Florida Wrongful Death Lawyer in Palm Coast
The sudden death of a loved one is one of life’s most difficult ordeals to handle. When an accident occurs that leads to the preventable death of a family member, it can be especially devastating for those left behind because the loss was unexpected and preventable. Family members and beneficiaries of the victim may have many questions and concerns regarding their loved one’s death and its impact on their future.
When someone is killed as a result of someone else’s recklessness or negligence, the family and beneficiaries of the deceased may file a civil lawsuit known as a wrongful death claim, seeking compensation from the wrongdoer for their losses. No amount of money can make things right after the loss of your loved one. But our knowledgeable attorneys have observed that a wrongful death settlement can help a grieving Florida family achieve closure and regain financial stability after the loss of a loved one who helped support the household.
Our experienced wrongful death lawyers at Chiumento Dwyer Hertel Grant are here to answer your questions, stand by your side and fight for your rights. With offices in Palm Coast and Ormond Beach, our full-service law firm is prepared to investigate the circumstances of your loved one’s death and work diligently to ensure that you receive the full compensation that you deserve for your loss. Call (386) 445-8900 to speak with someone about your case. Contact us today for help.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by the personal representative of the deceased’s estate on behalf of the immediate survivors. If your loved one died as a result of the carelessness or negligence of others, you may have a right to seek compensation.
A wrongful death lawsuit seeks monetary damages from the at-fault individual or company that caused the preventable death, signifying the conduct was intolerable.
Wrongful death is separate from any criminal prosecution of the person or company that caused the victim’s death. For example, a drunk driver may be charged by the police and face criminal prosecution for causing a fatal crash. The drunk driver also may be held accountable by the family of the person killed through a wrongful death lawsuit, demanding financial damages from the drunk driver’s insurance company.
Many circumstances leading to fatal injuries may be the basis of a wrongful death lawsuit in Florida including a:
- Car accident
- Truck accident
- Motorcycle accident
- Pedestrian accident
- Boating accident
- Bicycle accident
- Construction accident
- Negligent medical care
- Unsafe or mislabeled products
- Dangerous conditions on a property
- Work-related accidents
- Intentional criminal acts.
In Florida, compensation can be sought for certain types of losses in a wrongful death lawsuit. They include:
- Loss of care, guidance, and companionship that person provide to loved ones
- Mental pain and suffering
- Loss of support services the accident victim provided.
In certain cases involving intentional or outrageous conduct, punitive damages also may be sought to punish the wrongdoer.
Wrongful Death Damages: Which Ones Are Covered in Florida?
The deceased’s estate also may receive compensation for certain types of losses:
- Medical and funeral expenses
- Lost earnings from the date of injury to death
- Future lost income the deceased would have earned
- Pain and suffering before the accident victim died.
These are complex cases to pursue. That is where the experience of Chiumento Dwyer Hertel Grant in handling complicated wrongful death cases can make a significant difference in the outcome. Our nine attorneys collectively have decades of experience handling personal injury and wrongful death claims and are well regarded by our peers in the Florida legal community. Our compassionate attorneys are available to listen to your questions and concerns and discuss the appropriate steps to take next.
Who Can File a Wrongful Death Claim?
The State of Florida allows a wrongful death lawsuit to be brought on behalf of the accident victim’s immediate family, including the spouse, children, parents and other relatives who were dependents of the deceased.
Each survivor may seek to recover the value of lost services and support from the date of the loved one’s death as well as the value of future lost support and services.
The surviving husband or wife may claim compensation for the loss of their loved one’s companionship and protection and for mental pain and suffering from the date of the fatal accident.
Minor children may seek compensation for the loss of parental instruction, guidance and companionship and pain, and suffering.
Parents of a deceased minor child may recover for mental pain and suffering from the date of the accident in which the child was fatally injured.
Each parent of an adult child who is killed may be eligible to seek compensation for pain and suffering if there are no other survivors.
Statute of Limitation on Wrongful Death Claims in Florida
The length of time allowed to file a Florida wrongful death lawsuit is typically four years.
However, the length of time allowed in wrongful death claims involving medical malpractice is two years.
More time may be allowed to file a medical negligence wrongful death claim in cases involving fraud or intentional concealment by a health care provider causing a delay in the discovery of the cause of death.
If you don’t pay attention to the Florida wrongful death statute of limitations and fail to take legal action within the time allowed, the court may dismiss your claim.
It takes time to investigate the circumstances of a death and identify who should be held accountable for the wrongful death. Therefore, it is important to contact an attorney as soon as possible to begin work on your wrongful death claim.
How Our Florida Law Firm Can Help
Our compassionate attorneys can review the circumstances of your loved one’s death and explain your legal rights and the appropriate next steps. If negligence or misconduct on the part of another individual or company caused your loved one’s death, you may have a right to hold the wrongdoer accountable.
If we believe that you have a valid wrongful death lawsuit, our attorneys will thoroughly investigate the fatal accident to determine what really caused your loved one’s death and who should be held responsible. We frequently work with accident re-constructionists to understand how a fatal accident unfolded and to develop evidence to support a wrongful death claim.
We will calculate the losses that you and your family have suffered as a result of your loved one’s death.
We seek out all sources of insurance that may be available to cover your losses.
How Are Settlements Paid Out
We will submit a demand letter to the appropriate insurance companies demanding compensation for your losses and negotiate aggressively on your behalf. We will keep you informed of our negotiations on your behalf and any settlement offers received. We will offer trusted guidance based on decades of experience to help you make well-informed decisions.
Our attorneys have been helping individuals and families rebuild their lives after devastating losses for more than 40 years. Wrongful death cases can take many months to resolve. You want to work with an established law firm that has the resources to pursue the case to a conclusion.
Chiumento Dwyer Hertel Grant handles wrongful death claims on a contingent fee basis, so you do not have to worry about how to afford an attorney when your family is experiencing financial stress due to the loss of a loved one. You will not owe any attorney’s fee unless we are successful in obtaining compensation for you through a wrongful death settlement or jury award.
Contact Our Palm Coast, FL Wrongful Death Lawyers
If your family has suffered the loss of a loved one in a preventable accident or due to misconduct caused by someone else, please allow a compassionate Florida wrongful death lawyer at Chiumento Dwyer Hertel Grant to review the details and guide you through the process of holding the responsible parties accountable for your loss. We have been helping families in Flagler and Volusia counties since 1973. Contact us today to speak to a compassionate lawyer.