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When you have lost a loved one because of another person’s careless actions, the Fort Lauderdale wrongful death attorneys at the law office of Wolf & Pravato understand how important it is to focus on the relationships you have. From distracted driving accidents to medical malpractice to mesothelioma, our team has handled wrongful death lawsuits like yours before and can help you seek the compensation your family deserves.
What Actions That May Support a Fort Lauderdale Wrongful Death Claim?
In wrongful death cases, liability may arise for negligent and reckless acts. These actions may be brought for either an intentional or unintentional act that causes an injury that results in death.
If a situation could support a personal injury case, it could likely support a wrongful death action if the victim passed away. This includes:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Boat accidents
- Bicycle or pedestrian accidents
- Slip and falls
- Swimming pool accidents
- Premises liability accidents
- Dog bites
- Medical malpractice
- Defective products, drugs, or medical equipment
- Criminal acts of violence
- Other types of negligence cases
If you believe that another party’s negligence caused your loved one’s death, regardless of the circumstances, the Law Offices of Wolf & Pravato invite you to call us for a free consultation on your case.
Why Wrongful Death Action Is Separate from Criminal Charges?
It is important to remember that, even when the at-fault party faces criminal charges, a wrongful death action is separate from these criminal charges. A lawsuit does not impact a criminal proceeding and vice versa.
This means that a victim’s family may sue a defendant acquitted of murder for damages. In fact, because the burden of proof is more difficult to prove in a criminal case, it may be easier to recover compensation in a wrongful death suit than get a conviction in court.
How Fort Lauderdale Wrongful Death Lawyer Help Families in Wrongful Death Case?
These cases are quite different from other areas of personal injury law, which means it’s easy to become confused, especially in the days following an unexpected tragedy. Here at the law offices of Wolf & Pravato, our Fort Lauderdale wrongful death lawyer team will take the time to make sure you understand the ins and outs of your case so you feel comfortable each step of the way.
For starters, the personal representative of the estate of a deceased victim is authorized to file a suit against those responsible for the person’s death. Liability may arise for negligent, reckless, and intentional acts.
A wrongful death action is separate from criminal charges. A lawsuit does not impact a criminal proceeding and vice versa. This means that a victim’s family may sue a defendant acquitted of murder for damages. Our Fort Lauderdale wrongful death lawyer helps in your lawsuit.
These actions may be brought for either an intentional or unintentional act that causes an injury that results in death.
How to Get Compensation For Wrongful Death Damages in Fort Lauderdale?
Our wrongful death attorney in Fort Lauderdale can help you determine the compensation you and your family are entitled to seek through a lawsuit. In general, damages permitted for these cases in Fort Lauderdale include medical, hospital, funeral, and burial expenses, as well as compensation for the decedent’s pain and suffering, during any period of consciousness between the time of injury and death.
What Losses Suffered in Wrongful Death in Fort Lauderdale?
Our Fort Lauderdale wrongful death attorney can help you determine the compensation you and your family are entitled to seek through a lawsuit. In general, Fla. 768.21 permits damages in a wrongful death case that may include medical, hospital, funeral, and burial expenses, as well as compensation for the decedent’s pain and suffering, during any period of consciousness between the time of injury and death.
Losses suffered by the decedent’s spouse, children, or next of kin may also be accounted for, and include:
- loss of financial support,
- loss of service,
- loss of gifts or other valuable gratuities,
- loss of parental training and guidance, and
- loss of society and companionship.
In these cases, unfortunately, there is sometimes jockeying between relatives to control the personal representative of the estate, such that they get to select the Fort Lauderdale wrongful death lawyer and have greater influence over the distribution of any damages awarded. It can be very disruptive and unpleasant when families seem more concerned about how to divide the compensation than they are with the fact that they lost a loved one.
Fortunately, Wrongful Death Act outlines the types of damages that may be available to each family member based on their relationship with the decedent. We may be able to use these guidelines to help solve disputes before they occur, in some cases.
The Fort Lauderdale wrongful death lawyers at the Law Offices of Wolf & Pravato are here to offer guidance through these and all aspects of the lawsuit so that you can begin to move forward again.
How Lawyers Help Fort Lauderdale Families Navigate Wrongful Death Cases?
Wrongful death cases are different from other areas of personal injury law. wrongful death law is complex and can be challenging to navigate, especially in the days following an unexpected tragedy.
When you work with the Law Offices of Wolf & Pravato, our caring Fort Lauderdale wrongful death lawyers will take the time to make sure you understand the ins and outs of your case, so you feel comfortable each step of the way.
For starters, Fla. 768.21 only allows the decedent’s personal representative to take legal action in a wrongful death case. An individual can become the personal representative of an estate if:
- They are named executor of the will or administrator of the estate plan; or
- The court appoints them to handle the process
It is important to note that when the personal representative works with us to pursue wrongful death damages, it does not mean that any compensation automatically belongs to them. The personal representative is acting on behalf of the estate and must list the parties who could potentially benefit as a part of the claims process. In general, this could include:
- The decedent’s spouse
- Their children
- Their parents
- Their siblings
- Others who may qualify to receive compensation
We can help compile this list and explain who may be eligible to receive what type of compensation for their losses if we can secure a payout through a Fort Lauderdale wrongful death action. We can work closely with the personal representative of the estate of a deceased victim to determine if we have the evidence necessary to hold the at-fault parties responsible for the person’s death.
The Law Offices of Wolf & Pravato generally handles Fort Lauderdale wrongful death claims on a contingency-fee basis. We do not take retainers from our clients to cover attorney fees. Instead, you owe us no attorney fees unless and until we recover a settlement or award in your case. If we do not secure payment for your loved one’s estate, we do not get paid for the time we spent on your case.
What is the Time Limits on Pursuing a Fort Lauderdale Wrongful Death Case?
Florida law limits how long the personal representative of your loved one’s estate can wait to take legal action in a Fort Lauderdale wrongful death case. While there are some exceptions, Fla. 95.11 generally limits the window to file a wrongful death lawsuit to two years.
This means you could have as little as 24 months after your loved one’s death to seek and possibly secure a court award. If you are interested in pursuing this type of compensation and holding the liable party legally accountable, reach out to the Law Offices of Wolf & Pravato for a free case review.
We May Be Able to Handle Your Case So You Can Focus on What Is Important
Our team understands how difficult it can be to feel any sense of normalcy in your everyday life after losing a close family member to a tragic accident. The unexpected nature of these incidents gives you little time to prepare. Let our team handle the legal aspects of your case, and you can focus on spending time with your family and taking time to recover emotionally.
When you hire the Law Offices of Wolf & Pravato to manage your case, our firm can:
- Handle all communications on your behalf.
- Manage all legal deadlines and paperwork in your case.
- Identify the liable party.
- Gather evidence of their negligence and the extent of your losses.
- Negotiate with the responsible party’s insurance company.
- Take your case to trial if they are not willing to make you a fair offer.
Whether you are a surviving family member or personal representative, a member of our team will be happy to help you understand the steps we may be able to take on your behalf. Call us today at (954) 633-8270 for a free consultation.
Our Fort Lauderdale Wrongful Death Attorney Represent Families
The Fort Lauderdale personal injury attorney at the law office of Wolf and Pravato are here to help the families of victims. Justice is not automatic, Our wrongful death lawyer Fort Lauderdale can help your family obtain compensation after your loved one’s tragic passing. A wrongful death lawyer with the Law Offices of Wolf & Pravato can build a case against the liable party while you grieve with your family. Get in touch with us at 1-954-633-8270 today. We may be able to offer you representation on a contingency-fee-basis, where we do not collect lawyer fees unless and until you recover compensation at the end of your case.
Fort Lauderdale Wrongful Death FAQs
1. What Constitutes a Wrongful Death?
A wrongful death is any death that should never have occurred and only did occur due to another’s negligence. Florida Statutes § 768.19 states that a person has the right to sue over a death if it “is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.”
Still not sure if you have a viable wrongful death case? You can consult a Fort Lauderdale wrongful death lawyer from our office. We will tell you all you need to know.
2. How to File a Wrongful Death Lawsuit?
Filing a lawsuit that the courts will accept takes significant effort and attention to detail. You can do so by:
- Hiring a wrongful death lawyer in Fort Lauderdale
- Giving them time to collect evidence and learn about your case
- Contacting the liable party with your demands
- Negotiating with the liable party for a settlement and/or taking the liable party to court for a jury award
One of our Fort Lauderdale wrongful death attorneys can help you with all of the steps involved in filing a wrongful death lawsuit.
3. How Long Does a Wrongful Death Lawsuit Take?
You have limited control over how long your wrongful death suit takes. For example, if you hire a lawyer and file your case within the state’s statute of limitations (found in Florida Statutes § 95.11), this could shave some time off your suit. However, many factors are beyond your control. You have no say over whether the liable party will fight your case or how swiftly the court will move. If you have any concerns over your case’s pace or progress, feel free to talk to your lawyer.
4. What is the Average Wrongful Death Settlement?
There is no “average” settlement for wrongful death cases or any other type of case. You should instead focus on determining:
- How much money you lost through funeral expenses, loss of financial support, and so on
- Your intangible losses, such as grief and loss of companionship
- The money and physical and emotional pain your loved one experienced prior to their passing if they never filed their own lawsuit for these damages
The combination of these losses will inform how much you can seek in compensation. A wrongful death attorney in Fort Lauderdale can help you by calculating an appropriate settlement.
5. What is the Difference Between Wrongful Death and Negligence?
Negligence can cause a wrongful death, but not all negligence has fatal consequences. You must prove the liable party was negligent before you can collect compensation from them. Here are a few examples of the relationship between wrongful death and negligence:
- The deceased bought a product that malfunctioned because the manufacturer knowingly used subpar materials. You could have a wrongful death case based on product liability.
- The deceased passed away after a drunk driving accident. The drunk driver behaved negligently, causing your loved one’s wrongful death.
- A dangerous dog attacked your loved one, who passed away soon after. The dog’s owner displayed negligence by failing to properly restrain the dog, causing it to get loose and attack an innocent person.
Wrongful Death Locations Served
- Boynton Beach Wrongful Death
- Fort Myers Wrongful Death
- West Palm Beach Wrongful Death
- Miami Wrongful Death
- Tampa Wrongful Death
Read our blog related to wrongful death:
- How the Jeffrey Klee Memorial Act Affects Wrongful Death Laws in Florida
- Illinois Man Enters Confidential Settlement in Wrongful Death Lawsuits and Pleads Guilty to Crime