Ormand Beach Wrongful Death Attorneys

Compassionate & Experienced Legal Advocacy

Unfortunately, accidents and negligence can cause fatal injuries. If you lost a loved one due to someone else’s wrongful conduct, you may be entitled to financial compensation. While no amount of money can replace your loved one, a wrongful death claim can help you and your family recover the financial security you need to grieve and move forward.

At Politis & Matovina, P.A., we understand how difficult it is to deal with the sudden and untimely loss of a loved one. Our attorneys are here to provide the caring and compassionate support you need during this challenging time. As one of the largest personal injury firms in the area, we have the resources, experience, and skill to handle even the most complex wrongful death cases.

For a free, confidential consultation with one of our wrongful death lawyers in Ormond Beach, FL, please call (386) 333-6613 or contact us online.

What is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that is filed by the surviving family members of a person who was killed as a result of someone else’s negligent, reckless, or wrongful actions.

Some examples of incidents that can give rise to a valid wrongful death claim include, but are not limited to:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Drunk driving accidents
• Boating accidents
• Slip and fall accidents
• Defective product accidents
• Medical malpractice
• Workplace accidents

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate. This individual is often named in the deceased's will or estate plan. If there is no will or estate plan, the court may appoint a personal representative.

The wrongful death claim is filed on behalf of the deceased person's survivors, known as "beneficiaries." According to the Florida Wrongful Death Act, the beneficiaries can include:

• Spouse: The surviving spouse can recover damages for the loss of companionship and protection, as well as for mental pain and suffering.
• Children: Minor children (under 25 years old) can recover damages for lost parental companionship, instruction, and guidance, as well as for mental pain and suffering. Adult children may also recover damages if there is no surviving spouse.
• Parents: If the deceased is a minor child, the parents can recover damages for mental pain and suffering. If the deceased is an adult child, the parents can recover damages if there are no other survivors, such as a spouse or minor children.
• Other Relatives: Blood relatives and adoptive brothers and sisters who were partially or wholly dependent on the deceased for support or services may also recover damages.

What Are the Statute of Limitations for Filing a Wrongful Death Lawsuit in Florida?

In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. However, there are some exceptions to this rule.

For example, if the person’s death was not immediately discovered, the two-year time limit may be extended. Additionally, if the wrongful death claim is based on a criminal act, the two-year time limit may be extended. If you fail to file your claim within the applicable time limit, you will likely lose your right to recover compensation. That is why it is crucial to consult with an experienced attorney as soon as possible.

What Damages Are Available in a Wrongful Death Lawsuit?

In a wrongful death lawsuit, the surviving family members and/or the estate may be able to recover a variety of economic and non-economic damages.

Some of the most common damages available in a wrongful death lawsuit include, but are not limited to:

• Funeral and burial expenses
• Medical expenses incurred by the deceased person before he or she died
• Loss of the deceased person’s support and services
• Loss of the deceased person’s companionship, guidance, and protection
• Loss of the deceased person’s parental companionship, instruction, and guidance
• Lost wages and benefits the deceased person would have earned
• Pain and suffering experienced by the deceased person before he or she died

In some cases, the surviving family members and/or the estate may also be able to recover punitive damages. However, in order to recover punitive damages, the plaintiff must be able to show that the defendant’s actions were grossly negligent, reckless, or intentional.

How to Prove Negligence in a Wrongful Death Case

In order to recover compensation in a wrongful death case, the plaintiff must be able to prove that the defendant’s negligence or intentional wrongdoing caused the person’s death.

Here are the four elements of negligence that must be proven in a wrongful death case:

• Duty of care: The plaintiff must be able to show that the defendant owed the deceased person a duty of care. For example, all drivers have a duty to drive responsibly and obey traffic laws. All doctors have a duty to provide a certain standard of care to their patients.
• Breach of duty: The plaintiff must be able to show that the defendant breached the duty of care owed to the deceased person. For example, the plaintiff may be able to show that the defendant was speeding or driving under the influence of alcohol at the time of the car accident.
• Causation: The plaintiff must be able to show that the defendant’s breach of duty caused the person’s death. For example, the plaintiff may be able to show that the person would not have died if the defendant had been driving responsibly.
• Damages: The plaintiff must be able to show that the person’s death resulted in damages. In a wrongful death case, the surviving family members and/or the estate can recover a variety of economic and non-economic damages.

If you lost a loved one due to someone else’s negligence or intentional wrongdoing, our wrongful death attorneys can help you prove liability and recover the compensation you are owed.

How Can a Wrongful Death Lawyer Help?

When you are dealing with the loss of a loved one, the last thing you want to do is worry about filing a wrongful death lawsuit. Fortunately, you do not have to go through this challenging time alone. Our wrongful death lawyers in Ormond Beach are here to handle all legal issues on your behalf.

Here are some of the ways our attorneys can help you with your wrongful death lawsuit:

• Investigating the incident and gathering evidence. In order to recover compensation in a wrongful death case, you will need to prove that the defendant’s negligence or intentional wrongdoing caused your loved one’s death. Our attorneys can launch an immediate investigation into the incident and gather all of the necessary evidence to prove your case. This may include police reports, medical records, photos, videos, and eyewitness testimony.
• Determining liability. In some cases, it may be clear who is at fault for your loved one’s death. However, in many cases, there may be more than one party at fault. Our attorneys can help you determine who is liable and file a claim against all responsible parties.
• Calculating damages. In a wrongful death case, the surviving family members and/or the estate may be entitled to a variety of economic and non-economic damages. Our attorneys can help you calculate the full extent of your losses and ensure that all potential damages are taken into account when seeking a settlement or award.
• Negotiating a settlement. In many cases, the defendant and his or her insurance company will try to settle the case out of court. If you are offered a settlement, our attorneys can review it and advise you on whether or not to accept it. We will fight for a fair settlement that fully compensates you for your losses.
• Representing you in court. If the defendant and his or her insurance company are not willing to offer a fair settlement, our attorneys will not hesitate to take your case to trial. We have extensive trial experience and are not afraid to go up against large corporations and insurance companies.

Call our office today at (386) 333-6613 to schedule a confidential consultation with one of our wrongful death lawyers in Ormond Beach, FL. You can also contact us online and we will get back to you as soon as possible.