Wrongful Death

Wrongful Death Attorneys Serving Families Throughout Florida

Losing a loved one due to someone else’s negligence is a devastating event that can dramatically change your life. The initial emotional impact combines with sudden changes to the dynamics of other family relationships and daily routines. During this challenging time, it’s important to have the support of an experienced Florida wrongful death attorney who can guide you through the legal process to pursue a wrongful death claim if your loved one’s fatal injury was caused by a careless or negligent party. This claim may provide compensation for lost wages and coverage for final expenses.

At Cohen and Cohen Law, our team of Florida wrongful death lawyers understands the unique challenges that arise from fatal accidents. We are here to guide you, represent you, and alleviate some of the burdens associated with these circumstances. Reach out to our law firm as soon as possible following a loved one’s death due to a fatal accident in Florida in order to request a free consultation with an experienced wrongful death attorney at our law firm. We can review your situation and assist you in planning your next course of action to file a wrongful death lawsuit and seek to recover damages.

Components of a Valid Wrongful Death Claim in Florida

A wrongful death occurs when a person’s negligent conduct results in the death of another person. The survivors among the immediate family of that deceased person are entitled to seek compensation for the loss of their loved one. However, the process is very specific.

A wrongful death claim in Florida involves a legal action initiated by the personal representative of the estate of the decedent, on behalf of designated surviving family members after a person has lost their life due to someone else’s negligent, intentional, or reckless behavior. It’s a civil lawsuit that allows those affected to seek compensation for the untimely loss of a loved one.

There are important aspects to consider, and which must be present in a Florida wrongful death case:

• Loss of a Human Life: The person passed away due to an incident that occurred in Florida.
• Proof of Negligence: It is crucial to establish that the defendant’s negligence directly caused the individual’s death.
• Damages Caused by the Loss of Life: It must be demonstrated that the surviving family members have suffered measurable damages as a consequence of the deceased’s untimely death.
• Appointment of a Personal Representative: The filing of a wrongful death lawsuit in Florida necessitates the involvement of a personal representative from the deceased’s estate.

In such cases, the survivors may be entitled to seek justice through different forms of compensation, perhaps including reimbursement for medical and funeral expenses, loss of companionship, and loss of future income and support. Nevertheless, the eligibility of individuals included in the lawsuit and the damages they can seek may vary depending on various factors.

If you are a survivor of a loved one who has died due to a fatal accident caused by another’s negligence, a Florida wrongful death lawyer at Cohen & Cohen Law will help you through each step of the process to seek a settlement in honor of your loved one.

Causes of Florida Wrongful Death Cases

There are various ways in which someone else’s negligence or fault can lead to a tragic loss of life in Florida, including:

• Car Accidents
• Drunk Driving Accidents
• Rideshare Collisions (Uber or Lyft Accidents)
• Trucking Incidents
• Motorcycle Crashes
• Train Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Workplace Accidents
• Construction Site Accidents
• Faulty Products
• Medical Malpractice Cases (Medical Negligence)
• Slip-and-Fall or Trip-and-Fall Accidents
• Negligent Security Incidents
• Unsafe Premises
• Unsafe Products
• Criminal or Intentional Acts

Our Florida wrongful death lawyers at Cohen and Cohen Law can assess how the factors present in these different scenarios can be investigated to prove wrongful death under Florida law. Let our established law firm evaluate your Florida wrongful death claim.

What You Can Seek to Recover in a Florida Wrongful Death Case

Medical or funeral expenses only represent part of the losses following the wrongful death of a loved one. Each family member experiences different losses depending on the nature and status of their relationship with the decedent. Many eligible family members may have the right to pursue a case for the following wrongful death damages under a single claim:

• Pain and suffering (mental pain, emotional trauma, and anguish)
• Medical expenses incurred for the deceased (medical bills relevant to the accident or negligent behavior)
• Future repercussions for the deceased’s family
• Value of lost benefits or lost support
• Funeral expenses, including burial or cremation
• Property damage

Each of these must be evaluated in its own way in coordination with your wrongful death attorney when seeking an answer to the question, “What is a wrongful death lawsuit worth?” These different types of losses are considered, evaluated, and estimated under different categories.

Economic Damages and Non-Economic Damages in a Florida Wrongful Death Case

The losses for which you may seek compensation may be categorized as either economic damages or non-economic damages.

Economic Damages in a Florida Wrongful Death Case

Economic damages encompass tangible and measurable monetary setbacks faced by the estate or family members due to the loss of a loved one caused by another’s negligence:

• Medical Expenses: These damages pertain to medical treatment, surgeries, and medications during the final illness or injury of your loved one. It’s important to consider these costs when seeking compensation.
• Funeral and Burial: We understand that funeral and burial expenses can put a strain on your finances. That’s why we’re here to help you recover reasonable costs associated with these arrangements.
• Lost Income: When someone passes away, it often also means the loss of their expected earnings and benefits. We will work diligently to estimate the decedent’s probable net income and the wages they would have contributed if they were still with us.
• Support and Services: The value of the care and assistance your loved one would have provided can’t be underestimated. We’ll fight for the compensation you need to help mitigate the impact of this loss.

Non-Economic Damages in a Florida Wrongful Death Case

Non-economic damages aim to address intangible, non-monetary losses. Let’s dive into the various categories:

• Emotional Distress: This refers to the mental anguish, sorrow, and emotional pain experienced by the survivors due to the untimely passing of their loved one. Pain and suffering due to the loss of a loved one would be included here.
• Loss of Companionship and Support: Surviving family members may receive compensation for the void left by the departure of the deceased person, including the loss of companionship, protection, and guidance.
• Parental Guidance and Support: If the deceased person had minor children, or if there is no surviving spouse, compensation may be granted to all children for the loss of parental companionship, loss of instruction, lost support, and loss of guidance.

In Florida, if your loved one endured suffering prior to their passing due to an injury caused by another’s negligence, you have the right to pursue compensation in a claim resembling a personal injury claim they would have been able to pursue if they had survived. This is referred to as a Survival Action.

Exploring Punitive Damages in Florida Wrongful Death Lawsuits

If you’ve experienced a tragic loss due to someone else’s actions, you may wonder if punitive damages are a possibility. Unlike compensatory damages, punitive damages are designed to punish the defendant for their particularly reckless or egregious behavior, while also discouraging others from engaging in similar misconduct.

In the state of Florida, there is a limit to the amount of punitive damages that can be awarded. Typically, punitive damages are capped at either three times the amount of compensatory damages or $500,000, depending on which amount is greater.

Cohen and Cohen Law is here to support you during these trying times. Let us assist you in navigating the legal complexities and remove some of the burden during this difficult time.

Proving a Florida Wrongful Death Case

A wrongful death case is distinct from a criminal case pertaining to any alleged wrongful act (such as a drunk driving accident) that may have led to the death of your loved one. To establish a wrongful death claim in Florida, certain elements need to be proven beyond a preponderance of evidence.

A wrongful death case in Florida therefore must show it is more likely than not that the defendant’s negligence caused the decedent’s unfortunate passing. This standard for proving liability for the victim’s death through wrongful death litigation in a civil court is less strict than what we see in criminal cases, where the proof must be shown beyond a reasonable doubt. Your lawyer will assess the presence of the essential elements before you file a wrongful death claim.

The following are the key components required in a valid wrongful death claim in response to a person’s death in Florida:

• Duty of Care: First things first, we need to establish that the responsible party had a duty of care towards the departed. The details may vary depending on the circumstances. In a case involving a fatal car accident, a driver is responsible for safely navigating the roads, ensuring the avoidance of any potential accidents.
• Breach of Duty: Once negligence is established, it is crucial to demonstrate that the at-fault party failed to fulfill their duty of care. When it comes to driving, this could mean speeding or reckless behavior on the road.
• Causation: With this element, we need to show that the breach of duty directly led to the unfortunate death of your loved one.
• Damages: Lastly, when proving wrongful death cases we must present evidence that the surviving party has suffered various forms of damages due to this tragic death. These may include expenses for medical treatment, funeral costs, and loss of income.

Notify Cohen and Cohen Law as soon as possible if you believe you may have cause to file a wrongful death claim in Florida. Our law firm will assist you and promptly provide you guidance during this difficult time.

Avoid Delays When Collecting Evidence and Seeking Legal Representation When Pursuing a Wrongful Death Claim

When it comes to wrongful death claims, it’s important to act swiftly and gather evidence without delay. This involves collecting eyewitness statements, acquiring surveillance footage, gathering medical records, and seeking expert witnesses who can testify about the cause of death and other technical aspects of the case.

Navigating this process can be overwhelming, which is why it’s crucial to partner with a trusted Florida wrongful death attorney. At Cohen and Cohen Law, our experienced legal team is here to assist Florida residents. We will guide you through the legal requirements, help you gather the necessary evidence, coordinate with expert witnesses, and ensure that your claim is filed within Florida’s statute of limitations for wrongful death. In Florida, the statute of limitations is typically within two years from the date of death. Discuss this matter with your attorney if you have any questions.

Calculating Damages in a Florida Wrongful Death Claim

When it comes to evaluating damages in a wrongful death claim in Florida, there are several considerations that come into play. Let’s take a closer look at what factors are taken into account and how they can ultimately impact such cases.

• Age of the Deceased: One crucial aspect that plays a significant role in determining economic damages is the age of the person who passed away. If the individual was relatively young, it is likely that they had many more years ahead of them to contribute financially and provide support. Consequently, this can lead to higher awards for lost income and assistance to the surviving family.
• Character of the Deceased: Another essential factor taken into consideration is the character of the departed individual, particularly their financial responsibility. The courts will evaluate whether the deceased was known for being diligent in providing for their loved ones. If they were, there is a higher likelihood of a larger amount being awarded for the loss of support and services.
• Life Expectancy: The life expectancy of the decedent prior to their untimely death is an essential aspect that affects potential damages. If the person was expected to live a long life, the financial loss suffered by the surviving family members could be substantial. Consequently, this can lead to an increase in the overall damages awarded.

When dealing with wrongful death claims in Florida, it is important to have a skilled wrongful death lawyer by your side. At Cohen and Cohen Law, our dedicated team of legal professionals works closely with reliable experts to determine the damages involved in a wrongful death suit. We collaborate with financial analysts who meticulously analyze the deceased’s earning potential and expected income, taking into account factors such as age, occupation, and life expectancy. In addition, medical specialists provide valuable insight into the deceased’s health and expected lifespan prior to the incident.

These testimonies from trusted experts play a crucial role in establishing the financial losses and non-economic damages, including pain and suffering, suffered by the surviving family. Trust Cohen and Cohen Law to guide you through this difficult process with compassion; our wrongful death lawyers are here to help you seek to recover damages following a loved one’s death due to a wrongful act.

Statute of Limitations for Wrongful Death Cases in Florida

In Florida, when it comes to filing a lawsuit for wrongful death, there’s a specific time limit to keep in mind. You have a two-year window starting from the date of death to take legal action. This is important because if you miss this deadline, you may lose the opportunity to seek compensation for the wrongful death.

There is an exception to this rule that you should be aware of, which may adjust the two-year timeframe. If the wrongful death is due to a criminal act, the statute of limitations can be extended until the criminal case is resolved. It’s something to discuss with our legal team at Cohen and Cohen Law if you’re considering filing a wrongful death claim in Florida that might involve criminal acts.

These matters can be quite complex, with precise time restrictions involved in wrongful death claims. That’s why it’s a good idea to consult with an experienced Florida wrongful death attorney as soon as possible. Our legal team can guide you through the legal process, ensuring you meet all the deadlines.

Rely On Cohen and Cohen Law To Respond To The Loss of Your Loved One With Effective Legal Action in Florida

Losing a loved one can be incredibly challenging and overwhelming. You may feel shock, sadness, despair, feelings of loneliness and isolation, irritability, and even anger. When someone’s negligence is to blame for this sudden loss, the emotional distress can be even more significant.

We have the knowledge and experience needed to navigate the legal process on behalf of the decedent’s personal representative. The financial implications of this loss can also be substantial, including medical bills, funeral and burial costs, and the loss of the deceased person’s income. By working with Cohen and Cohen Law, you can ensure that you have the support and guidance necessary to seek the compensation you need during this difficult time.

Experience, Compassion, and Support When You Need It

Our team understands the many types of pain a family goes through when there has been a fatality. We recognize that the lives of your family members may be turned completely upside down, and that you are all in need of strong legal assistance during a time of grieving.

At Cohen & Cohen, we have over 50 years of experience walking alongside families and fighting in the name of the victims of wrongful death caused due to someone else’s negligence. We know that it is extremely difficult to place a monetary value on a loved one’s life, and we will help to guide you with tact and understanding.

Filing a Wrongful Death Claim in Florida Through the Personal Representative

Under Florida’s wrongful death statute known as the Florida Wrongful Death Act, only one person can bring a wrongful death action on behalf of the surviving family. This individual, known as the personal representative, is typically designated in the deceased person’s will or estate plan. However, if no personal representative has been designated, the court may appoint one.

Which Family Members Can Pursue Interests in a Wrongful Death Lawsuit?

The personal representative files the wrongful death lawsuit, acting on behalf of the decedent’s estate and the surviving immediate family members. It is crucial to include all survivors with a valid interest in the case. This includes the decedent’s spouse, children, and parents of the deceased (if living), as well as any blood relatives or adoptive siblings who were dependent on the decedent for support or services.

Whose Interests Come First in a Florida Wrongful Death Lawsuit?

An adult child will have suffered damages that are different from a dependent minor child, whose interests typically take precedence because they have lost parental companionship, guidance, and support. The interests of adult children likewise typically would come before surviving parents. Your wrongful death lawyer can assess which immediate family members may be able to seek to recover compensation following a wrongful death in Florida.

Our Florida Wrongful Death Attorneys Can Help You Assess Each Family Member’s Ability or Inability to Participate in the Claim

It is important to note that specific rules govern which family members can seek damages and the types of damages that can be pursued in a wrongful death suit. For example, minor children may seek damages for the loss of parental companionship, instruction, and guidance, as well as financial and educational support. All children, including adult children, can seek these damages if there is no surviving spouse.

If you find yourself in this unfortunate situation, seek legal advice from the experienced team at Cohen and Cohen Law. The skilled attorneys at our law firm will help you navigate the complex legal landscape surrounding wrongful death in Florida and provide the support and guidance you need.

Schedule a Free Consultation with Cohen and Cohen Law to Evaluate Your Ability to File a Wrongful Death Claim in Florida

The loss of a loved one can completely upend your life, impacting your relationships, family dynamics, and daily routines. Coping with the aftermath of a tragic accident can give rise to numerous frustrations, emotions, financial difficulties, substantial expenses, and responsibilities during a trying time.

Our knowledgeable wrongful death legal team is prepared to take on some of this burden to help grieving families file a wrongful death lawsuit to seek appropriate compensation following the loss of a family member in all Florida counties.

Contact us today to schedule your free initial consultation directly with an experienced Florida wrongful death lawyer at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. We will collect important details to assess your wrongful death case and guide you regarding the appropriate next steps for your unique case. This first meeting is always free, with no obligation or pressure.

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