Fort Lauderdale Wrongful Death Attorney

A loved one’s death can be a traumatic and life-altering event. When a person loses their life due to someone else’s negligence, such as in a car accident, it can lead to financial, mental, and emotional suffering for the surviving family members. When a wrongful death occurs, any surviving family member has the right to hire a wrongful death lawyer to file a lawsuit and seek compensation for their damages. Continue reading to learn how Fort Lauderdale wrongful death lawyers can help you get justice for your loved one.

What Is Considered a Wrongful Death in Fort Lauderdale?

Wrongful death is when a person’s negligence causes someone else to lose their life. Generally, every person has a legal duty to provide reasonable care to others around them, and wrongful death cases are centered around this duty of care.  If a person breached the duty of care that led to the other person’s death, that person might be liable for the loss based on the facts of the case. Civil court cases such as wrongful death can be complicated, so you can benefit from hiring a Fort Lauderdale wrongful death lawyer to seek full and fair compensation for your loss.

What Kind of Evidence is Needed in a Wrongful Death Case?

Without sufficient evidence, the insurance company can delay or devalue your wrongful death claim, or you may not be able to convince a judge or jury that you deserve a favorable verdict. Here are the most common types of evidence needed in cases that involve a wrongful death:

Police Reports

Generally, when a fatal accident occurs, the local police arrive at the scene and make a detailed report of the accident. The report contains crucial information, such as how the accident occurred, the contact information of the people involved, and eyewitness statements. In wrongful death claims and lawsuits, the victim’s family members or attorneys can obtain a copy of the police report to use as evidence.

Autopsy Reports

An autopsy can be done to ascertain the cause of death. The victim’s autopsy report can help determine whether the opposing party’s wrongful act contributed to the victim’s death. Autopsy reports may not be legally required in all cases that involve wrongful death; however, they can be a crucial piece of evidence.

Medical Records

In some cases, the victim may spend some time hospitalized before they pass away due to fatal injuries. In that situation, the family member who pursues litigation to seek damages should have all medical records of the victim to submit as evidence in the wrongful death lawsuit or claim. They can also offer additional financial statements such as burial and funeral expenses, utility bills, and tax returns as evidence of the costs.

Death Certificate

A death certificate of the victim is also one of the standard documents required to prove negligence in a wrongful death case. The death certificate can contain important information like the victim’s cause and date of death. The death certificate can be obtained by your wrongful death lawyer from the Department of Health in the area where the death occurred.

Witness Accounts

Witness statements can strengthen your case. Whether you were present at the scene of the accident or not, you can get the witness contact information from the police report and get statements from all eyewitnesses. Your wrongful death lawyer can use this information to help you obtain fair compensation in the case.

Surveillance Footage

Video footage of the accident scene from dashboard cameras or CCTVs can be strong evidence that your wrongful death attorney can use to help you secure compensation for your financial and non-financial suffering.

Who Can Obtain Compensation In a Wrongful Death Case? 

In Fort Lauderdale, Florida, any personal representative of the victim’s estate can recover damages in a wrongful death lawsuit. The choice of the deceased’s personal representative is often determined by the court handling the estate administration of the deceased. Most commonly, spouses, children, parents, blood relatives, and adoptive siblings who were dependent on the victim can pursue litigation to seek compensation. If a minor dies, their parents can be entitled to compensation for their loss through a settlement or wrongful death suit.  In Florida, other than the deceased’s family members, the estate can also recover compensation for the wrongful death. However, this kind of compensation only includes the deceased’s property in their name alone. For example, funds, medical or funeral expenses paid by the estate, and lost earnings that would have been made throughout the deceased’s remaining lifetime can all go back to the estate.

Common Causes of Wrongful Death

Vehicle Accidents

More than 395,000 car accidents occur in Florida annually, and thousands result in wrongful death. Some common reasons for motor vehicle accidents that result in a wrongful death are driver distraction, intoxicated driving, speeding, and aggressive driving. The negligent driver can be legally responsible for paying damages to the victim’s family members. Truck accidents are typically more severe compared to car accidents and therefore have a higher fatality rate.

Medical Malpractice

Every patient relies on their medical providers to deliver a high standard of treatment and care. Any care that falls below that standard and leads to a severe injury or death, can be termed medical malpractice. According to a study, more than 250,000 deaths occur in the U.S. annually due to medical malpractice.    Medical malpractice can include surgical errors, delayed treatment, medication mistakes, and incorrect diagnoses. Wrongful death claims for medical malpractice can be filed against any doctor, surgeon, nurse, institute, or hospital where the defendant was employed.

Workplace Accidents

Workplace accidents are common when the staff has to manage and operate dangerous equipment. An employer or business owner can be liable for any accident in the workplace that leads to fatal injuries or wrongful death.

Defective Products

Manufacturers are legally responsible for ensuring all their products are safe to use for the intended purpose and do not have any manufacturing defects. They are also responsible for issuing warnings and instructions with their products to reduce the risk of consumer injury.   However, if the manufacturer breaches this legal duty and a consumer suffers a fatal injury or wrongful death, they can be held liable in court. For example, pharmaceutical companies that sell prescription drugs with misleading information or without rigorous testing can be held responsible in wrongful death lawsuits.

Construction Accidents

Construction accidents leading to wrongful death can occur for several reasons, such as equipment failures, scaffolding collapse, falls, and crane accidents. There can be multiple liable parties in a construction accident, including the construction company and the property owner.  Family members of the victim can get in touch with an experienced law firm and get guidance on filing for worker’s compensation death benefits in Fort Lauderdale, Florida.

Slip or Fall Injuries

A slip or fall accident can cause death. The property owner can be held liable if they fail to maintain a safe environment for all guests and visitors. Slip and fall accidents can range from tripping over an extension cord to slipping on wet or uneven surfaces on another person’s premises. In addition, the property owner can be responsible for compensating the victim’s family if a preventable accident leading to wrongful death occurs on their premises.

Nursing Home Abuse

Nursing home neglect and abuse can also cause wrongful death. Common kinds of nursing home abuse that can lead to the death of a resident include wrong medication, untreated wounds, bed sores, dehydration, malnutrition, inadequate supervision, insufficient mobility aids, and environmental hazards.

Why Do You Need to Hire a Wrongful Death Attorney?

• They Can Identify the Cause of Death: Wrongful death attorneys have years of experience handling different cases. An experienced attorney can help you identify the cause of the death of your loved one. There may be multiple liable parties, and the wrongful death lawyer can help you file a claim or wrongful death suit.
• They Can Negotiate with the Insurance Company: Insurance companies work to protect their profits, using various tactics to minimize their payout. For example, their legal team can contact you soon after the accident to negotiate a settlement. When you hire a Fort Lauderdale wrongful death attorney, they can handle the negotiations on your behalf and ensure you do not give in to the pressure of the insurance company and settle for less compensation than you deserve.
• Representation in Court: Getting legal representation from a wrongful death law firm can benefit your case. Your attorney can develop a winning strategy for your Fort Lauderdale wrongful death case by gathering sufficient evidence and getting expert witnesses to testify. They can also advise you when to settle and when to take the case to court.
• Calculating Compensation: Establishing the amount of compensation you deserve can be challenging. A qualified wrongful death attorney can help you calculate all economic and non-economic damages from the accident to ensure you secure fair compensation.

FAQs

What Is the Average Wrongful Death Settlement?

The surviving family members can obtain compensation for the pain and suffering associated with the loss, lost wages and inheritance, medical bills, rehabilitation, loss of consortium or security, burial and funeral expenses, and punitive damages.    A case that involves wrongful death can be unique, which means there is a wide range of settlement amounts. For example, the actual value of your Fort Lauderdale wrongful death lawsuit can depend on various factors, such as the cause of death, degree of negligence, and the damages suffered by the bereaved family. However, Florida’s average wrongful death settlement can range between $500,000 to $1 million.

Can You Sue for Wrongful Death In Florida?

In Florida, the family, including the spouse, children, parents, children born out of wedlock, any relatives, or adoptive siblings dependent on the victim, can file a wrongful death lawsuit or claim to recover damages. The timeline to file a wrongful death lawsuit in Florida is two years.

Can You Negotiate a Wrongful Death Claim Without a Lawyer?

While it is possible to negotiate a wrongful death claim without the help of a lawyer, it would be in your best interest not to do so. This is because the insurance company may approach you with a settlement offer after the accident has occurred, and they can try to convince you to settle for less compensation.    Accepting the settlement offer without consulting a Fort Lauderdale wrongful death attorney can be a mistake because you might not be aware of all the damages you deserve. If you accept the initial offer from the insurance company, it may not account for any future damages. As a result, you might not be able to claim additional compensation later.

How Can a Personal Injury Case Turn Into a Wrongful Death Case?

A personal injury case can develop into a wrongful death case. Sometimes people can suffer fatal injuries due to another person’s negligence, leading to death. A Fort Lauderdale personal injury lawyer can represent you in a wrongful death claim or lawsuit. Suffering the loss of a loved one can be heartbreaking, but you do not have to go through it alone. You can hire a skilled Fort Lauderdale wrongful death lawyer to handle your case and help you seek compensation for your losses. You are welcome to contact us at Tucker Law to learn how to best proceed with the wrongful death case.

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