In the unfortunate event that your loved ones died in a vehicle accident, you may pursue a wrongful death claim against the at-fault party. In Davie, Florida, wrongful death claims are governed by the Florida Wrongful Death Act. The law provides a legal framework for you to seek compensation for the untimely death of your relative.
If your loved one has lost their life due to another’s negligence, such as an impaired driver, legal help is available. The dedicated legal team of Davie personal injury attorneys at Eggnatz | Pascucci is just one call or online inquiry away from being at your service. We’ll work diligently to hold the proper party accountable for your loved one’s death.
Why Choose a Davie Wrongful Death Lawyer at Eggnatz | Pascucci?
Our dedicated Davie wrongful death lawyers team at Eggnatz | Pascucci has years of experience representing families of wrongful death accident victims. We understand the traumatic toll losing a loved one can take. We’ll provide comprehensive legal support and guidance in the aftermath of a devastating accident. Many wrongful death cases result from significant injuries suffered by the victim. The Eggnatz | Pascucci injury attorneys in Davie will guide you through the claims process and help you seek the compensation you deserve.
At Eggnatz | Pascucci, we have legal representatives who are dedicated to you during this emotional and rough time. Whether you need a Davie medical malpractice lawyer due to a doctor’s or nurse’s negligence, or a car accident lawyer due to an auto incident, our legal support team covers a wide range of specialties, and we will provide you with the resources necessary depending on how the death occurred. From investigating the at-fault parties to presenting your case at trial, we’re here for every step. As you navigate your new reality, you can rest assured that your legal case is in the hands of trusted legal advocates.
Right of Action for a Davie Wrongful Death
When the death of a person is caused by the wrongful act, negligence, default, breach of contract, or warranty of any person, the person at fault is liable for damages (Section 768.19). The action shall be brought by the decedent’s representative, who shall recover for the benefit of the decedent’s survivors and estate all damages caused by the injury resulting in death (Section 768.20).
Who Is Entitled to Wrongful Death Compensation?
The loss of a close family member can be devastating. No amount of money can match the way you feel. Yet, it is often necessary to pursue wrongful death compensation, especially if you are facing financial loss from the death caused by another party.
Under Florida’s Wrongful Death Act, you can file a claim for wrongful death if you fall into one of the following categories, in order:
- Spouse: The spouse of the deceased has the highest priority in making these decisions.
- Children: In situations where there is no spouse, the deceased’s child has that right.
- Children out of wedlock: In situations where a child is born out of wedlock, they have the right to pursue wrongful death if they are seeking that compensation for their mother’s death or if they are seeking compensation for their father’s death and they are a noted dependent of that father.
- Blood relatives: In situations where no spouse or children are present, blood relatives can take action if they relied on the deceased party for financial support.
- Adopted siblings: After all these parties, an adopted sibling of the deceased can file a claim.
Typically, a personal representative is appointed to the case, and that person handles the process.
Damages Recoverable in Wrongful Death Claims in Davie
All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:
- Loss of support and services
- Loss of the decedent’s companionship and protection
- Mental pain and suffering
- Loss of parental companionship (for minor children of the decedent)
- Medical or funeral expenses
- Loss of wages and future earnings
- Loss of prospective net accumulations (Section 768.21)
We understand what evidence to use to support your claims for damages. Having the appropriate proof goes a long way in increasing settlement amounts and jury verdicts. Our skilled legal team will ask all the right questions and gather the appropriate documentation necessary to maximize your claim’s value.
What Is the Difference Between Wrongful Death and Survival Action?
Wrongful death is a lawsuit that seeks to recover damages by surviving relatives of a person who died for compensation related to the economic and emotional impact of the death. These funds compensate the family of the individual who is no longer providing support and companionship due to the mistakes and negligence of others.
By comparison, a lawsuit for survival action focuses on providing surviving relatives of the deceased person with the ability to recover financial awards that the victim would have recovered if she or she were to have survived. This may include losses associated with funeral and burial costs as well as the pain and suffering the victim suffered prior to death.
How Long Does It Take to Settle Wrongful Death Claims?
Wrongful death lawsuits are complex legal matters. Numerous steps must be followed to ensure that the appropriate parties can seek compensation and that the case is treated fairly. At the same time, insurance companies will typically work hard to minimize any compensation paid, which can impact the process.
In some situations, it can take several months to several years for a wrongful death settlement to occur. Factors that contribute to this include:
- Whether the at-fault party admits to the fault or denies their role in the party’s death.
- What type of evidence is available to prove fault and losses
- How well the attorneys for the victims have worked to demonstrate evidence to back up any claims made
- Whether there is any disagreement with the at-fault party about what took place
- Court delays and hearings can also be a factor, especially in wrongful death claims that often go before a judge
- Lack of willingness for negotiations on any party’s behalf
- Family strife in seeking legal action and how that could play a role in the process
Every case is different. Your Davie wrongful death attorney will work with you to best understand the implications of your case and its outcome.
Florida Statute of Limitations
The wrongful death lawsuit must be filed within two (2) years from the date of the decedent’s death. (Florida Statute Section 95.11(4)(d)) Failure to file the case within the period results in the dismissal of the case regardless of the validity of the claim. That’s why it’s important to contact a personal injury attorney as soon as possible following a wrongful death accident.
Contact Our Davie Wrongful Death Attorneys Today
If you’ve lost a loved one due to negligence, time is of the essence. Medical bills, funeral expenses, and loss of expected income may cause a significant and sometimes insurmountable financial burden on your family. You need to act fast to hold the right person or company accountable for their actions and the loss of life they caused.
At Eggnatz | Pascucci, we’ll work tirelessly to help make your family whole again. From initial consultation to the final verdict, we’ll ensure you’re informed and supported at every phase of the legal process. Don’t wait. Contact us today to discuss your claim and take the first step toward seeking justice for your loved one. Give us a call at (954) 889-3359 for a free consultation. You can also send us a text message at (954) 289-6961.