The sudden loss of a loved one is always a tragedy. When that loss is caused by someone else's negligence, it can feel overwhelming. At McNeill Law Group, we understand the profound impact of wrongful death – the emotional pain, the financial uncertainty, the sense of injustice. Our compassionate Port Charlotte wrongful death attorneys are here to guide you through this difficult time, fight for your rights, and help you secure the compensation your family deserves.
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What is Wrongful Death?
Wrongful death occurs when someone dies due to the legal fault of another person or entity. This could be due to negligence, recklessness, or intentional actions. In Florida, a wrongful death claim allows certain family members to recover damages for their losses, such as:
- Loss of financial support
- Loss of companionship
- Funeral expenses
Common Causes of Wrongful Death in Florida
Car Accidents:
Car accidents are a leading cause of wrongful death. We'll investigate the accident to determine liability and pursue a claim against the at-fault driver.
Medical Malpractice:
Medical errors can have fatal consequences. If your loved one died due to medical negligence, we'll help you hold the responsible parties accountable.
Premises Liability:
Unsafe conditions on someone else's property can lead to tragic accidents. We handle wrongful death claims arising from slip and falls, inadequate security, and other premises liability issues. Unintentional falls are the largest cause of death for Floridians 65 and older.
Boating Accidents:
There are about 60 deaths per year in Florida due to boating accidents. Alcohol, inexperience and faulty equipment can all lead to accidental deaths while boating.
Who Can File a Wrongful Death Claim in Florida?
Florida Satute 768.16-768.26 governs wrongful death claims. These laws state who can file a claim and how the legal process must proceed. Here's a breakdown of who is eligible to file a wrongful death claim in Florida:
- The Personal Representative of the Decedent's Estate
- Surviving Spouse and Children
- Parents of a Deceased Minor Child
- Other Blood Relatives and Adoptive Siblings
There are other important considerations when filing a wrongful death claim in Florida:
- Statute of Limitations
- Damages
- Comparative Negligence
Who Cannot File a Claim:
- Unmarried partners
- Friends or non-relatives
Our legal team at McNeill Law Group, LLC can answer any questions about filing a wrongful death claim in Florida. We can help you understand your rights, determine eligibility, and navigate the legal process.
What Damages Can Be Recovered?
In Florida, damages in a wrongful death case are meant to compensate survivors for losses caused by the death.Here's a breakdown of what can be recovered, according to Florida Statutes Chapter 768.21:
For certain survivors (spouse, children, parents, dependents):
Loss of support and services:
This includes the financial support the deceased person provided (like wages), as well as the value of services they rendered (like childcare or homemaking). It covers past losses from the date of injury to the date of death, and future losses.
Mental pain and suffering:
This compensates for the emotional distress and grief caused by the death. The law recognizes that this is a significant loss, even if it's hard to put an exact dollar amount on it.
For the estate:
Medical and funeral expenses:
Covers any medical bills related to the injury or death, and the costs of the funeral.
Lost earnings:
The income the deceased person would have earned if they had lived.
Loss of prospective net accumulations:
This refers to the potential increase in the value of the deceased person's estate had they lived. This is more likely to be awarded if there's a surviving spouse or children, or if the deceased was over 25 with no surviving parents.
Calculating damages can be complex. It often involves expert testimony from economists, actuaries, and other professionals to determine things like future lost earnings and the value of services. It's crucial to consult with an attorney experienced in wrongful death cases. We can help you understand the specific damages you may be able to recover based on your unique circumstances.
Proving Liability in Florida Wrongful Death Cases
Winning a wrongful death claim in Florida requires proof of liability on the part of the defendant. Here are the key elements needed to prove liability:
- Duty of Care — The first step is establishing that the defendant owed a legal duty of care to the deceased person.
- Breach of Duty — Once a duty of care is established, the plaintiff must demonstrate that the defendant breached that duty.
- Causation — The plaintiff must prove that the defendant's breach of duty was the proximate cause of the deceased person's death.
- Damages — Finally, the plaintiff must prove that they suffered damages as a result of the wrongful death.
Florida wrongful death statutes incorporate a "pure comparative negligence" rule. This means that even if the deceased person was partially at fault for their own death, their survivors can still recover damages. However, the damages will be reduced in proportion to the deceased's degree of fault.
In wrongful death cases involving intentional wrongdoing, you will need to prove intent on the part of the defendant to establish liability.
The most important factor in proving your wrongful death case will be strong evidence. You will need to gather police reports, witness statements, expert testimony, and physical evidence.
It's crucial to work with an experienced Florida wrongful death attorney. The McNeill Law Group has over 45 years of total experience working with injury and wrongful death cases in Florida. We can help you navigate the complexities of the legal process, gather evidence, find witnesses, and get you the compensation you deserve.
Why Choose McNeill Law Group for Your Wrongful Death Case?
At McNeill Law Group, we understand the sensitive nature of wrongful death cases. Our Port Charlotte wrongful death lawyers will handle your case with compassion and respect while providing strong legal representation.
- Experience: —We have a proven track record of success in wrongful death claims.
- Dedication: — We are committed to fighting for the compensation your family deserves.
- Accessibility: — We offer free consultations and work on a contingency fee basis. You pay no fees unless we win your case.
Client Testimonials
Great team! Kept me informed and ASKED ME about my choices while also giving me information and updates on my case. Kevin and Denise are both Personable and thoughtful.
– Kelly
You just found the right firm. I am quite pleased with the personal injury representation I received from Kevin, Denise, and all the staff at the office. You will find Kevin and Denise to be articulate, knowledgeable and soft spoken and patient attorneys who are also a top notch negotiators.
– Manny
They were so incredible to work with! Thank you so much McNeil law for all of your hard work and help with our case!
– Anonymous