Flagler County Wrongful Death Lawyers
Seeking Justice in Florida for the Loss of a Loved One
The unexpected loss of a loved one is devastating, and when that loss occurs due to someone else’s negligence or wrongdoing, the pain is even harder to bear. While no legal action can truly compensate for the loss of life, a wrongful death lawsuit can help grieving families seek justice and financial relief. At Politis & Matovina, P.A., we are committed to supporting families in Flagler County, FL, during these difficult times by helping them pursue wrongful death claims.
To learn how we can assist you, call our office at (386) 333-6613 or contact us online to schedule a case evaluation. We are proud to serve Flagler County and all of Florida!
What is Considered Wrongful Death?
A wrongful death occurs when a person dies as a direct result of another party’s negligence, recklessness, or intentional actions. Wrongful death can arise in a variety of situations, including car accidents, medical malpractice, workplace accidents, defective products, or criminal acts.
In Florida, the law allows certain family members of the deceased to seek compensation through a wrongful death claim. The purpose of these lawsuits is to provide financial support to surviving family members, hold the responsible party accountable, and prevent similar incidents from happening to others in the future.
Common Causes of Wrongful Death
There are many circumstances that can lead to a wrongful death, some of the most common include:
- Motor vehicle accidents: Negligent drivers, reckless driving, DUI, or distracted driving can all lead to fatal crashes.
- Medical malpractice: Misdiagnoses, surgical errors, and medication mistakes can result in death when healthcare providers fail to meet the standard of care.
- Workplace accidents: Dangerous working conditions or employer negligence can cause fatal injuries, especially in industries like construction or manufacturing.
- Defective products: Faulty equipment, unsafe consumer goods, or hazardous materials can cause fatal accidents.
- Criminal acts: Assault, murder, and other violent acts may lead to wrongful death claims in civil court, separate from any criminal charges.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, only certain individuals are eligible to file a wrongful death lawsuit. The decedent’s personal representative—often a spouse or family member—files the claim on behalf of the estate and the surviving family members. However, not every family member can receive compensation. Only the following parties are eligible to benefit from a wrongful death claim in Florida:
- Spouse: A surviving spouse can recover damages for loss of companionship, emotional pain and suffering, and loss of financial support.
- Children: Minor children (under 25 years old) can recover damages for loss of parental guidance, love, and support. Adult children may also be eligible if there is no surviving spouse.
- Parents: If the deceased was a minor child, the parents can recover damages. If the deceased was an adult with no surviving spouse or children, the parents may also be eligible.
- Other dependents: Other relatives, such as siblings or other family members, may be entitled to damages if they were financially dependent on the deceased.
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, certain circumstances may extend or shorten this period, making it crucial to consult with an experienced wrongful death lawyer as soon as possible.
Common Types of Damages
Wrongful death lawsuits are designed to provide compensation for the financial and emotional losses suffered by surviving family members. The damages available in a wrongful death claim are meant to address both the economic and non-economic consequences of losing a loved one. These damages include:
Economic Damages
Economic damages cover the financial impact of the wrongful death, including:
- Medical expenses: Any medical costs incurred before the deceased’s passing, such as hospital bills, surgeries, or medication.
- Funeral and burial expenses: Costs related to laying the deceased to rest, including funeral services, burial, or cremation.
- Lost income and benefits: The financial support the deceased would have provided had they lived, including future wages, pension benefits, and retirement savings.
- Loss of services: Compensation for household tasks or services the deceased provided, such as childcare, home maintenance, or other contributions to the family’s well-being.
Non-Economic Damages
These damages address the emotional and psychological impact of losing a loved one, including:
- Pain and suffering: Compensation for the emotional pain and suffering endured by surviving family members due to the loss of their loved one.
- Loss of companionship: Damages for the loss of the deceased’s companionship, guidance, and affection, particularly for spouses and children.
- Loss of parental guidance: Compensation for children who have lost the emotional and practical guidance of a parent.
Punitive Damages
In some cases, the court may award punitive damages. These damages are meant to punish the at-fault party for particularly egregious or reckless conduct and serve as a deterrent for similar actions in the future. While punitive damages are not awarded in every wrongful death case, they can significantly increase the total compensation available.
Why Choose Politis & Matovina, P.A.?
Navigating a wrongful death lawsuit can be a complex and emotionally draining process. At Politis & Matovina, P.A., we understand the challenges grieving families face, and we are dedicated to providing compassionate legal representation throughout the process. Our Flagler County wrongful death lawyers have extensive experience handling these claims and are committed to helping families recover the compensation they deserve.
We take a personalized approach to each case, thoroughly investigating the circumstances surrounding your loved one’s death, identifying the responsible parties, and working tirelessly to secure a fair settlement or verdict. We understand that no amount of money can replace your loved one, but we strive to alleviate the financial burdens and provide you with the support you need to move forward.
Our Firm can:
- Investigate the incident: Gather evidence, interview witnesses, and work with experts to build a strong case.
- Negotiate with insurance companies: Handle negotiations with the at-fault party’s insurance company to ensure you receive a fair settlement.
- Represent you in court: If necessary, take your case to trial and fight for the compensation you deserve.
To schedule a case evaluation with our Flagler County wrongful death attorneys, call our office at (386) 333-6613 or contact us online.
Our Victories Speak for Themselves
We've Recovered Hundreds of Millions of Dollars for Our Clients
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$6,500,000 Wrongful Death
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$5,500,000 WD/Semitruck, Garbage Truck
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$4,000,000 Car Accident
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$3,500,000 Severe head on collision
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$2,850,000 Motorcycle Accident
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$2,625,000 Motorcycle Accident