Flagler County Wrongful Death Lawyers

Experienced Representation for Wrongful Death Claims in Florida 

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. We understand the intense emotional burden that accompanies such tragic events and strive to provide compassionate legal guidance tailored to each family's unique needs.

When pursuing a wrongful death claim in Flagler County, it is essential to have representation familiar with local laws and procedures. At Politis & Matovina, P.A., we bring over a century of combined legal experience, offering a deep understanding of state and local regulations. Our presence in the Daytona Beach community ensures that we are not just advocates but part of the community fabric, dedicated to achieving the best outcomes for those we serve.

Have you lost a loved one due to someone else’s negligence? Call Politis & Matovina, P.A. today at (386) 333-6613 or contact us online for a compassionate case evaluation!

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. These legal claims play a crucial role in safeguarding the interests of families left to handle the aftermath of such untimely losses.

In Florida, the law allows certain family members of the deceased to seek compensation through a wrongful death claim. These lawsuits are intended to provide financial support to surviving family members, hold the responsible party accountable, and prevent similar incidents from happening to others in the future. Understanding the components and legal thresholds of a wrongful death claim is essential to effectively navigating the legal process and maximizing the potential outcomes for affected families.

Understanding Florida’s Wrongful Death Laws

Florida Statutes Section 768.16–768.26 comprehensively govern wrongful death actions in the state. These laws are designed to ensure that the rights of the surviving family members are protected while delivering justice against negligent acts. When handling wrongful death cases, strategies may vary based on individual circumstances, but all are anchored in state-backed statutes that define acceptable practices and liabilities. Our familiarity with these statutes at Politis & Matovina, P.A. allows us to tailor our approach to meet the specific needs of our clients, ensuring that the path to resolution is as smooth and efficient as possible.

In Flagler County, cases are heard in the Circuit Court, and the adjudication process often involves a series of rigorous investigations and negotiations. A qualified attorney thoroughly represents the interests of the bereaved, advocating for fair treatment and compensation throughout the legal proceedings. Our firm's approach is comprehensive, beginning with a complete evaluation of your case circumstances and culminating in strategies designed to win substantial and just recoveries.

Common Causes of Wrongful Death

Many circumstances 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. Analyzing the contributing factors in each case can provide essential evidence to strengthen wrongful death claims.
• Medical malpractice: Misdiagnoses, surgical errors, and medication mistakes can result in death when healthcare providers fail to meet the standard of care. Holding medical professionals accountable requires an understanding of medical protocols and expert testimonies.
• Workplace accidents: Dangerous working conditions or employer negligence can cause fatal injuries, especially in industries like construction or manufacturing. Pursuing justice often involves challenging well-defended organizations and navigating complex labor law regulations.
• Defective products: Faulty equipment, unsafe consumer goods, or hazardous materials can cause fatal accidents. Each case analyzes product design, warning labels, and manufacturing processes to determine liability.
• Criminal acts: Assault, murder, and other violent acts may lead to wrongful death claims in civil court, separate from any criminal charges. These claims offer a path to justice independent of the criminal justice system.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida law, only specific individuals are eligible to file a wrongful death lawsuit. The decedent’s 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, which can significantly impact the family's future.
• 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. Losing parental support can affect their development and future prospects.
• Parents: If the deceased was a minor child, the parents can recover damages. The parents may also be eligible if the deceased was an adult with no surviving spouse or children. Parental claims reflect the deep emotional and financial void left by the loss.
• Other dependents: Other relatives, such as siblings or other family members, may be entitled to damages if they were financially dependent on the deceased. Such claims recognize the wider social and familial impacts of their loss.

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. Understanding eligibility, statutes of limitation, and the intricacies involved can prevent costly delays and lost opportunities for filing legitimate claims.

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. Ensuring thorough documentation of these expenses is crucial for appropriate legal compensation.
• Funeral and burial expenses: These are costs related to laying the deceased to rest, including funeral services, burial, or cremation. These expenses can add up quickly, placing an additional financial burden on families during grief.
• Lost income and benefits: The financial support the deceased would have provided had they lived, including future wages, pension benefits, and retirement savings. Calculating these losses often involves projecting the deceased's career trajectory and potential earnings.
• 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. Recognizing these contributions underscores the deceased's integral role in the family.

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 ones. Grieving processes are unique to each individual, necessitating a nuanced approach to claims.
• Loss of companionship: Damages for the loss of the deceased’s companionship, guidance, and affection, particularly for spouses and children. These losses often extend beyond mere emotional trauma to impact mental health and quality of life.
• Loss of parental guidance: Compensation for children who have lost a parent's emotional and practical guidance. The absence of parental influence can have long-lasting repercussions on a child's development.

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. Understanding the circumstances under which punitive damages may be awarded requires insightful legal analysis to evaluate the conduct's recklessness or intentionality.

Why Choose Politis & Matovina, P.A.?

Navigating a wrongful death lawsuit can be complex and emotionally draining. At Politis & Matovina, P.A., we understand the challenges grieving families face and 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 aim to relieve your burden by assisting with every step of the claim, from initial consultation to final resolution, ensuring you have a reliable advocate.

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 mission goes beyond legal strategy; we seek to be a trusted part of your journey towards justice and healing.

Our Firm Can:

• Investigate the incident: We gather evidence, interview witnesses, and work with experts to build a strong case. We employ strategic approaches and cutting-edge resources to ensure that all facets of the case are explored.
• Negotiate with insurance companies: Handle negotiations with the at-fault party’s insurance company to ensure you receive a fair settlement. Our proactive engagement with insurers is designed to protect your interests and maximize your compensation.
• Represent you in court: If necessary, take your case to trial and fight for the compensation you deserve. Our skilled litigation team is prepared to vigorously advocate for your rights, utilizing comprehensive pre-trial preparation and bold courtroom tactics.

Don’t face this difficult time alone. Contact our Flagler County wrongful death lawyers for the experienced guidance and support you need to seek justice and secure compensation.

Frequently Asked Questions

What Steps Should I Take After a Wrongful Death?

After experiencing a wrongful death, it is crucial to start by gathering all relevant information and documentation related to the incident. This includes collecting medical records, accident reports, and witness statements. Promptly contacting a wrongful death attorney can also be essential in assessing your legal options. The lawyer can help guide you through the intricacies of filing a claim, ensuring all paperwork is submitted correctly and on time. It is also advisable to communicate openly with your legal representative, expressing all concerns and objectives for clarity throughout the process.

How Long Does a Wrongful Death Case Take?

The duration of a wrongful death case can vary significantly depending on the case's complexity, evidence availability, and the parties' willingness to negotiate a settlement. Some cases may resolve within months, while others could extend over several years, particularly if they go to trial. An experienced wrongful death lawyer can give you an estimated timeline based on the specifics of your case. It’s essential to remain patient, as thorough investigation and preparation are key to securing a favorable outcome.

What Compensation Can Be Recovered in Wrongful Death Claims?

Compensation in wrongful death claims typically covers economic and non-economic damages. Economic damages include medical bills, funeral expenses, and loss of income. Non-economic damages may involve compensation for pain and suffering, loss of companionship, and emotional distress. In some cases, punitive damages are also awarded to penalize particularly reckless behavior. Working with a knowledgeable attorney ensures that you pursue all applicable forms of compensation, helping to provide financial stability during this challenging time.