Wrongful Death Lawyers Serving Tamarac

When a loved one dies due to the negligence of another, it can be a difficult and heartbreaking experience. In some cases, it is possible to seek financial compensation from the at-fault party. This is done through a wrongful death claim, which is a legal claim that surviving family members of the deceased can bring. The laws in each state govern wrongful death claims, and Florida has its own unique wrongful death statutes.

It is important for those who have lost a loved one due to someone else's negligence to understand their rights under Florida's wrongful death laws. By understanding the relevant laws and regulations, those who have experienced a tragic loss can be better prepared to pursue a wrongful death claim and seek justice for their loved ones. Knowledge of the law can also help ensure that any claims are properly filed, and all applicable damages are pursued.

If you have lost a loved one due to another person or entity's negligence, it is important to understand your rights under Florida's wrongful death laws. With the right knowledge and guidance, you can ensure that you are adequately compensated for your loss and that justice is served.

Wrongful death claims are civil suits brought by the estate of a deceased individual against the party or parties responsible for their death. These claims are based on the concept of negligence or wrongdoing and seek to recover damages related to the decedent's death.

Wrongful death claims may include medical bills, funeral expenses, and other costs associated with the death, as well as compensation for the survivors' emotional suffering and loss of companionship.

Additionally, they may also seek to recover punitive damages, which are designed to punish those found responsible and deter others from similar negligent acts in the future. To succeed in a wrongful death claim, the claimant must prove that the defendant's negligence directly caused the decedent's death.

To prove that the death of a loved one was caused by negligence, you must be able to show that the other party owed a duty of care and breached that duty. This means that they acted in a way that violated the accepted standard of care, and their actions or failure to act led to the victim's death.

Generally, this requires demonstrating that the responsible party was aware of the danger their actions posed and chose to ignore it or that they failed to take reasonable steps to prevent the accident from happening.

It is important to remember that all negligence cases involve some degree of uncertainty and are highly fact-dependent. As such, it is often necessary to gather a great deal of evidence to prove that negligence caused the victim's death.

This may include collecting witness testimony, reviewing police and medical records, or consulting experts. Additionally, it is important to consider the legal theories of liability that may be applicable in the case and gather any evidence necessary to support those theories. An experienced attorney can help guide you through this process and provide invaluable advice and representation.

Under Florida law, if the deceased was partly at fault for their death, that does not necessarily mean they are barred from recovering damages in a wrongful death lawsuit. However, their degree of fault may reduce the amount of damages they can recover.

This is known as "comparative negligence," and it works to proportionally reduce the damages awarded in a wrongful death case based on how much each party is found to be at fault. For example, if a jury determines that the deceased was 40% at fault for their death, the damages awarded in the wrongful death lawsuit will be reduced by 40%.

It is important to note that even if a jury finds that the deceased was completely at fault for their death, the family may still be able to recover nominal damages from the other party in some cases.

It is important to remember that determining who was at fault in a wrongful death lawsuit can be complex and requires complex legal analysis. If you believe your loved one was partly at fault for their death, it is important to consult an experienced wrongful death attorney who can evaluate your case and advise you of your rights and options.

The time it takes to resolve a wrongful death lawsuit in Florida can vary greatly depending on the case's complexity. Generally, most wrongful death lawsuits are resolved in approximately six months to two years. This timeframe may be longer or shorter depending on the availability of key witnesses, evidence, and other factors.

The process can be much quicker if a settlement agreement is reached before the trial begins. In these cases, both parties must agree to the terms of the settlement before it can be finalized. If a trial is necessary, the process can take longer as both sides present their cases to the court and argue their points. In some cases, the entire process can take years.

It is important to note that wrongful death lawsuits are highly complex legal proceedings that require a thorough understanding of the law. Therefore, if you are considering filing a wrongful death lawsuit, it is important to consult an experienced attorney who can help you navigate the process and ensure your rights are fully protected.

If a wrongful death class action lawsuit is successful, the damages will be divided among all the class members. However, depending on the state and the circumstances, family members may be able to get individual compensation from the wrongful death of a loved one even if they are part of a class action lawsuit.

In Florida, for example, family members of deceased persons can seek individual compensation if they have suffered damages related to their loved one's death. These damages may include loss of companionship or financial support, pain and suffering, or medical expenses. It is important to note that these damages will only be awarded if the deceased person's negligence or intentional actions caused the death.

In addition, some states may provide survivors with punitive damages as well. Punitive damages are intended to punish wrongdoers and deter them from repeating similar acts in the future. However, since punitive damages can be quite expensive, they may not be awarded in every case.

It is important to note that individual compensation is not guaranteed, and it can be difficult to prove liability in wrongful death cases. Therefore, if you have lost a loved one due to another person's negligence or intentional actions, it is essential to speak with an experienced wrongful death attorney as soon as possible to discuss your legal options. An attorney can help you determine eligibility for individual compensation and guide you throughout the process.

Yes, an individual can file a wrongful death lawsuit against multiple parties. In the state of Florida, each party can be held liable for damages if they are responsible for the death of another. This means that if two or more parties share responsibility for the death, a lawsuit can be filed against all of them. For example, if a negligent doctor and a manufacturing company contributed to an individual's death, they can be sued in a wrongful death lawsuit.

When filing a wrongful death lawsuit against multiple parties, it's important to note that each party will only be held accountable for their portion of the liability. This means that if the court finds that one party is more liable than the other, they will only be responsible for the amount of damages that correspond to their percentage of fault.

For example, if the court finds that the doctor was 70% at fault and the manufacturing company was 30% at fault, then the doctor would be responsible for 70% of the damages. The manufacturing company would be responsible for 30%.

It's also important to note that each party must be named in the wrongful death lawsuit for the plaintiff to receive compensation from them. If you're considering filing a wrongful death lawsuit against multiple parties, it's essential to seek legal counsel so that you understand your rights and make sure that all liable parties are held accountable for their actions.

In Florida, the answer to how many times you can appeal a wrongful death claim depends on the type of claim and the court system in which your case is being heard. Generally, in Florida, you may appeal a lower court's decision to a higher court one time. If you do not get a favorable outcome at the higher court level, your case may be appealed to the Supreme Court of Florida.

It is important to note that each court system has its own set of rules and regulations when filing an appeal. Therefore, if you are considering appealing your case, it is essential to speak with an experienced wrongful death lawyer who understands the intricacies of the particular court system in which your case is being heard.

When it comes to wrongful death claims, appeals must be filed within a certain amount of time after the initial ruling has been made. This deadline is known as the statute of limitations and varies depending on the type of case and the court system in which the case is being heard. Therefore, if you are considering appealing your claim, it is important to act quickly to ensure that your appeal is filed within the allotted time frame.

Overall, it is possible to appeal a wrongful death claim in Florida up to three times if necessary: once in the lower court, once in the higher court, and once in the Supreme Court of Florida. However, due to time constraints, it is important to understand the specific rules and regulations that apply to your particular case before filing an appeal. An experienced wrongful death attorney can guide your case and help you determine if an appeal is worth pursuing.

A criminal trial may ensue when a wrongful death occurs due to someone else's negligence or wrongdoing. If you are considering filing a wrongful death claim while a criminal trial is ongoing, it is important to understand the implications of your decision.

Under Florida law, any damages recovered from a wrongful death claim cannot be based on evidence or facts that arise from criminal proceedings. The criminal case only punishes the responsible party for the crime committed and does not establish any liability for the deceased's damages.

However, when a criminal trial is ongoing and a wrongful death claim is filed simultaneously, it can present complex legal issues. For example, if the defendant in the criminal case makes certain statements in court that could be used as evidence in a civil wrongful death suit, they may be able to prevent their use in the wrongful death case.

As such, it is important to have a lawyer with experience in criminal and civil law when filing a wrongful death claim while a criminal trial is ongoing. An experienced lawyer can help you navigate the situation's complexities and ensure that your rights and interests are protected.

If you file a wrongful death claim in Florida, you may be concerned about the possibility of the defendant counter-suing you. In most cases, this is not something to worry about. Under Florida law, it is not possible for the defendant in a wrongful death claim to file a counterclaim against you or the deceased individual's estate.

The only exception would be if you were found to have acted in bad faith, such as by filing a frivolous lawsuit or making false accusations. In that case, the defendant may be able to bring a separate claim against you or the estate.

In addition, even though the defendant may not be able to file a counterclaim against you, they can dispute the amount of damages being sought and may try to prove that their negligence did not cause the death.

It is important to note that while they may not be able to counter-sue you, they can present evidence and arguments against your claims and those of the deceased individual's estate. Therefore, it is important that you are prepared with evidence and arguments to support your position.

The short answer is maybe. A wrongful death claim is a civil suit, not a criminal trial. The purpose of a wrongful death claim is to seek monetary compensation for the deceased's survivors or estate for their losses rather than to punish the defendant.

In some cases, criminal charges can be brought against the defendant after a wrongful death claim is filed. This can happen when there is clear evidence that the defendant was responsible for the death, and criminal negligence can be proven. In these cases, the prosecutor may decide to file criminal charges against the defendant even if a wrongful death claim is in progress.

It's important to note that there must be proof beyond a reasonable doubt for criminal charges to be brought against the defendant. In other words, the prosecutor must prove that the defendant's actions were reckless and caused the deceased's death beyond a reasonable doubt. If the prosecutor cannot prove this, then criminal charges will likely not be brought against the defendant.

If you have lost a loved one due to someone else's negligence and are considering filing a wrongful death claim, it's important to contact an experienced wrongful death lawyer as soon as possible. An experienced lawyer can help ensure that you receive fair compensation for your losses and that the negligent party is held accountable for their actions.

At Frankl Kominsky Injury Lawyers, we understand the difficulties and confusion that arise when dealing with wrongful death cases. Our experienced and compassionate wrongful death lawyers are here to guide you through the process. We will help you build a strong case and fight for your rights as an individual and your family's best interests.

When you call us, we will first discuss the facts of your case and how our team of attorneys can help. Our initial consultation is detailed and comprehensive. We will provide you with guidance, support, and advocacy throughout the entire process. We have extensive experience representing clients in wrongful death claims, so you can trust that we will work tirelessly on your behalf.

If you have any questions or need help navigating your wrongful death claim, please don't hesitate to reach out to us. Call us at (561) 800-8000 or contact us online. Our wrongful death lawyers are here to help you fight for the justice and compensation you deserve.