In Melbourne, Florida, one of the worst things you can experience is the loss of a loved one through a wrongful death matter. This happens when a person causes another individual to die due to gross negligence, recklessness or an intentional act. If you have suffered such a loss, you may have cause to file a wrongful death claim to recover compensation. A Florida wrongful death attorney from our law firm can help!
Definition of Wrongful Death Under Florida Law
Under Florida law, wrongful death is defined as a death caused by the actions of another through gross negligence, recklessness or an intentional act. It’s important to know who can file a claim, how to prove negligence and the statute of limitations for such cases. Calling a Melbourne wrongful death lawyer is the fastest way to learn about this.
Who Can File a Wrongful Death Claim in Florida?
According to Florida Statute 768.21, when a person dies due to wrongful death, their surviving family members can recover damages. This includes the spouse, minor children, parents or any other relative financially dependent on the individual. However, a lawsuit must be filed by the personal representative of the victim’s estate.
Proving Negligence in Wrongful Death Cases
Negligence in wrongful death cases is done by showing certain elements are present. It must be proven that the defendant owed a duty of care to the victim, that they breached their duty and caused the person’s death.
Statute of Limitations in Florida
According to Florida Statute 95.11, wrongful death claims have a two-year statute of limitations. This means the victim’s personal representative must file a legal action on behalf of the decedent’s survivors within two years. However, if the cause of death isn’t immediately apparent, the time may be extended.
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Types of Wrongful Death Cases in Melbourne, Florida
In Melbourne, Florida, there are different types of wrongful death cases. They are automobile and truck accidents, slip-and-fall incidents, construction site mishaps, medical malpractice, product liability and workplace accidents.
Automobile and Truck Accidents
Severe car accidents and fatal truck accidents can cause a person’s death when gross negligence or recklessness is involved. These incidents can happen when a driver speeds, engages in road rage or is under the influence, among other things. The best way to find out if you have a case is to call one of our Melbourne wrongful death lawyers. As with most law firms in Melbourne, FL, the case review is free.
Slip-and-Fall Incidents
When a property owner fails to correct a dangerous condition on their property or doesn’t warn visitors of it, slip-and-fall accidents can occur. In some cases, a victim can die from their injuries. For example, a person falls down a dangerous staircase and sustains a severe traumatic brain injury. Speak to a slip and fall accident lawyer to find out if you have a case.
Construction Site Mishaps
Accidents on construction sites are among the most deadly. If proper safety protocols are absent, a worker can suffer fatal injuries, giving their surviving family members cause to file a wrongful death claim.
Medical Malpractice
If a person suffers harm and dies from negligence by a doctor or other medical professional, it equates to medical malpractice. However, if gross negligence or a deliberate wrongful act is involved, it’s considered wrongful death.
Product Liability
A product liability issue can lead to wrongful death in certain situations. It applies when a manufacturer, retailer, wholesaler or other party has knowledge of a defect in a product that can cause injuries when used as intended.
Workplace Accidents
Workplace accidents caused by negligence, recklessness or carelessness on the part of an employer can cause a worker’s death. In this situation, the victim’s surviving family members can recover damages due to wrongful death.
Recoverable Damages in Wrongful Death Cases in Melbourne, Florida
Certain damages are recoverable in wrongful death cases in Melbourne, Florida. They include economic, noneconomic and punitive damages.
Economic Damages
Economic damages can be easily tracked because they have attributable costs. They include your medical expenses, lost wages and property damage.
Noneconomic Damages
Noneconomic damages are more difficult to secure because they don’t have specific monetary costs. They might include pain and suffering, emotional distress and loss of consortium.
Punitive Damages
According to Florida Statute 768.72, punitive damages are sometimes available in civil claims such as wrongful death. This monetary award is given to plaintiffs to punish defendants for gross negligence, intentional misconduct and extreme recklessness.
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Why Time Is Critical in Wrongful Death Cases
Although Florida law provides a two-year statute of limitations for wrongful death, waiting too long can harm your case. Evidence can be lost, witnesses may forget key details, and insurance companies may use delays to their advantage. Acting quickly allows your attorney to preserve critical proof and build the strongest claim possible.
Our team at Andrew Pickett Law takes immediate action to investigate your case and protect your rights, giving your family the best chance of securing justice and compensation.
The Role of Wrongful Death Lawyers in Proving Liability
Wrongful death cases demand more than simply showing that someone died as the result of another’s actions. Your attorney must prove that negligence, or in some cases, intentional misconduct, directly caused your loved one’s passing. This often requires:
- Gathering medical records and autopsy reports
- Consulting with accident reconstruction experts
- Examining safety protocols, company policies, or product defects
- Deposing witnesses and expert professionals
A wrongful death attorney from Andrew Pickett Law will pursue every possible angle to establish liability and hold the responsible party accountable.
Comparing Law Firms in Melbourne, FL for Wrongful Death Cases
When seeking representation, many families consider different law firms in Melbourne, FL. However, not every firm has the resources, experience, or focus needed for wrongful death litigation. These cases often involve large insurance companies or corporations, and success depends on having attorneys who know how to challenge them effectively.
At Andrew Pickett Law, we combine decades of experience with a personalized approach, ensuring every client receives both compassionate support and aggressive representation. Among law firms in Melbourne, FL, our focus on personal injury and wrongful death makes us uniquely positioned to guide families through these painful situations.
The Legal Process for Wrongful Death Claims in Melbourne, Florida
If you lost a loved one to a wrongful death matter in Melbourne, Florida, it’s important to understand the legal process for filing a claim. It involves an initial consultation, gathering evidence and filing the lawsuit. Our Florida wrongful death attorneys are more than happy to help with those steps.
Initial Consultation
A wrongful death attorney offers an initial consultation to hear the facts of your case. You can also ask questions if you’re unsure about the legal process. The attorney will explain how your case should be handled and what to expect.
Gathering Evidence
Wrongful death cases are sometimes complex, but the more evidence you have, the better. If anything is unclear, your Melbourne wrongful death lawyer can gather more by speaking with the right parties to determine what led to the passing of your loved one.
Filing the Lawsuit
If your claim fails to settle through negotiations with the defendant or their insurance company, your attorney can file a lawsuit. This allows your case to go to trial where a jury or judge decides the outcome.
Benefits of Legal Representation in Wrongful Death Cases in Florida
There are benefits to legal representation in wrongful death cases in Florida. They can evaluate your case, file claims and negotiate settlements on your behalf.
Evaluating the Case
A lawyer can evaluate your case and discuss your options. This involves determining the best way to maneuver so you can get justice.
Filing Claims
Wrongful death lawyers can file all relevant claims in your case. Sometimes, more than one party is liable for a person’s death. Your attorney will ensure that claims are filed against such individuals.
Negotiating Settlements
Many wrongful death claims take time to settle. This is because the defendant or their insurance company refuses to offer a compensation amount satisfactory for your damages. Your attorney won’t back down until you get what you deserve. This is done through negotiations to get you the best possible settlement.
How Andrew Pickett Law Supports Families Beyond the Courtroom
Legal representation is only one part of what families need after losing a loved one. Our team also helps clients navigate related issues such as funeral expenses, insurance claims, and dealing with creditors of the estate. We provide guidance and resources to ease the burden wherever possible, so families can focus on healing.
When you choose Andrew Pickett Law, you gain a partner committed to your family’s long-term well-being, not just your case outcome.
Speak With a Wrongful Death Attorney Today
If you believe negligence, recklessness, or intentional misconduct caused your loved one’s passing, you should not wait to get help. The sooner you speak with a Florida wrongful death attorney, the stronger your case will be.
Contact Andrew Pickett Law today for a free consultation with a wrongful death attorney. Our offices in Melbourne and Titusville serve clients across Florida, and we are ready to pursue justice for your family.
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