skilled wrongful death lawyer can help you navigate the legal process and ensure that your case is resolved as soon as possible. We understand that no amount of money can truly compensate you for the loss of your loved one, but we are prepared to fight for your rights tirelessly until you obtain the compensation to which you are entitled.

How long do I have to file a wrongful death lawsuit in Florida?

While it is understandable that you will want to take time to grieve the loss of your loved one, you need to keep in mind that Florida imposes time limits on wrongful death lawsuits. Under Fla. Stat. § 95.11, surviving family members have two years from the date of the death to bring a wrongful death lawsuit in a civil court. In some cases, the statute of limitations may give you more time, but failure to file a wrongful death lawsuit within the deadline can result in the loss of your right to sue for the death of your loved one. That is why you must contact a Plantation wrongful death attorney as soon as possible to protect your rights and begin working on your case.

Do I need a Plantation wrongful death lawyer?

Yes, you can benefit from hiring a Plantation Florida wrongful death lawyer because attorneys have the necessary knowledge, expertise, and resources to handle your case. Your Plantation wrongful death attorney will fight for the compensation you deserve. At Ace Your Case Accident Injury Lawyers, our goal is to help you achieve a sense of justice and obtain maximum compensation for your losses. We understand that this is a difficult time for you and your family, which is why we are committed to helping families like yours. Our compassionate and results-driven Personal injury attorneys attorneys have 25 years of combined legal experience in helping grieving families in Plantation and throughout the South Florida area. Over the years, we have recovered millions of dollars in settlements and verdicts for our clients. Discuss your particular case with our wrongful death attorneys at Ace Your Case Accident Injury Lawyers by calling 954-953-5861 or complete our contact form to receive a free case review.

Plantation Wrongful Death Lawyer - Feingold, Posner & Draizin Accident Lawyers

Feingold, Posner & Draizin Accident Lawyers/

Plantation Wrongful Death Lawyer

Client-Focused Plantation Wrongful Death Lawyer Pursues Maximum Compesation for Victims of Wrongful Death

The death of a loved one is always a devastating experience for the entire family, especially if someone else’s negligent, careless, or intentional conduct caused the death. While not all unintentional fatalities constitute “wrongful death” per the definition of Florida law, a lot of them do. If you lost a loved one due to someone else’s negligence or another form of wrongful conduct, you might be entitled to compensation by filing a wrongful death lawsuit. Contact Feingold, Posner & Draizin Accident Lawyers today for a free consultation with a compassionate Plantation wrongful death lawyer.

How Can a Plantation Wrongful Death Lawyer Help You and Your Family After The Loss of a Loved One?

If you lost a loved one, you are probably coping with immeasurable grief and emotional distress. If the death occurred due to someone else’s wrongful conduct, you might be able to recover damages. While no money in the world can bring back your loved one, financial compensation can bring a sense of justice and closure to you and the rest of the family.

At Feingold, Posner & Draizin Accident Lawyers, our Plantation wrongful death lawyer has represented families in Plantation and throughout the South Florida area for decades. We have helped clients obtain maximum compensation for the wrongful death of their loved ones.

Our Plantation wrongful death lawyers are committed to helping you obtain the financial relief you need to move forward with your life. CONTACT us today Discuss your particular situation during a free consultation by calling 954-953-5861.

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What Is Wrongful Death in Florida?

According to the Centers for Disease Control and Prevention (CDC), there are over 173,000 unintentional fatalities annually, including accidental deaths related to motor vehicle accidents, falls, and poisoning.

Florida passed a Wrongful Death Act—codified in Fla. Stat. § 768.16—to protect family members of those killed due to other people’s negligence, carelessness, and other wrongful acts. The Act aims to compensate surviving family members for the damages caused by the death of their loved ones.

If your loved one died due to someone else’s fault, it is important to understand what constitutes “wrongful death” under Florida law to determine whether or not you can pursue compensation for your family member’s death.

Surviving family members may have a valid wrongful death lawsuit if their loved one dies due to:

Negligence
Recklessness
Carelessness
Intentional conduct
Assault or battery
Vehicular manslaughter
Manslaughter
Murder
Accidental deaths that occur during a commission of a crime

If you lost your loved one due to any of the aforementioned acts, you might have grounds to file a wrongful death lawsuit to get compensated for your losses. It is highly recommended to speak with a Plantation wrongful death lawyer to discuss your unique situation and determine whether or not you can file a wrongful death suit in your particular case.

Causes of Wrongful Death

A wide range of accidents and incidents can give rise to a wrongful death lawsuit.

Depending on the circumstances of the incident that led to your loved one’s death, you may be able to bring a wrongful death claim after:

That is not the complete list of accidents and incidents that our Plantation wrongful death lawyers at Feingold, Posner & Draizin Accident Lawyers handle. If you suspect that your loved one died due to someone else’s fault and you might have grounds to file a wrongful death lawsuit, schedule a free consultation with our attorneys. Call 954-953-5861 to discuss your particular case.

Personal injury attorneys Craig Posner and Eric Feingold are both excellent attorneys, but more importantly, they are excellent people. I have seen first hand their hard work and dedication to clients. I would not hesitate to recommend their services to others.

Matthew T.

How is Liability Determined in Wrongful Death Cases?

Fla. Stat. § 768.21 requires plaintiffs in wrongful death cases to prove that the defendant (the alleged liable party) was at least partially at fault for the deceased’s accident to be eligible for compensation. In fact, the plaintiffs must also prove that the accident was the direct and proximate cause of their loved one’s death.

The burden of proof in wrongful death cases is the same as in personal injury cases.

In negligence-based wrongful death lawsuits, plaintiffs must prove:

The defendant owed a specific duty of care to the deceased;
The defendant breached the duty due to negligent conduct;
The defendant’s negligent act or omission was the direct and proximate cause of death; and
The death resulted in actual damages to the plaintiffs.

Typically, determining liability in a wrongful death lawsuit requires thorough investigation and strong evidence. For this reason, people who want to sue a negligent party for the wrongful death of their loved ones should contact an experienced attorney who will help them build a strong case and establish the above-mentioned elements.

What Damages Can You Recover in a Wrongful Death Case?

While there is nothing you can do to bring back your loved one, pursuing a wrongful death lawsuit may help you obtain the resources you need to move forward.

Under Florida’s Wrongful Death Act, surviving family members and the estate of the deceased may recover:

The loss of support and services. Surviving family members can seek compensation for the loss of support and services. These damages can be calculated based on the deceased’s net income, life expectancy, and a plethora of other factors.
The loss of companionship. The surviving spouse can seek compensation for the loss of companionship;
The pain and suffering and mental anguish. The surviving spouse, parents, and children can receive compensation for their pain, suffering, and mental anguish caused by the loss of their loved one.
Medical, funeral, and burial expenses. Any individual who paid for the deceased’s medical expenses before their death and/or their funeral and burial expenses after the death can seek compensation for their losses.
Lost wages. The estate of the deceased can seek compensation for the lost wages from the date of the injury and the date of death as well as other losses and expenses.

It takes a knowledgeable wrongful death lawyer in Plantation to identify all available damages to calculate the appropriate amount of monetary compensation to compensate surviving family members for the death of their loved ones. Call us today and let us help you.

Contact a Plantation Wrongful Death Lawyer Today

At Feingold, Posner & Draizin Accident Lawyers, our knowledgeable wrongful death lawyers represent families in all types of wrongful death cases.

You need a skilled attorney to fight for the maximum compensation you deserve and handle all legal aspects of your wrongful death claim, including:

Investigating the accident
Determining liability
Gathering evidence
Talking to witnesses
Communicating with insurance companies
Calculating damages
Fling paperwork and filling out court documents
Negotiating a settlement
Taking your case to trial if no settlement is reached
Representing you in court to help you obtain the compensation you deserve

Our Plantation wrongful death attorneys will guide you through every step of the process. We are committed to providing you with legal advice and addressing all your concerns and questions. We will stand by your side and ensure that you and the rest of the family secure the compensation you deserve.

Surviving family members may have grounds to pursue a wrongful death lawsuit when their loved one is killed due to another party’s negligence, carelessness, intentional act, or another form of misconduct.

For example, the death of your loved one may qualify as a wrongful death if they were killed in a car accident caused by another driver’s recklessness, during surgery because the surgeon deviated from accepted standards of care, or slip and fall accident because of the property owner’s negligence.
Many people mistakenly believe that wrongful death claims and survival actions are synonyms. The biggest difference between a survival action and a wrongful death claim is that the former is intended to repay family members for the damages that the deceased would have recovered had they survived and filed a personal injury lawsuit on their own. Typically, the executor of the deceased’s estate files survival actions.
Under Florida law, the personal representative of the deceased’s estate will file a wrongful death lawsuit if the deceased had a Last Will and Testament that designated who should serve as the personal representative.

If the deceased person died without a Will, a court would appoint the personal representative of the estate to file a wrongful death lawsuit on behalf of the victim’s surviving family members.

Surviving family members have a right to recover damages through a wrongful death lawsuit if they can prove that they were dependent on the deceased person. Typically, surviving family members who are eligible for compensation in a wrongful death suit include the deceased’s spouse, parent, children, and other dependents.
The evidence you present in your wrongful death claim will affect the outcome of your case and your ability to receive maximum compensation. Some of the most common evidence that you may need to gather to build a strong wrongful death claim include:

— Photos from the scene of the incident
— Surveillance footage showing how the incident occurred
— Medical records
— Testimony from witnesses who saw what happened
— The police report
— Other documents that can prove your claim

Because the evidence you collect for your wrongful death claim plays such a fundamental role in the success of your case, it is advisable to hire a Plantation wrongful death attorney to help you gather the necessary evidence to build a strong case.
Since each case is unique, the time it takes to obtain compensation in a wrongful death lawsuit depends on many factors, including the complexity of your case and the experience of your lawyer.
While some wrongful death cases are resolved within months, some can take years. Factors that can delay the process include:
A skilled wrongful death lawyer can help you navigate the legal process and ensure that your case is resolved as soon as possible. We understand that no amount of money can truly compensate you for the loss of your loved one, but we are prepared to fight for your rights tirelessly until you obtain the compensation to which you are entitled.
While it is understandable that you will want to take time to grieve the loss of your loved one, you need to keep in mind that Florida imposes time limits on wrongful death lawsuits. Under Fla. Stat. § 95.11, surviving family members have two years from the date of the death to bring a wrongful death lawsuit in a civil court.

In some cases, the statute of limitations may give you more time, but failure to file a wrongful death lawsuit within the deadline can result in the loss of your right to sue for the death of your loved one.
That is why you must contact a Plantation wrongful death attorney as soon as possible to protect your rights and begin working on your case.
Yes, you can benefit from hiring a Plantation Florida wrongful death lawyer because attorneys have the necessary knowledge, expertise, and resources to handle your case. Your Plantation wrongful death attorney will fight for the compensation you deserve.
At Ace Your Case Accident Injury Lawyers, our goal is to help you achieve a sense of justice and obtain maximum compensation for your losses. We understand that this is a difficult time for you and your family, which is why we are committed to helping families like yours.
Our compassionate and results-driven Personal injury attorneys attorneys have 25 years of combined legal experience in helping grieving families in Plantation and throughout the South Florida area. Over the years, we have recovered millions of dollars in settlements and verdicts for our clients.
Discuss your particular case with our wrongful death attorneys at Ace Your Case Accident Injury Lawyers by calling 954-953-5861 or complete our contact form to receive a free case review.