Losing someone unexpectedly is one of the most devastating experiences a family can endure, especially when that loss could have been prevented. In Palm Bay, where busy roadways like Malabar Road and Babcock Street see frequent traffic incidents, and where families rely on facilities like Holmes Regional Medical Center for emergency care, tragic accidents can and do happen. When a death is caused by another party’s carelessness or misconduct, the emotional toll is often compounded by financial uncertainty and unanswered questions. Florida law allows surviving family members to pursue justice through a wrongful death claim, but navigating that process is rarely straightforward.
Having experienced legal guidance and representation from a trusted personal injury lawyer can make all the difference during such a difficult time.
Under Florida law, a wrongful death occurs when a person dies due to another party’s “wrongful act, negligence, default, or breach of contract or warranty.” These situations may arise from intentional acts or preventable accidents, but in either case, pursuing a claim typically requires the support of a knowledgeable wrongful death attorney in Palm Bay.
At Andrew Pickett Law, we work with families throughout Palm Bay and Brevard County who are facing the aftermath of a tragic loss. Our goal is to help you understand your rights and pursue fair compensation while handling your case with care and respect.
Wrongful Death Claims vs. Criminal Proceedings
It’s important to understand that a wrongful death lawsuit is a civil action, not a criminal case. While the state may pursue criminal charges against a responsible party, a civil claim focuses solely on recovering financial compensation for surviving family members and the estate.
That said, both processes can happen at the same time. In fact, information uncovered during a criminal investigation, once publicly available, can sometimes strengthen a civil case. Depending on the circumstances, your attorney may recommend filing immediately or waiting until certain developments occur in a related criminal matter.
Who Is Eligible to File a Claim?
Florida law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. This individual acts on behalf of both the estate and surviving family members.
Eligible beneficiaries may include:
- A surviving spouse
- Minor children
- Adult children (if no spouse exists)
- Parents of a deceased minor
- Parents of an adult child (in certain cases)
- Other relatives who were financially dependent on the deceased
If no representative has been appointed, this must be handled through probate court. Acting quickly is critical, as Florida generally imposes a two-year statute of limitations for wrongful death claims.
What Compensation May Be Available?
Compensation in a wrongful death case is divided between the estate and the surviving family members, each of whom may recover different types of damages.
Rather than presenting these as standard bullet points, it’s important to understand how these losses affect real lives.
The estate may seek recovery for financial losses tied directly to the deceased, including income lost between the time of injury and death, as well as medical or funeral expenses paid by the estate. It may also include the loss of future financial growth the deceased would have reasonably contributed.
Surviving family members, on the other hand, may pursue compensation for the personal impact of the loss. This can include the emotional pain of losing a loved one, the absence of companionship, and the loss of financial and household support. In many cases, the court will allocate compensation individually rather than as a single lump sum.
Do You Have a Valid Case?
One practical consideration many families are not prepared for is whether compensation is actually recoverable. A claim is often only viable if the responsible party has insurance coverage or sufficient assets.
Fortunately, many fatal accidents, especially those involving motor vehicles, commercial trucks, or unsafe premises, are tied to insurance policies. An experienced attorney will investigate all possible sources of compensation to ensure no opportunity is overlooked.
Common Causes of Fatal Accidents in Palm Bay
While no accident is ever expected to turn fatal, certain situations carry a higher risk. In Palm Bay and surrounding areas, these often include:
- High-speed vehicle collisions along I-95 or Palm Bay Road
- Truck accidents involving anything from 18-wheelers to delivery or freight vehicles
- Motorcycle incidents and pedestrian accidents in high-traffic zones
- Boating accidents along the Indian River Lagoon
- Severe burn or catastrophic injury cases
- Impaired driving accidents
Each of these scenarios can involve complex liability issues, making thorough investigation essential.
Lawyer’s Insight: Speaking With Insurance Companies
After a fatal accident, insurance companies may contact family members quickly. While it may seem harmless to answer their questions, it’s important to proceed with caution.
Avoid providing recorded statements or accepting early settlement offers without legal guidance. Insurers are often focused on minimizing payouts, and anything you say could be used to reduce the value of your claim. Speaking with a wrongful death attorney first can help protect your rights and ensure you’re not pressured into an unfair agreement.
Compassionate Legal Support for Palm Bay Families
Grieving families should not have to navigate legal challenges alone. At Andrew Pickett Law, we are committed to helping Palm Bay residents pursue justice while treating every case with the care and attention it deserves.
If you’ve lost a loved one due to someone else’s actions, we invite you to reach out. We offer free consultations and are here to help you understand your options during this difficult time.
Meet Andrew Pickett
Dealing with the murky policies of insurance companies designed to confuse and prevent you from receiving compensation is our expertise.
15+ years experience as a personal injury attorney.
Specialized in battling insurance companies.
95% settlement rate for clients.
Handled 500+ personal injury cases.
Collected more than $38 million for clients.
500+ people have chosen Andrew as their attorney.
520+ Satisfied Clients
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Danielle Theodorides
Courtney LaChapelle
I had an auto accident back in September, and went to Andrew Pickette Law to get a case going for my medical expenses I was having to deal with. I was working closely with Vonda and Tiffany Whitehouse through the last several months. We’ve finally come to the conclusion of my case and I am so thrilled with the outcome. These ladies have been here for every question and concern that I’ve had during this process. This is an exceptional law office and would recommend anyone seek out their services. You’re getting someone that is from our area, knows Florida laws, and truly gets to know their clients.
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I had a great consultation with Ashley, she was very compassionate and walked me through the entire signing process. She explained everything clearly and was very patient and understanding, as it was my first time going through anything like this. She made me feel reassured and that I am great hands with Andrew Pickett Law!
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Andrew Pickett Law firm has been so helpful already, Ashley S has been so kind and helpful answering all my questions! She is understanding of what you need and helps you get it!
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Erin Hussey
So far, Pickett law, and Ashley in particular have been amazing. They work so quick and are very responsive. I was in an accident Friday and called Friday evening after business hours and they contacted me first thing Monday morning to let me know they were working on my case. I feel safe having this firm in my corner.
Margarita Eberline
Andrew Pickett is an exceptional attorney and an even more incredible advocate for his clients! I had the pleasure of hosting him on The Care Sandwich Podcast, where he shared his journey and passion for helping those who’ve been wronged.
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Sue Padgett
I have had nothing but a pleasant experience with Ashley as my first time dealing with an attorney and their staff. She helped make sense out of a lot of unknowns and questions I had. She is a joy to speak to and quick to respond to you, either after a phone call or text. I hope my whole experience with this group will be as comfortable as it was speaking with Ashley. I’m sure it will be.
Primo Garcia
For almost 2 yrs Mr. Pickett and his team worked endlessly on my case. They showed tremendous dedication and drive. Lindsey was always staying in contact and always reassuring me that they got this so don’t worry. Today I get a call stating we WON, all I can say is thank God that Andrew and Lindsey took my case because without them I don’t know what would have happened. God bless them both I love you guys.
Rose Harper
Pickett Law has exceptional trial attorneys and compassionate team members. I highly recommend Pickett Law for any accident and injury accident cases in Florida.
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I had a chance to work with Andrew, he’s an incredible trial attorney and a wonderful human being.
kristie escalera
I love his dedication to the community.
Hailey went above and beyond during my intake call. Friendly, compastionate and on top of eveything.