Safety Harbor Wrongful Death Lawyer
Losing someone you love is the worst experience imaginable. If you recently lost a loved one in an accident in Safety Harbor, FL, our lawyers are here to help you hold the responsible party accountable. An experienced Safety Harbor wrongful death lawyer can fight to recover compensation for medical bills, loss of financial support, and your family’s pain, suffering, and grief.
Our team at Roman Austin Personal Injury Lawyers has over 50 years of combined experience standing up for families like yours. We’ve helped our clients recover over $120 million since we started our legal practice back in 1996.
You don’t have to go through this alone. To learn more about how our team can help you fight for the maximum compensation you deserve, contact our law offices in Safety Harbor, Florida, for a free consultation or call (727) 787-2500.
Why Should I Choose Roman Austin Personal Injury Lawyers To Handle My Safety Harbor Wrongful Death Claim?
If you’ve lost a loved one, you’re enduring some of the most challenging moments of your life. You deserve time to grieve. However, you also deserve justice–but you’ll have to navigate a complex legal process to get that justice.
An experienced Safety Harbor personal injury lawyer can make a world of difference.
At Roman Austin Personal Injury Lawyers, we’ve earned some of the top awards available to attorneys in Florida. We’ve earned an AV-Preeminent rating from Martindale Hubbell, a perfect-10 Avvo rating, and recognition from Super Lawyers Magazine.
You can expect our legal team to:
- Conduct a thorough investigation into the circumstances of the victim’s death
- Collect evidence to prove causation and determine who is legally responsible
- Consult experts who can strengthen your case
- Determine the fair value of your wrongful death claim
- Protect your family from blame-the-victim strategies
- Engage in tough negotiations with the insurance company and defense teams
If you’re not happy with the settlement offer, we won’t hesitate to take your case to trial and fight for a fair deal. To get the legal advice you deserve, contact our Safety Harbor personal injury attorneys today for a free case evaluation.
What Is Wrongful Death in Florida?
Under the Florida Wrongful Death Act, a wrongful death is a death caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person.”
In wrongful death cases, the decedent could have filed a personal injury lawsuit had they survived. Instead, their survivors are entitled to file a wrongful death lawsuit based on the same acts.
Wrongful death cases are separate from any criminal charges that may be brought against the responsible party. Wrongful death lawsuits are handled by civil courts. Rather than imposing criminal punishment, the civil court can award financial compensation to survivors.
It is possible that the responsible party could face both civil charges and criminal charges. However, most wrongful death lawsuits involve accidents. While the defendant may not have committed a crime, they can still be held liable for compensation.
Who Can File an Action for Wrongful Death in Florida?
Wrongful death lawsuits in Florida are filed by the decedent’s personal representative. The personal representative is the person responsible for administering the decedent’s estate. Often, a close family member or trusted friend is appointed. It’s also possible that the court will appoint someone to serve.
While the personal representative technically files the lawsuit, the victim’s surviving family members are entitled to any compensation that is recovered.
- A surviving spouse
- Blood relatives or adoptive siblings who depended on the decedent for financial support
If no surviving next of kin exists, the deceased person’s estate receives the proceeds.
What Is My Safety Harbor Wrongful Death Case Worth?
No two wrongful death cases are the same. Each case involves a different victim, survivors, and cause of death.
When we’re calculating the value of your wrongful death case, our Safety Harbor wrongful death attorneys will evaluate:
- The circumstances of your loved one’s death
- The nature of the at-fault party’s actions
- The identities of survivors, including young children and other dependents
- Your loved one’s age, life expectancy, and health prior to their death
- Your loved one’s future earning potential, considering their prior earnings, education, and more
- How your loved one contributed to the family and household
- How the loss will impact your family
- The nature of your loved one’s fatal injuries and suffering prior to death
- The types of financial costs you have incurred due to the accident, injury, and death
At Roman Austin Personal Injury Lawyers, our lawyers in Safety Harbor offer free case reviews. That way, you can get to know us, tell your story, and learn about your legal options without worrying about the cost. Contact us today to learn more about legal representation.
What Types of Damages Are Available in a Successful Wrongful Death Lawsuit in Florida?
As in any personal injury claim, both economic and non-economic damages may be available. The court will award damages based on the identities of the victim’s surviving family members, as well as the specific losses incurred due to the individual’s death.
Examples of the types of damages that are available in wrongful death cases include:
- Medical expenses incurred from the date of injury to the date of death
- Lost wages from the date of injury to the date of death, plus interest
- Loss of future financial support
- Loss of the value of household services performed by the decedent
- Loss of a spouse’s companionship and protection
- Mental pain and suffering from the date of the injury onward
- Loss of a minor child’s parental guidance, companionship, and instruction
- Loss of prospective net accumulations
Typical economic damages, such as medical bills, funeral expenses, and burial costs, can be recovered by the person who paid them.
What Happens if My Loved One Is Being Blamed for Causing Their Own Death in Florida?
Florida follows a modified comparative negligence law in personal injury cases. If your loved one was partly to blame for causing their own death, your family’s compensation award will be impacted. The impact will depend on the amount of blame allocated to your loved one.
You can recover partial compensation if your loved one was less than 51% to blame. Once their share of fault reaches 51%, you lose your right to seek compensation.
In cases where the victim was less than 51% liable, any compensation award is reduced by their percentage of fault.
What Causes Most Fatal Accidents in Safety Harbor, Florida?
Our attorneys in Safety Harbor are prepared to help your family if you’ve lost a loved one due to someone else’s negligence.
Most often, wrongful death cases are based on:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Gun violence
- Boating accidents
- Accidents involving pedestrians and bicyclists
- Truck accidents
- Bus accidents
- Rideshare accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
You deserve to know what happened. If you’re grieving the loss of a loved one, contact our law firm today. We’ll handle the investigation to determine exactly who was responsible for your family member’s death.
How Do I Know Whether I Have a Valid Wrongful Death Lawsuit?
Most wrongful death claims are based on a third party’s negligence.
- Someone owed your loved one a legal duty of care
- By some act or omission, they breached that duty
- The breach directly caused your loved one’s death
- Your family suffered damages
As a survivor, you may not have been there to witness the negligent act or omission. That’s okay. Our lawyers are here to gather evidence to prove what happened–and who was responsible.
Examples of the types of evidence that we’ll seek include:
- Police and accident reports
- Video surveillance footage and photos
- Eyewitness testimony
- Medical records
- Documentation that proves your expenses
- Information from your loved one’s employer to prove loss of financial support
- Statements from you and your family to establish your personal losses
The exact evidence that we’ll find will depend on the circumstances of your loved one’s death.
How Long Do I Have To File a Lawsuit After a Fatal Accident in Florida?
While it might not seem fair, you’ll have to take legal action quickly after your loved one’s death. The statute of limitations is only two years in wrongful death cases. Under Florida law, you lose your right to compensation if you wait more than two years from the date of your loved one’s death to file a lawsuit.
However, different deadlines could apply depending on the facts.
To preserve your right to hold the at-fault party accountable, schedule a personal injury consultation today. We’ll get the legal process started so you don’t lose your right to compensation.
Contact an Experienced Safety Harbor Wrongful Death Lawyer for a Free Consultation
Money can’t fully compensate for losing a loved one. It can help your family get back on your feet. To learn more about how a Safety Harbor wrongful death lawyer can help your family through this difficult time, call Roman Austin Personal Injury Lawyers for a free consultation today.