Brandon Wrongful Death Lawyers

Losing a loved one can be devastating, and your grief and sense of loss can be compounded by financial worries. Considering seeking help from Brandon wrongful death lawyers may be worthwhile. This is especially true if the death was caused by someone else’s negligent or wrongful conduct. Dealing with the loss and other problems can be even more difficult.

A wrongful death claim cannot make up for your loss; however, it can help you come to terms with the death. It can also give you some needed financial assistance. If you recently lost a family member due to someone else’s wrongful actions or negligence, the experienced Brandon wrongful death lawyers at Dennis Hernandez Injury Attorneys will help you pursue a wrongful death claim.

We have helped hundreds of surviving family members throughout Florida and want to help you hold the parties responsible for your loved one’s death accountable for their actions and make sure you obtain the financial compensation you deserve.

What Constitutes a Wrongful Death in Florida?

Under Section 768.19 of the Florida Wrongful Death Act, Florida law defines a wrongful death as one that occurs because someone else acted wrongfully, negligently, or failed to meet a legal obligation. These obligations may include breaching a contract or warranty. In other words, almost any type of accident injury caused by someone else’s wrongful or negligent actions could qualify. This is if it resulted in the victim’s death.

A wrongful death lawsuit may arise from a doctor’s fatal error. It may also arise from a drowning in an unsafe pool, a deadly car crash caused by a distracted driver, or even an intentional assault that leads to death.

Different types of wrongful deaths generally occur due to:

• Car accidents – If an impaired, distracted, or reckless driver causes a fatal crash, the resulting death qualifies as a wrongful death under Florida law.
• Medical errors – Doctors, nurses, or other healthcare professionals who act negligently or make serious mistakes that cause a patient’s death can face liability in a wrongful death lawsuit.
• Workplace accidents – Deaths can happen at any workplace, but fatal accidents are especially prevalent among construction, transportation, and law enforcement employees.
• Falls – If unsafe conditions on a property cause a visitor to suffer fatal injuries, the property owner may be held liable for wrongful death.
• Drownings – If someone drowns in a pool due to inadequate safety measures, the responsible party’s negligence may result in a wrongful death claim.

How Are Wrongful Death Claims Handled in Florida?

The deceased person’s estate and his or her survivors may be able to recover damages in a wrongful death lawsuit. However, the decedent’s personal representative (usually the Executor of the estate) has to be the one to initiate the lawsuit. According to the Florida Wrongful Death Act section 768.21, survivors include the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives. It also includes adoptive brothers and sisters.

As in most personal injury lawsuits, a statute of limitations applies to the right to initiate a wrongful death lawsuit. In Florida, this is two years. This means you must file a wrongful death lawsuit within two years of the death. Otherwise, you give up the right to hold the negligent party accountable.

A Florida wrongful death claim must also meet the standards of proof for a valid negligence claim. The exact proof varies with the type of negligent or wrongful act. However, in all instances, a claimant must be able to show that:

• The negligent person(s) or entity had a legal duty to the deceased. For example, healthcare professionals must provide care that meets the standards of a reasonably prudent provider in the same medical field. Likewise, property owners must maintain safe premises for visitors or clearly warn them of any known dangers.
• They failed to meet their legal duty. For example, property owners who ignore known hazards or fail to warn visitors violate their legal duty. Similarly, doctors who don’t meet the standard of care expected from their peers may also breach their duty.
• Their failure to meet their legal duty caused fatal injuries. When dangerous conditions exist on a property or a doctor ignores standard procedures, the resulting fatal injuries may stem directly from that negligence.

What Damages Are Recoverable with a Florida Wrongful Death Lawsuit?

In Florida, both the estate of the deceased and their surviving family members may file valid claims for compensation. The estate can pursue damages the deceased would have received for injuries sustained before death or those directly caused by the fatal incident. The estate then distributes these damages to the beneficiaries or legal heirs. Common examples of damages awarded to the estate include:

• Lost wages and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived.
• Lost prospective net accumulations of the estate, or the value of earnings the estate could reasonably have been expected to accumulate had the decedent lived.
• Medical and funeral expenses that were paid by the estate.

Survivors of the deceased victim also have a legal right to sue for additional damages. These are to compensate them for the financial and emotional impact of the death. These damages may include:

• The value of support and services the deceased person provided to the surviving family member(s).
• The loss of companionship, guidance, and protection provided by the deceased person.
• Mental and emotional pain and suffering due to the loss.
• Medical or funeral expenses any surviving family member paid for the deceased person.

How Can Experienced Florida Wrongful Death Attorneys Help with Your Wrongful Death Claim?

If your family member’s death was caused by someone else’s wrongful or negligent conduct, contact the Brandon wrongful death attorneys at Dennis Hernandez Injury Attorneys right away. We can explain your legal options, answer your questions, and help you hold the negligent party accountable.

When we handle a wrongful death case, we ensure that we support and guide you with compassion and knowledge through the entire legal process. Our team investigates your claim thoroughly. We gather all the evidence necessary to prove negligence. On your behalf, we negotiate vigorously with insurance company representatives and defense attorneys. Using the evidence, we build a powerful case to demonstrate wrongful death. We establish your right to compensation for the emotional and financial impact of your loss.

Many lawyers are eager to settle out of court and avoid going to trial, but we do not settle easily or back down from the fight for your rights. We are dedicated to supporting you throughout the entire legal process. We will leverage our extensive trial experience to fight for the compensation you deserve.

To get started on your wrongful death case in Brandon, call us at 813.250.0000 or fill in the FREE CASE EVALUATION form on our website.