Daytona Beach Wrongful Death Attorney

Compassionate Representation from Lawyers Who Care

No sum of money, regardless of size, can replace a loved one. However, monetary compensation for your loss can be invaluable in helping you continue to provide for your family, seek counseling for your grief, and help to pay your living expenses. When pursuing compensation in a wrongful death claim, the guidance of an experienced Daytona Beach wrongful death lawyer can make all the difference as to offers from the insurance company or a favorable settlement or court judgment.

At Politis & Matovina, P.A., we understand the pain of losing a loved one. We also understand the confusion related to the wrongful death claims process. We believe that no one should have to face the wrongful death claims process alone and work to offer the compassionate guidance you need to pursue justice for your loss.

Have you lost a loved one due to someone else's negligence? A skilled Daytona Beach wrongful death lawyer at Politis & Matovina, P.A. can help you seek justice and the compensation your family deserves. Call Politis & Matovina, P.A. today at (386) 333-6613 or contact us online to discuss your case!

What Qualifies as a Wrongful Death in Florida?

A wrongful death occurs when the wrongful act, negligence, default, or breach of contract of another party causes someone's death. Typical scenarios include car accidents, medical malpractice, defective products, and criminal activities. If the deceased could have pursued a personal injury lawsuit had they survived, their death likely qualifies for a wrongful death claim under Florida law.

In Florida, wrongful death is defined under the statutes that aim to protect the rights of the deceased's family. Understanding the specific elements that make up a wrongful death claim is crucial. Establishing negligence involves proving that the responsible party had a duty to the deceased, breached that duty, and directly caused the fatality. These elements can be complex, often requiring detailed legal and factual investigations to uphold the family's rights.

What is a Wrongful Death Lawsuit?

A wrongful death claim in Florida, like in many other states, is a legal action that allows surviving family members or representatives of a deceased person to seek compensation for the death of their loved one when that death was the result of someone else's negligent or intentional actions. This type of claim is designed to provide financial relief to the surviving family members for their losses and to hold the responsible party accountable for their actions.

The process typically involves gathering evidence, hiring experts, and negotiating with insurers. These legal actions can lead to trials if settlements are not reached, underscoring the necessity of skilled legal guidance. Beyond compensation, these claims also serve as a form of alleviating the family's emotional burden, providing a sense of justice and closure after a tragic loss. Understanding the nuances of timelines, legal obligations, and filing procedures further reinforces the importance of seeking qualified legal support.

Understanding Florida's Wrongful Death Act

The Florida Wrongful Death Act is pivotal in guiding how wrongful death claims are processed within the state. This Act outlines definitions, eligible beneficiaries, and the types of damages recoverable. Notably, Florida offers a robust framework that aims to compensate both the immediate and extended moral and financial impact of a wrongful death. Damages include loss of support and services, mental pain and suffering, and the expenses tied to medical and funeral services incurred post-incident.

Understanding these elements is crucial for claimants. The Act necessitates a comprehensive interpretation of loss and an assessment of dependency, which can be unique for each survivor—both are crucial in calculating rightful compensation. Engaging professionals familiar with the nuances of this legislation aids families in navigating its complexities, thus optimizing the potential for obtaining a just settlement reflective of the actual impact of the loss.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the personal representative of the deceased person's estate is typically the one who initiates the wrongful death claim. The personal representative is often named in the deceased person's will or appointed by the court. This representative files the claim on behalf of the surviving family members entitled to compensation.

The legal framework ensures that those most affected by the loss are empowered to seek justice. Appointing a personal representative simplifies proceedings by providing a central figure to coordinate the legal action. This role requires attention to detail and understanding the nuances involved in estate and injury law, highlighting the importance of comprehensive legal guidance. It is critical for those considering this action to consult with professionals who can advise on the full scope of potential beneficiaries and entitlements under the Wrongful Death Act.

The Florida Wrongful Death Act defines who can be considered a survivor and, therefore, eligible to participate in the lawsuit. These potential beneficiaries typically include:

• Spouse: The surviving spouse of the deceased is usually the first and most common beneficiary in a wrongful death lawsuit in Florida. The spouse may be entitled to damages for loss of companionship and protection, as well as for the emotional pain and suffering caused by the death.
• Children: Surviving children of the deceased are also considered beneficiaries. This includes biological and adopted children, as well as any children born out of wedlock who were dependent on the deceased for support.
• Parents: If the deceased person had no surviving spouse or children, the deceased's parents may be eligible to recover damages. However, they can only recover damages if they depend on the deceased for support or services.
• Other Dependents: In some cases, individuals dependent on the deceased for financial support or services may be considered beneficiaries. This could include siblings, other relatives, or even non-relatives who relied on the deceased for support.
• Estate: Any damages recovered in a wrongful death lawsuit in Florida are typically distributed through the deceased's estate. The estate may be responsible for covering the deceased's medical and funeral expenses and may receive compensation.

What is the Role of a Personal Representative?

The personal representative, often named in the deceased person’s will or appointed by the court, is responsible for filing the wrongful death lawsuit and managing the legal process. This representative acts on behalf of all eligible family members and the estate. They are tasked with distributing any damages awarded by the court to the appropriate beneficiaries according to Florida’s wrongful death statute.

Beyond administrative duties, personal representatives must navigate complex emotional layers inherent in these claims. They bridge the family’s grieving process and the formal legal proceedings. Their role involves careful estate management, ensuring that financial aspects are handled appropriately and fairly. Adapting to their family's unique needs, these representatives play a crucial role in advocating for rightful compensation and justice for the unspeakable loss endured.

What Damages Are Available in a Wrongful Death Claim?

In Florida, damages for a wrongful death claim are recoverable by two different parties: the surviving family members of the deceased and the deceased’s estate. Damages collectible by surviving family members typically seek to compensate for abstract losses such as:

• Economic Damages:
  • Medical and funeral expenses related to the deceased.
  • The loss of financial support, including the income and benefits the deceased would have provided the family.
  • Loss of the value of services and support the deceased would have provided, such as childcare, household maintenance, and more.
  • Loss of prospective net accumulations refers to the savings and investments the deceased would have accrued over their lifetime.
• Non-Economic Damages:
  • Pain and suffering experienced by the surviving family members due to the loss of their loved one.
  • Mental anguish and emotional distress resulting from the death.
  • Loss of companionship, guidance, and protection provided by the deceased.
• Punitive Damages: In some instances where the death resulted from intentional misconduct or gross negligence, punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar behavior in the future.

By carefully examining the available damages, families can better understand the scope of a wrongful death lawsuit. Economic damages cover tangible losses, while non-economic damages address vital emotional and psychological impacts. Though less common, punitive damages are crucial in holding defendants accountable for reckless behavior. By comprehensively addressing each category, families are empowered to seek a complete resolution of their loved one's untimely death, creating a foundation for eventual healing and reclaiming a sense of normalcy.

Can a Wrongful Death Lawsuit be Settled Out of Court?

Yes, many wrongful death lawsuits in Florida are settled out of court through negotiations between the involved parties and their attorneys. Settling can often result in a quicker resolution without requiring a lengthy trial. However, if a fair settlement cannot be reached, the claim may proceed to court, where a judge or jury will decide the outcome.

Settling out of court offers several advantages, including reduced legal fees and faster compensation. It also spares family members the added stress of reliving the loss during a trial. Nonetheless, settlements must be approached cautiously, ensuring the agreement reflects the family's needs and loss. Working with skilled negotiators familiar with wrongful death claims is crucial, as they can advocate effectively on your behalf, ensuring that the settlement compensates justly for both your financial and emotional suffering.

Can a Wrongful Death Lawsuit Be Filed If Criminal Charges Are Also Being Pursued?

Yes, a wrongful death lawsuit is a civil action and can be filed separately from any criminal proceedings. Even if the defendant is facing criminal charges, such as manslaughter or murder, the family can still pursue a civil wrongful death claim. Civil cases have a lower burden of proof than criminal cases, meaning winning a wrongful death lawsuit is possible even if the defendant is acquitted of a crime.

The dual track of civil and criminal proceedings serve different purposes: while criminal cases aim to penalize legally, civil suits focus on compensating the family’s tangible and intangible losses. The ability to pursue a wrongful death claim regardless of criminal proceedings empowers families to seek an alternative form of justice. Legal strategies in such scenarios require a nuanced understanding of criminal and civil legal frameworks, emphasizing the importance of retaining well-versed legal counsel to navigate these multifaceted issues.

Can I File a Claim for The Death of an Unborn Fetus in Florida?

Some states allow parents to file a claim if the fetus was "viable" at the time of death, meaning able to live outside and in the mother’s womb. However, because Florida does not recognize a fetus as a person until the child is born, they do not allow wrongful death claims to be filed on behalf of an unborn child.

Parents are not without options to file a claim, though. Mothers can file a personal injury claim against the at-fault party. This claim can be for both physical injuries and emotional injuries due to the loss of a child. It is difficult for fathers to bring a personal injury claim of this type since the negligent party must have directly injured the person filing.

How Long Do I Have to File a Wrongful Death Claim in FL?

The statute of limitations for wrongful death claims in Florida is two years. This means you have two years from the date of death to file a claim, or you will lose your right to do so.

Keep in mind that if your loved one’s death was a result of an accident, the date of the accident may not be the same as the date of death. Florida does allow some exceptions to this two-year rule. An attorney from our firm can help you determine how long you have to file a claim.

A thorough understanding of the statute of limitations is vital for the timely pursuit of legal action. It helps ensure that claims are filed within the allowed timeframe, thereby preserving the family's right to seek justice. Certain factors, such as discovering new evidence, can influence the timeline, making thorough legal consultation invaluable. Acting promptly not only protects legal rights but also aids in gathering essential evidence supported by accurate, contemporaneous records, ensuring a stronger claim.

Local Support Resources for Grieving Families in Daytona Beach

In Daytona Beach, families grappling with wrongful death have access to a variety of support resources. Local organizations offer bereavement counseling and support groups to assist families during their most challenging times. These services provide emotional guidance tailored to the community's specific needs, essential for navigating the multifaceted grief process. From one-on-one counseling to group therapy, Daytona Beach is equipped with resources aimed at alleviating the emotional burden following a significant loss.

Connecting with these resources early in the grieving process can provide families with much-needed support, facilitating a healthier emotional reconciliation and adjustment period. Churches, local nonprofits, and city-sponsored support groups often organize events and workshops focused on grief management and recovery. These can be invaluable in fostering community connections and providing a shared space for solace and understanding in the aftermath of a tragedy.

Why Hire a Wrongful Death Lawyer in Daytona Beach?

In many cases involving the wrongful death of loved ones, insurance companies are quick to make low-ball settlement offers to reduce their costs and final pay-outs. Often, the amount proposed barely scratches the surface of your losses and can leave you trying to recover from your loss financially and emotionally.

Our aggressive approach towards insurance companies is designed to help you obtain fair compensation for your loss, including:

• Funeral expenses
• Loss of consortium
• Loss of potential income
• Pain and suffering
• Grief counseling and emotional care

During this difficult time, we know that you need personal care that goes beyond a simple, aggressive approach to your legal issues. You also need someone to be there for you, to answer your questions, and to provide the advice you need to understand your proceedings and your options for pursuing justice.

Engaging a wrongful death attorney ensures your rights are fiercely protected, and every legal avenue is explored to maximize your compensation. Lawyers skilled in wrongful death can strategically handle complex negotiations and legal challenges, safeguarding your interests. They serve as professional advocates and allies throughout the process, offering support, managing expectations, and helping to make informed decisions at each stage of your claim. This professional engagement offers peace of mind and assurance during an otherwise tumultuous time.

Contact Our Daytona Beach Wrongful Death Lawyer Today 

Our Daytona Beach wrongful death lawyers take a compassionate approach to every case and will work to get to know your unique needs and concerns. We are always available to answer questions or offer a referral for grief counseling. After all, legal proceedings shouldn’t cause additional harm, especially when you have lost a loved one. To further reduce stress during this trying time, we offer our services solely on a contingency fee basis, meaning that you are not responsible for legal fees unless we are successful in helping you recover compensation for your losses.

If you're navigating the complexities of a wrongful death claim, don't do it alone. A dedicated Daytona Beach wrongful death lawyer at Politis & Matovina, P.A. is ready to fight for you. Contact us now to discuss your case.

FAQs About Wrongful Death Claims in Daytona Beach

How Are Wrongful Death Settlements Distributed in Florida?

In Florida, once a settlement is reached in a wrongful death claim, the distribution of the settlement is overseen by the court to ensure fairness. While each claim is unique, typically, settlements are distributed among the deceased's survivors and the estate according to the percentage of dependence on the deceased. The court ensures that distribution is equitable and that all entitled parties receive a portion reflective of their losses. Engaging with knowledgeable attorneys can help understand the intricacies of distribution and advocate for a fair share of compensation reflective of individual circumstances.

Is There a Cap on Damages in Florida Wrongful Death Cases?

Florida does not impose a cap on economic damages in wrongful death cases, but there have been limits on non-economic damages in inevitable medical malpractice-related wrongful deaths. However, these limits have been subject to legal challenges, particularly regarding constitutional rights. Because of this evolving legal landscape, claimants in Florida must seek up-to-date legal advice to understand their rights and potential compensation limits adequately. Lawyers can help interpret current statutes and offer strategic advice to maximize the recoverable damages in a wrongful death claim.

What Steps Should I Take Immediately After a Wrongful Death Incident?

In the immediate aftermath of a wrongful death incident, it's crucial to take specific steps to uphold a potential claim. Begin by documenting all relevant incident details, including dates, times, and witness information. This can be pivotal for the accuracy and validation of claims. Securing medical and police reports early is advisable. Furthermore, promptly consulting a wrongful death attorney will enable a thorough evaluation of the claim and provide a direct path to justice. These actions, taken collectively, can form the foundation for a robust legal strategy moving forward.