Melbourne Wrongful Death Lawyer

No one is ever truly prepared to deal with the loss of a close friend or family member. When these deaths happen unexpectedly, families often find themselves struggling to cope with not only the emotional trauma of the incident but also substantial financial losses and responsibilities associated with their loved one’s passing. If this sounds like what you are going through, you are not alone.

A compassionate Melbourne personal injury lawyer with Lytal, Reiter, Smith, Ivey & Fronrath can help. We’ll help hold the liable party accountable to the fullest extent of the law. Call our personal injury lawyers for a 100% free consultation today and make those responsible for your relative’s wrongful death pay.

How is wrongful death defined in Florida?

Florida law states that a wrongful death occurs when one party is responsible for causing the death of another due to a “wrongful act, negligence, default, or breach of contract or warranty.”

This means it does not matter whether the person who caused the death did so intentionally, accidentally, or through malpractice. If you are unsure whether you have grounds to file a claim, do not hesitate to discuss your options further with a dedicated Melbourne wrongful death lawyer at our firm for help.

How much does it cost to hire a wrongful death lawyer in Melbourne?

You and your family have already been through enough. We will cover all the expenses of pursuing your case. When we win, a percentage of your award will go to your attorney’s fees. If we cannot produce a financial recovery, you can rest easier knowing you are not required to pay even a penny for our legal services. This way, you can pursue justice without putting yourself or your family at risk.

What kinds of damages can I claim?

Your Melbourne wrongful death lawyer will be by your side to ensure your family and the decedent’s beneficiaries recover the compensation you are entitled to. These funds can help you cover the funeral and burial expenses, avoid financial ruin, and ensure the liable party is held accountable for their recklessness.

Certain damages are paid to the decedent’s estate while others will be awarded to the decedent’s beneficiaries and family under Fla. Stat. § 768.21. To recover fair compensation, damages may be categorized as economic or non-economic.

Economic damages

Economic damages include every loss that is financial or monetary. The liable party will cover any out-of-pocket costs. Economic damages awarded to the decedent’s family could include:

• Out-of-pocket funeral and burial costs
• Loss of household services
• Loss of financial support

Economic damages awarded to the decedent’s estate could include:

• The decedent’s lost income and earning capacity
• The decedent’s burial and funeral costs if covered by the estate
• Loss of the decedent’s employee benefits
• The decedent’s funeral and burial expenses

Non-economic damages

The decedent’s family may also seek compensation for non-economic damages as well which do not have a monetary value. They are, however, far more impactful. Examples of potentially recoverable non-economic damages include:

• Emotional trauma
• Pain and suffering
• Loss of their loved one’s protection, support, companionship, and intimacy
• Loss of parental guidance, love, advice, and support

These are only a few examples of potential recoverable economic and non-economic damages. Your Melbourne wrongful death lawyer will review your losses in detail to accurately calculate the value of your claim and fight for the compensation to which your family may be entitled.

Who can file a wrongful death claim in Florida?

According to Fla. Stat. § 768.20, a wrongful death lawsuit must be filed by the deceased person’s personal representative. The decedent had the right to appoint anyone of their choosing to act as the executor of their estate. This could be a spouse, adult child, parent, friend, mentor, or another party.

However, any benefits awarded in the wrongful death claim will go to the decedent’s beneficiaries. If you are unsure whether you have the authority to pursue the lawsuit, contact a skilled Melbourne wrongful death lawyer. Call (561) 655-1990 now.

How long do I have to file a wrongful death claim?

Under Fla. Stat. § 95.11(4)(d), filing your wrongful death action is limited. You have just two years from the decedent’s passing to get your lawsuit filed in Melbourne civil courts. Although filing a lawsuit is likely the furthest thing from your mind, the sooner you get started, the greater your chances of success are.

That said, there are some instances where the statute of limitations may pause temporarily or be “tolled.” According to Fla. Stat. § 95.11(10), if the decedent passed away due to homicide, murder, or manslaughter, for example, the two-year wrongful death statute of limitations would not apply. Instead, there would be no time limit to filing the claim.

Common accidents resulting in wrongful death in Melbourne

You may need the legal support of a reputable Melbourne personal injury lawyer if your loved one has been killed and you suspect or have reasons to believe another party is liable. Wrongful deaths and fatal injuries can occur in multiple types of accidents and incidents. Here are some of the most common types of wrongful death accidents and culpable parties.

Car accidents

Negligent drivers cause many fatal car accidents. Some examples of negligent driving could include:

• Driving under the influence of drugs
• Drunk driving
• Driving while fatigued
• Distracted driving, including manual, cognitive, and visual distractions
• Driving over the speed limit
• Refusal to stop at a stop sign or traffic light
• Failure to use a turn signal or making illegal turns
• Other types of traffic violations

Truck accidents

In fatal collisions involving commercial trucks, the reckless truck driver may be held accountable where appropriate. Truckers are held to a higher standard than other motorists due to the massive size of the vehicles they operate. Failure to properly inspect the truck for defects and drive safely at all times could warrant a lawsuit.

The trucking company that employs them could also be held accountable for failure to make necessary repairs or do their due diligence before hiring a trucker.

Medical malpractice

Fatal medical malpractice claims can be filed against nearly any type of negligent or reckless healthcare provider with help from your Melbourne wrongful death lawyer. Some of the most common medical mistakes known for causing fatalities include:

• Misdiagnosis
• Medication mistakes
• Birth injuries
• Delayed diagnosis
• Failure to treat or provide follow-up care
• Surgical errors
• Anesthesia mistakes

Workplace accidents

No matter your work environment, work accidents can cause serious injuries. A wrongful death attorney in Melbourne can help you file a wrongful death action against those responsible and access the workers’ compensation death benefits your family may be entitled to. Some of the most common types of workplace accidents include:

• Construction accidents
• Factory accidents
• Work-related car accidents
• Explosions and fires
• Electrocutions
• Machinery or equipment accidents
• Manufacturing accidents
• Exposure to toxic substances
• Falls from elevated heights

Accidental poisoning and overdose

Accidental poisonings and overdoses are particularly devastating for surviving families, as these deaths are often completely unexpected, leaving the family unprepared for what is to come. Some instances in which you may have grounds for a wrongful death claim due to overdose or accidental poisoning include:

• Pharmacy workers filling a prescription with the wrong medication
• Physicians prescribing medications without taking or reviewing the patient’s medical history
• Property owner’s failure to provide working carbon monoxide detectors
• Property owner’s failure to remove lead paint
• Asbestos exposure when construction companies fail to provide workers with the necessary safety gear

Our Melbourne wrongful death lawyers are here to help you and your family

When you are having trouble coping with the devastating emotional trauma of your loss, bringing forward a wrongful death action may be the furthest from your mind.

However, when a Melbourne personal injury lawyer with Lytal, Reiter, Smith, Ivey & Fronrath takes your case, you can focus on mourning your loss. At the same time, we build a powerful case against the liable party. Complete our quick contact form or call our office at (561) 655-1990 to schedule your free, no-obligation consultation today.

Related articles for further reading

• What happens if you die without a will?
• Who can file a wrongful death claim?
• How are wrongful death settlements paid out?
• Major differences between an autopsy report & death certificate in Florida