Wrongful Death Lawyer Hollywood, Florida
When you’re filled with emotions of pain and anger, it’s only natural to want accountability. This goes beyond financial compensation—seeking justice for the individual you’ve lost. It’s about finding the strength to stand up and assert that the guilty party must be held responsible for their wrongful actions.
If the time comes when you need a wrongful death lawyer, the professionals at Barzakay Law Firm are here for you.
What is a Wrongful Death Lawyer?
During times of immense grief and suffering, the presence of a wrongful death lawyer can make a world of difference for grieving families. These dedicated professionals understand the importance of seeking compensation and justice for their clients. In the devastating event of a loved one’s untimely passing due to someone else’s negligence, there is hope for seeking justice through a wrongful death claim. It allows them to find some justice and closure during this difficult time.
If you’re facing the tragic loss of a loved one, exploring the possibility of filing a wrongful death claim could be a sensible step towards seeking the compensation you rightfully deserve. It is crucial to understand that in civil cases, the burden of proof is often lower than in criminal cases. This means it could be easier for you to build a strong case for wrongful death and secure the justice and financial support your family deserves.
What is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Florida?
In Florida, time is of the essence when it comes to pursuing a wrongful death claim. Typically, the law requires families to file a wrongful death lawsuit within two years from the date of their loved one’s passing. Missing this window can mean losing your chance to seek justice, regardless of how strong your case might be.
There are rare instances, such as cases involving murder or manslaughter, where this deadline may be extended. However, for most wrongful death claims—including those stemming from accidents, medical errors, or negligence—the two-year time frame applies strictly. That’s why consulting with a knowledgeable attorney as soon as possible can ensure your rights are protected and vital evidence is preserved.
What Are the Common Causes of Wrongful Death?
Aside from auto and truck accidents, there are several causes of wrongful deaths. Some of the common causes of wrongful death include the following:
- Medical Malpractice.
- Motor vehicle accidents.
- Commercial truck accidents.
- Motorcycle accidents.
- Workplace accidents.
- Defective products.
- Pedestrian accidents.
- Boating accident.
- Occupational hazards.
- Nursing home abuse and neglect.
- Criminal actions like stabbing, shooting, and other violent acts.
Who Can Sue for Wrongful Death?
Who Qualifies to File a Wrongful Death Claim in Florida?
Navigating who can actually bring a wrongful death claim in Florida can be confusing during an already overwhelming time. Rather than just any grieving loved one stepping forward, the law designates a specific path.
In Florida, the person allowed to file a wrongful death lawsuit on behalf of your loved one is referred to as the “personal representative” of the deceased’s estate. Sometimes this is the executor named in a will. If there was no will, the court will appoint someone—often a close relative—to serve in this role.
Although the personal representative is the one who legally files the claim, they do so for the benefit of surviving family members who have suffered losses due to the wrongful death. The main groups eligible to recover compensation typically include:
- The surviving spouse
- Minor children, and in some cases, adult children
- Parents of the deceased
- Other dependent biological or adoptive relatives, if they were financially reliant on the deceased
It’s worth noting that not all types of compensation are available to every survivor. For example, while a spouse and minor children might be entitled to damages for pain and suffering, parents of adult children only have this right if there are no other survivors.
Understanding who qualifies to seek compensation is an important step before beginning the legal process.
To prove wrongful death claims and get a wrongful death settlement, the plaintiff must show:
1. Negligence: Negligence means that the fault party acted recklessly and that recklessness led to the victim’s death. It is the foundation of most civil lawsuits, and the plaintiff must prove it if they hope to win their case.
2. Breach of Duty: The law recognizes a fiduciary relationship between certain groups of people. For example, a fiduciary relationship exists between doctors and their patients, drivers and passengers, and employers and employees. A plaintiff must show that this duty of care existed and the defendant breached it. They must also show that the breach results from the defendant’s negligent actions.
3. Causation: After proving the first two, the plaintiff must link the negligent act and breach of duty to the victim’s death. It means that they must show that the injuries sustained by the victim led to their death. If there were an underlying medical condition that caused the death, a wrongful death claim would not stand. This is why hiring a Hollywood, Florida, wrongful death attorney is vital. Our lawyers will help show the link between the negligent act and the victim’s death.
4. Damages: Lastly, the plaintiff must show they suffered damages from the at-fault party’s negligent act. Damages could be monetary and non-monetary. Monetary in terms of the medical bills accrued while treating the victim before their death, and non-monetary, like the mental anguish suffered by relatives.
To win a wrongful death lawsuit, the plaintiff’s wrongful death lawyers must prove all four elements. Doing this requires providing strong and convincing evidence. Some of the preceding would be eyewitness statements and testimony of expert witnesses. A knowledgeable wrongful death lawyer would build the case around the facts provided and ensure you get the maximum settlement.
Who Can Recover Compensation for Pain and Suffering After a Wrongful Death?
Compensation for pain and suffering isn’t issued equally to all survivors. State law establishes specific guidelines on who qualifies to recover for emotional distress after a wrongful death. Generally, a surviving spouse and any minor children can seek damages for the pain and suffering caused by the untimely loss of their loved one. In certain circumstances, parents may also be eligible—most often when the deceased person was a minor or if there are no surviving spouse or minor children.
For instance, if a spouse and young children remain, they typically have priority for these types of damages. On the other hand, parents of an adult child may only pursue compensation for pain and suffering if no other dependents or survivors exist. Every case is unique, so understanding your specific rights is key. If you’re unsure about your eligibility, an experienced wrongful death lawyer can clarify who, under Florida law, is entitled to bring such a claim.
What Are the Damages for Wrongful Death?
When dealing with wrongful death cases, it’s crucial to grasp the legal implications involved. Although it may seem difficult to comprehend, it’s vital to note that you are not pursuing a lawsuit on behalf of the deceased or seeking compensation for their losses. By following legal action, you seek justice and exercise your rights to receive compensation for your losses. Even if you were not directly affected by the tragic event, it is essential to consider taking legal steps and seeking compensatory damages.
When it comes to pursuing a wrongful death case, seeking damages that are separate from actual damages is quite common. These damages serve a specific purpose, and it’s advisable to seek guidance from your wrongful death lawyer for a more comprehensive understanding of this legal concept. They will be able to provide you with detailed explanations tailored to your specific situation and guide you through the process.
According to Hollywood Florida law, you can sue for the following:
- Lost wages of the victim.
- Current and future medical expenses.
- Therapy or psychiatric treatment for the family of the victim.
- Loss of companionship, guidance, and protection.
- Funeral and burial expenses.
- Mental anguish.
- Loss of household services such as child care, transportation, yard work, etc.
- Loss of enjoyment of life.
- Loss of consortium.
- Punitive damages.
These damages are a powerful deterrent against future misconduct, clearly showing that such behavior will not be tolerated. By imposing punitive damages, we maintain justice and ensure accountability for those who have caused harm.
Are There Limitations on Which Survivors Qualify for Certain Types of Compensation?
Yes, not all family members are eligible for every type of wrongful death compensation. For instance, spouses and minor children are typically entitled to damages for pain and suffering resulting from their loss. However, parents of adult children face stricter guidelines—they can usually only seek compensation for pain and suffering if the deceased had no surviving spouse or minor children. Understanding these distinctions is important before pursuing a claim, as state law determines who qualifies for each category of damages. Consulting with an experienced wrongful death attorney can clarify your rights based on your relationship to the deceased and your specific circumstances.
Contact A Wrongful Death Lawyer in Hollywood, FL
We strongly advise you to contact the dedicated and experienced team of wrongful death lawyers at Barzakay Law Firm in Hollywood, FL. Our wrongful death lawyer understands your challenges and struggles, and we are committed to offering you the support and guidance necessary to overcome them. We genuinely empathize with your situation and will go above and beyond to assist you during this difficult period.
Losing a loved one is challenging, and we understand that you may feel overwhelmed by the legal process. At Barzakay Law Firm, we recognize the importance of giving you space and time to grieve while handling all the complexities of the legal system for you. You can trust us to take everything with utmost professionalism and expertise, giving you the peace of mind you deserve.