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North Florida Wrongful Death Attorneys

It is always a tragic shock when a loved one dies unexpectedly. When a person dies as a result of someone else’s negligence, it is even worse.

Wrongful death is the legal phrase used to describe a death resulting from someone’s failure to use reasonable care.

This can happen in any of several ways , including motor vehicle accident, medical malpractice, product malfunction, or any other situation that causes a personal injury case.

Most people do not know that the negligence that occurred does not have to directly cause death – it need only cause injury which subsequently leads to death.

Here is some important information regarding wrongful death claim:

Q. Who is entitled to bring a wrongful death claim?
A. A wrongful death action is brought by the personal representative of the decedent’s estate. The personal representation has a duty to bring all claims on behalf of the estate and all survivors recognized by the Florida Wrongful Death Act to the lawyer.

Q. What do I need to prove in order to bring a successful wrongful death claim in Florida?
A. Florida law requires that your loved one died as a result of someone else’s negligent, reckless, or intention conduct.

Q. How do I know how much my wrongful death claim is worth?
A. The value of your wrongful death claim will depend on several factors which will be discussed at your initial consultation at Avera & Smith. The value will focus on the earnings of the deceased individual , as well as several other factors.

Q. Does Florida law allow recovery for pain and suffering by the deceased in a wrongful death claim?
A. Typically not – with some very rare exceptions. The Florida Wrongful Death Act does not compensate the decedent’s survivors for pain and suffering, mental anguish, loss of companionship, and other damages occurring as a result of the decedent’s death.

Q. How long does it usually take to complete a wrongful death lawsuit?
A. Every wrongful death claim is different. However, Avera & Smith knows how important it is to you to have your case competently and successfully tried. The typical case lasts approximately eighteen (18) months, but may take longer if there are complex legal issues involved. The important thing is to begin to prepare the case for trial the moment your counsel is retained.