Daytona Beach Wrongful Death Attorney

Compassionate Representation from Lawyers Who Care

No sum of money, regardless of size, can ever replace a loved one. However, monetary compensation for your loss can be invaluable in helping you continue to provide for your family, seek counseling for your grief and help to pay your living expenses. When pursuing compensation in a wrongful death case, the guidance of an experienced Daytona Beach wrongful death lawyer can make all the difference as to offers from the insurance company or a favorable settlement or court judgment.

At Politis & Matovina, P.A., we understand the pain of losing a loved one. We also understand the confusion related to the wrongful death claims process. We believe that no one should have to face the wrongful death claims process alone and work to offer the compassionate guidance you need to pursue justice for your loss.

What Qualifies as a Wrongful Death in Florida?

A wrongful death occurs when someone's death is caused by the wrongful act, negligence, default, or breach of contract of another party. Common scenarios include car accidents, medical malpractice, defective products, and criminal activities. If the deceased could have pursued a personal injury lawsuit had they survived, their death likely qualifies for a wrongful death claim under Florida law.

What is a Wrongful Death Lawsuit?

A wrongful death claim in Florida, like in many other states, is a legal action that allows surviving family members or representatives of a deceased person to seek compensation for the death of their loved one when that death was the result of someone else's negligent or intentional actions. This type of claim is designed to provide financial relief to the surviving family members for their losses and to hold the responsible party accountable for their actions.

To succeed in a wrongful death lawsuit, the plaintiff (usually the personal representative) must establish that the death was caused by the negligence or wrongful act of the defendant. This requires demonstrating a direct link between the defendant's actions or omissions and the death.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the personal representative of the deceased person's estate is typically the one who initiates the wrongful death claim. The personal representative is often named in the deceased person's will or appointed by the court. This representative files the claim on behalf of the surviving family members who are entitled to compensation.

The Florida Wrongful Death Act defines who can be considered a survivor and, therefore, eligible to participate in the lawsuit. These potential beneficiaries typically include:

• Spouse: The surviving spouse of the deceased is usually the first and most common beneficiary in a wrongful death lawsuit in Florida. The spouse may be entitled to damages for loss of companionship and protection, as well as for the emotional pain and suffering caused by the death.
• Children: Surviving children of the deceased are also considered beneficiaries. This includes biological and adopted children, as well as any children born out of wedlock who were dependent on the deceased for support.
• Parents: If the deceased person had no surviving spouse or children, the parents of the deceased may be eligible to recover damages. However, they can only recover damages if they were dependent on the deceased for support or services.
• Other Dependents: In some cases, individuals who were dependent on the deceased for financial support or services may be considered beneficiaries. This could include siblings, other relatives, or even non-relatives who relied on the deceased for support.
• Estate: Any damages recovered in a wrongful death lawsuit in Florida are typically distributed through the estate of the deceased. The estate may be responsible for covering the deceased's medical and funeral expenses and may also receive compensation for these costs.

What is the Role of a Personal Representative?

The personal representative, often named in the deceased person’s will or appointed by the court, is responsible for filing the wrongful death lawsuit and managing the legal process. This representative acts on behalf of all eligible family members and the estate. They are tasked with distributing any damages awarded by the court to the appropriate beneficiaries according to Florida’s wrongful death statute.

What Damages Are Available in a Wrongful Death Claim?

In Florida damages for a wrongful death claim are recoverable by two different parties, the surviving family members of the deceased and the deceased’s estate. Damages collectible by surviving family members typically seeks to compensate for abstract losses such as:

• Economic Damages:
  • Medical and funeral expenses related to the deceased.
  • Loss of financial support, including the income and benefits the deceased would have provided to the family.
  • Loss of the value of services and support the deceased would have provided, such as childcare, household maintenance, and more.
  • Loss of prospective net accumulations, which refers to the savings and investments the deceased would have accrued over their lifetime.
• Non-Economic Damages:
  • Pain and suffering experienced by the surviving family members due to the loss of their loved one.
  • Mental anguish and emotional distress resulting from the death.
  • Loss of companionship, guidance, and protection provided by the deceased.
• Punitive Damages: In certain cases where the death resulted from intentional misconduct or gross negligence, punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar behavior in the future.

Can a Wrongful Death Lawsuit be Settled Out of Court?

Yes, many wrongful death lawsuits in Florida are settled out of court through negotiations between the involved parties and their attorneys. Settling can often result in a quicker resolution without the need for a lengthy trial. However, if a fair settlement cannot be reached, the case may proceed to court, where a judge or jury will decide the outcome.

Can a Wrongful Death Lawsuit Be Filed If Criminal Charges Are Also Being Pursued?

Yes, a wrongful death lawsuit is a civil action and can be filed separately from any criminal proceedings. Even if the defendant is facing criminal charges, such as manslaughter or murder, the family can still pursue a civil wrongful death claim. Civil cases have a lower burden of proof than criminal cases, meaning it’s possible to win a wrongful death lawsuit even if the defendant is not convicted of a crime.

Can I File a Claim for The Death of an Unborn Fetus in Florida?

Some states allow parents to file a claim if the fetus was "viable" at the time of death, meaning able to live outside and in the mother's womb. However, because Florida does not recognize a fetus as a person until the child is born they do not allow wrongful death claims to be filed on behalf of an unborn child.

Parents are not without options to file a claim though. Mothers can file a personal injury claim against the at-fault party. This claim can be for both physical injuries and emotion injuries due to the loss of a child. It is difficult for fathers to bring a personal injury claim of this type since the person filing must have been directly injured by the negligent party.

How Long Do I Have to File a Wrongful Death Claim in FL?

The statute of limitations for wrongful death claims in Florida is two years. This means you have two years from the date of death to file a claim or you will lose your right to do so.

Keep in mind, if your loved one’s death was a result of an accident the date of the accident may not be the same as the date of death. Florida does allow some exceptions to this two years rule. An attorney from our firm can help you determine how long you have to file a claim.

Why Hire a Lawyer for a Wrongful Death Claim?

In many cases involving the wrongful death of loved ones, insurance companies are quick to make low-ball settlement offers to reduce their costs and final pay-outs. Often, the amount proposed barely scratches the surface of your losses and can leave you trying to recover from your loss financially and emotionally.

Our aggressive approach towards insurance companies is designed to help you obtain fair compensation for your loss, including:

• Funeral expenses
• Loss of consortium
• Loss of potential income
• Pain and suffering
• Grief counseling and emotional care

During this difficult time, we know that you need personal care that goes beyond a simple aggressive approach to your legal issues. You also need someone to be there for you, to answer your questions and to provide the advice you need to understand your proceedings and your options for pursuing justice.

Ready to Get Started? We're Here to Help!

Our Daytona Beach wrongful death lawyers take a compassionate approach to every case and will work to get to know your unique needs and concerns. We are always available to answer questions or offer a referral for grief counseling. After all, legal proceedings shouldn’t cause additional harm, especially when you have lost a loved one. To further reduce stress during this trying time, we offer our services solely on a contingency fee basis, meaning that you are not responsible for legal fees unless we are successful in helping you recover compensation for your losses.