Experienced Plantation Florida Wrongful Death Lawyer
Plantation Wrongful Death Lawyers
Find out why we have some of the best wrongful death lawyers in Plantation
Plantation Wrongful Death Attorneys
If you have lost a loved one in an unjust death that has left you reeling, our wrongful death lawyers in Plantation are prepared to help you navigate this painful time. We may not understand exactly what you are going through, but we do know how to represent you to help you recover financially after a lost income, funeral, and burial costs have added insult to your injury.
In addition to physical loss, there may be medical bills, a lost income, funeral and burial costs to pay for. Filing a wrongful death claim can help cover all of these losses and more.
Call our Plantation wrongful death attorneys at (954) 758-4553 for a free consultation today.
Minor children are entitled to higher damages in wrongful death cases. Other relatives, such as siblings or grandparents, may be eligible for compensation after the primary beneficiaries have filed their claim.
Who Can File a Wrongful Death Lawsuit in Plantation?
In Plantation, Florida, the right to file a wrongful death lawsuit is governed by Florida Statutes, specifically Section 768.19. If you are related to the deceased in one of these ways, you may be eligible to file a wrongful death lawsuit:
Surviving Spouse:
- The surviving spouse is typically the first in line to file a wrongful death lawsuit.
- They can seek compensation for loss of companionship, emotional suffering, and financial support.
Children:
- If the deceased has children, they can file a lawsuit if there is no surviving spouse.
- This includes biological children and legally adopted children.
- Children can claim damages for loss of support, companionship, and guidance.
Parents:
- If the deceased is unmarried and has no surviving children, the parents can file a wrongful death lawsuit.
- They may seek compensation for emotional pain and loss of companionship.
Siblings:
- Siblings may be eligible to file a lawsuit if there are no surviving spouse, children, or parents.
- Their claim can include damages for loss of companionship and emotional distress.
Personal Representative of the Estate:
- If none of the above relatives are available or willing to file, the personal representative of the deceased’s estate can file a wrongful death lawsuit.
- The personal representative is usually appointed through the probate process and can act on behalf of the estate and its beneficiaries.
Available Damages in Wrongful Death Claims in Plantation
If you have lost a loved one, you may be eligible for financial compensation if your loved one has been lost due to the negligence or intentional act of another.
Depending on the circumstances, damages could include:
- Funeral and Burial Expenses: Funeral and burial expenses are typically covered by a wrongful death action as long as they are reasonable in nature and not excessive.
- Loss of Care: This type of compensation is awarded to the surviving family members for the loss of care and guidance they no longer receive from their deceased loved one.
- Loss of Consortium: This type of compensation is awarded to the surviving spouse for the loss of the companionship, comfort, care, and guidance they no longer receive from their deceased partner.
- Loss of Inheritance: If the deceased person was providing financial support to family members, this type of compensation seeks to recover the lost inheritance that would have been provided by the deceased in the future.
- Lost Earnings: Compensation is sought for any loss of future wages or income that would have been earned by the deceased person. The calculation includes potential raises, promotions, and benefits.
- Medical Expenses: This type of compensation covers the medical expenses incurred by the deceased person prior to their death, including doctor visits, hospital stays, and medications.
- Pain and Suffering: The surviving family members can seek compensation for the mental anguish or physical pain endured by the deceased person prior to their death.
- Punitive Damages: These damages are not awarded as often, but they might be applicable in cases of extreme negligence or intentional misconduct. They are meant to punish the responsible party and deter similar behavior in the future.
Top Causes of Wrongful Death in Plantation
In Plantation, Florida, several common causes can lead to wrongful death claims. Here are some of the top causes of wrongful death:
Traffic Accidents
- Car Collisions: Accidents involving cars, trucks, and motorcycles due to reckless or negligent driving, speeding, or driving under the influence. There were 12 fatalities due to auto collisions in Plantation in 2021. [1]
- Pedestrian Accidents and Bicycle Accidents: Collisions involving pedestrians or cyclists often result in serious injuries or fatalities.
Medical Malpractice
Errors in diagnosis, treatment, or surgical procedures can lead to wrongful death. This includes misdiagnosis, surgical mistakes, and failure to provide appropriate care.
Workplace Accidents
Fatal accidents can occur in various industries, especially in construction, manufacturing, and transportation, often due to unsafe working conditions or equipment failure.
Defective Products
Deaths result from the use of faulty or dangerous products, including automotive parts, household appliances, and medical devices.
Premises Liability
Fatal accidents can occur due to hazardous conditions on someone’s property, such as slip and falls, inadequate security, or unsafe construction sites.
Criminal Acts
Homicides or fatal assaults that result from criminal behavior, including domestic violence, shootings, or other violent incidents.
Drowning Incidents
Drownings can occur in private pools, public pools, or natural bodies of water, often due to negligence in supervision or safety measures.
If you believe a wrongful death has occurred due to someone else’s negligence, consult with our experienced attorney to explore your legal options and seek justice for the affected family.
Table of Contents
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Plantation Wrongful Death Attorneys
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Who Can File a Wrongful Death Lawsuit in Plantation?
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Available Damages in Wrongful Death Claims in Plantation
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Top Causes of Wrongful Death in Plantation
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Plantation Wrongful Death Lawsuit vs. a Survival Action
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Steps to File a Wrongful Death Case in Plantation
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Who Can Be Held Accountable For a Plantation Wrongful Death?
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Statute of Limitation for Wrongful Death in Florida
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Contact Our Plantation Florida Wrongful Death Attorneys Today
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Plantation Grief Resources
Plantation Wrongful Death Lawsuit vs. a Survival Action
Although widely used, it is critical to know both these terms serve different meanings.
Wrongful Death Lawsuit
A wrongful death lawsuit is a civil claim filed by the surviving family members of an individual who has died due to another party’s negligence or wrongful actions. The aim is to seek compensation for the losses incurred as a result of the death.
Key Characteristics
- Claimants: Typically filed by close relatives such as the surviving spouse, children, or parents. Florida law outlines who qualifies to file these claims.
- Compensation: Damages in a wrongful death lawsuit can include loss of companionship, emotional support, loss of financial support, funeral and burial expenses, and, in some cases, pain and suffering experienced by the deceased prior to their death.
- Time Limit: These lawsuits must be filed within two years from the date of the individual’s death.
Survival Action
A survival action allows the estate of the deceased to pursue claims that the deceased could have brought if they had survived. This type of action seeks compensation for the damages that the deceased incurred before their death.
Key Characteristics
- Claimants: Typically filed by the personal representative of the deceased’s estate. This person is appointed to manage the estate’s affairs.
- Compensation: Damages in a survival action can include medical expenses incurred by the deceased due to the injury, lost wages or income that the deceased would have earned, and pain and suffering experienced by the deceased before their death.
- Time Limit: Survival actions also must be filed within two years of the date of death, but the time limit can depend on when the injury occurred and the applicable statute of limitations for the underlying claim.
Differences
The primary difference between a wrongful death lawsuit and a survival action lies in their focus and purpose. A wrongful death lawsuit aims to compensate the surviving family members for their losses resulting from the death. In contrast, a survival action seeks to address the damages suffered by the deceased prior to their passing.
While both types of claims address the aftermath of a fatal incident, they serve different purposes and involve different parties.
Steps to File a Wrongful Death Case in Plantation
Filing a wrongful death case in Plantation, Florida, involves several important steps. Here’s a detailed guide to help you navigate the process:
1. Consult Our Attorney
Seek legal counsel from our experienced wrongful death lawyer. We can provide guidance, assess your case, and help you understand your rights and options. We offer a free consultation to discuss the specifics of your situation.
2. Gather Evidence
We will assist you in collecting all relevant documentation, including medical records, police reports, car accident reports and any correspondence related to the incident. Our team can guide you on how to obtain witness statements and other crucial evidence to support your case.
3. Determine Eligibility
Our legal team will help you identify who is eligible to file the wrongful death lawsuit, whether it’s a surviving spouse, children, or parents. If necessary, we can also help appoint a personal representative for the estate.
4. File a Notice of Claim (if applicable)
If required, we will handle the process of filing a notice of claim with the responsible party, ensuring that all legal requirements are met, especially if a government entity is involved.
5. Prepare the Complaint
Our wrongful death attorneys will draft the complaint outlining your case’s details, including the facts, the legal basis for the claim, and the damages sought. We will ensure that the complaint is filed in the appropriate court within the required timeframe.
6. Serve the Defendant
We will formally serve the defendant(s) with a copy of the complaint and a summons, ensuring they are officially notified of the lawsuit.
7. Engage in Discovery
Our wrongful death attorneys will guide you through the discovery process, where both parties exchange relevant information. We will handle depositions, interrogatories, and document requests to build a strong case.
8. Negotiate a Settlement
We will actively engage in settlement discussions on your behalf. Our wrongful death lawyers will negotiate with the defendant or their insurance company to secure a fair settlement. We will advise you regarding whether to accept any offers or proceed to trial.
9. Prepare for Trial (if necessary)
If a settlement cannot be reached, we will prepare your case for trial. Our team will gather evidence, prepare witnesses, and develop a comprehensive legal strategy to present your case effectively in court.
10. Receive Compensation
If we achieve a favorable judgment or settlement, we will ensure that you receive the compensation you deserve. This may cover various damages, including loss of income, medical expenses, and emotional suffering.
Who Can Be Held Accountable For a Plantation Wrongful Death?
In a wrongful death case in Plantation, Florida, several parties may potentially be held accountable, depending on the circumstances surrounding the death.
Here’s a breakdown of who can be liable:
Individuals
- Drivers: If the wrongful death results from a car accident, the negligent driver may be held liable for their actions, such as distracted driving, speeding, or driving under the influence.
- Property Owners: If the death occurs due to unsafe conditions on someone’s property (e.g., slip and fall incidents), the property owner may be held responsible for negligence in maintaining a safe environment.
Businesses
- Employers: If an employee’s actions while on duty lead to wrongful death (e.g., a delivery driver causing an accident), the employer may be liable under the doctrine of vicarious liability.
- Manufacturers and Distributors: If a defective product causes a death, manufacturers, distributors, or retailers may be held accountable for producing or selling a faulty product.
Medical Professionals
In cases of medical malpractice leading to death, doctors, hospitals, or other healthcare providers may be held accountable if their negligence resulted in the patient’s death.
Statute of Limitation for Wrongful Death in Florida
In Plantation, Florida, the Statute of Limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. [2]
This means that the lawsuit must be filed within this time frame to ensure that the right to seek compensation is preserved. There may be exceptions to the two-year rule, such as:
- If the death was not immediately discovered, the time limit may start from the date of discovery.
- If the responsible party is a government entity, different rules, and shorter time limits may apply.
Contact Our Plantation Florida Wrongful Death Attorneys Today
When you are deciding to file a wrongful death claim in Plantation, Florida, it is important to have experienced and knowledgeable legal representation on your side. At Goldberg & Loren, our wrongful death attorneys are dedicated to helping you seek the financial compensation you deserve. Contact us today for a free consultation.
Plantation Grief Resources
Sources:
[1] Fatal car crashes and road traffic accidents in Plantation, Florida. (n.d.). https://www.city-data.com/accidents/acc-Plantation-Florida.html#google_vignette
[2] Ray, D. (2023, June 2). Wrongful Death Lawsuits in Florida. https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-florida.html
Goldberg & Loren Personal Injury Attorneys
1776 N Pine Island Rd #224,
Plantation, FL 33322
(954) 727-3571
If you have lost a loved one to negligence or violence, we are here to assist you in seeking compensation for your losses. Reach out to us for a thorough evaluation of your case and to discuss the potential legal options available to you.
We Represent Families Who Have Suffered a Wrongful Death in the Following Cities and Communities Near Plantation, Florida.
- Broward County, FL
- Coconut Creek, FL
- Cooper City, FL
- Dania Beach, FL
- Davie, FL
- Fort Lauderdale, FL
- Lauderdale Lakes, FL
- Lauderhill, FL
- Margate, FL
- North Andrews Gardens, FL
- North Lauderdale, FL
- Oakland Park, FL
- Palm Beach County, FL
- Pembroke Pines, FL
- Sunrise, FL
- Tamarac, FL
- Wilton Manors, FL
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