The last thing you want to think about when someone you love dies is money. Our Fort Lauderdale wrongful death lawyers know that you’re gearing up to pay for more than a funeral – you also have to deal with a sudden loss of income and onslaught of bills.
Fortunately, we’re here to help you stay financially secure and get justice for your family’s tragic loss.
Our personal injury lawyers in Fort Lauderdale have worked for locals since 1989. You can count on Winston Law Firm to take your concerns seriously without worsening your financial situation. Contact us today to learn more about the services we offer and how our contingency fees keep you financially afloat.
Who Can File a Wrongful Death Claim in Florida?
Florida’s state legislature only allows a person’s personal representative to file a wrongful death claim on their behalf. The deceased must name a personal representative before their death if they want that person to have the right to act in their name. If a person does not elect a personal representative, the state may do so after their death.
There’s no formal process for electing a personal representative. A person can elect a parent, child, spouse, or even a friend to act in their stead. Some people even choose to elect lawyers as their personal representatives.
Our wrongful death lawyers in Fort Lauderdale, FL, can help you read a person’s will to identify their personal representative. If you are their personal representative, we can walk you through the process of building a wrongful death claim in their name.
Who Benefits From a Wrongful Death Claim?
Personal representatives, also known as executors, aren’t the only people who have a right to the deceased’s estate. Instead, personal representatives divide a person’s estate between all of the parties named in the deceased’s will.
Personal representatives also make sure that any compensation from a wrongful death claim is made to the right parties. Damages from a wrongful death claim may benefit the deceased’s children, parents, spouse, and other dependents.
When Should You File a Wrongful Death Claim?
We recommend that you file a wrongful death claim shortly after a loved one’s death. The sooner you can bring information forward about a loved one’s death, the sooner your family can get the compensation you need to pay your bills.
Florida also limits the amount of time you can take to build a wrongful death claim. Florida Statute 95.11 (4)(d), or Florida’s statute of limitations, gives you no more than two years to act.
We understand that you’re dealing with life-changing grief. We don’t want to re-traumatize you by exposing you to the hard facts of a loved one’s death. That’s why our team can manage your investigation for you. You can focus on your family and loved ones while we find the evidence needed to hold someone responsible for your tragic loss.
What Accidents Entitle You to a Wrongful Death Claim?
Unfortunately, everyday accidents can evolve into family tragedies. Some of the most common personal injury claims to evolve into wrongful death claims may include the following:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Premises liability accidents
All of these accidents, and others, may entitle your family to a wrongful death claim. You can discuss your right to pursue wrongful death litigation with an experienced personal injury lawyer.
How Can a Fort Lauderdale Wrongful Death Lawyer Create Your Claim?
A Fort Lauderdale wrongful death attorney creates your loved one’s wrongful death claim by answering the following questions:
- Did someone owe your loved one a duty of care at the time of their accident?
- Did someone else’s negligence cause them to violate that duty of care?
- Did that negligence cause your loved one’s death?
- Has your family suffered economically as a result of your loved one’s death?
We answer these questions through the use of evidence. Data ranging from videos of your loved one’s accident to bystander statements and electronic data all have a place in your fight for compensation.
You can count on our staff to keep you up to date as our investigation into your loved one’s fatal accident progresses. We can break down our analytical tactics so you can better understand why we may name specific parties responsible for your losses.
What’s the Average Value of a Wrongful Death Settlement in Fort Lauderdale?
Florida values each of its wrongful death cases individually. While you can refer to precedent when calculating the value of a wrongful death case, there’s no “average” settlement amount. Instead, our team calculates the value of your wrongful death settlement by accounting for economic and non-economic losses like the following:
- Property damage and restoration
- Emergency care and ambulance fees
- Premortem care
- Hospice care, if applicable
- Lost wages and lost income
- Funeral expenses
- Emotional distress
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of consortium
- Loss of companionship
Do You Have to Go to Trial to Win Damages in a Wrongful Death Case?
A wrongful death attorney in Fort Lauderdale does not have to take your case to trial to secure a fair case settlement. Our team can navigate you through private settlement negotiations to streamline the legal process.
However, we recognize that many families don’t want to meet with the person who killed their loved one. While we can encourage mediation as a case progresses, we can also prepare you to go to trial if you would prefer a judge to oversee your case.
Book a Free Wrongful Death Case Consultation Today
Our wrongful death attorneys in Fort Lauderdale, FL, can support your family as you grieve the loss of a loved one. We can prioritize your right to financially recover from a tragic accident without infringing on the time you need to grieve. That assistance can keep you on top of your bills while giving you the space you need to emotionally process this tragedy.
Winston Law offers free case evaluations to families interested in pursuing wrongful death claims in Florida. We can identify your loved one’s personal representative and recommend the best course of action in our effort to get your family back on its feet. Contact us today to book your case assessment.
