At Kaiser Romanello, P.A., we understand that there are few tragedies in life as devastating as the wrongful death of a loved one. Losing someone due to another party’s negligence or intentional misconduct is an experience that no one should endure. In these trying times, seeking justice and holding those responsible accountable becomes both a moral imperative and a legal necessity.
Our dedicated team of Coral Springs wrongful death lawyers is here to provide compassionate support and unwavering legal advocacy when you need it most. We recognize that every case is unique, and we are committed to tailoring our approach to meet the specific needs of your situation.
Why Choose Kaiser Romanello, P.A., for Your Wrongful Death Claim?
Kaiser Romanello, P.A., is a law firm dedicated to providing personal injury victims and their family members with legal representation they can trust. Through the years, we have recovered millions of dollars in verdicts and settlements for our clients.
With years of experience in this specialized field of law, we have successfully represented countless families who have suffered the heartbreaking loss of a loved one due to someone else’s actions.
Our unwavering commitment to justice, combined with our extensive legal knowledge, sets us apart as your trusted advocates in pursuing the compensation and closure you deserve. Contact our Coral Springs wrongful death attorneys today for your free consultation and to learn your legal options.
What Is a Wrongful Death Claim?
A wrongful death is defined as a death that occurs due to another party’s negligent, reckless, or wrongful actions. A wrongful death claim is a civil lawsuit filed by the surviving family members or beneficiaries of someone who died due to the negligent acts of another party.
The purpose of a wrongful death claim is to seek compensation for the losses and damages that the surviving family members have suffered as a result of the deceased person’s death. These claims are typically brought against the party or parties responsible for the actions that led to the death.
Common Causes of Wrongful Death
The wrongful death lawyers at Kaiser Romanello, P.A., have handled a variety of wrongful death claims involving situations such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Aviation accidents
- Amusement park accidents
- Boating accidents
- Medical malpractice
- Construction accidents
- Dog bite attacks
- Sip and fall accidents
Survival Actions vs. Wrongful Death Claims
Florida law allows loved ones of someone who suffered a wrongful death to pursue compensation through either a wrongful death claim or a survival action, but damages can only be recovered through one or the other. An experienced wrongful death lawyer from Kaiser Romanello, P.A., can pursue both options and advise you on the best course of action to take in your case.
Wrongful Death Claims
In Florida, the decedent’s immediate family members may bring a wrongful death case seeking compensation for the harm they suffered due to their loved one’s death.
Those who can bring a wrongful death claim may include the decedent’s:
- Dependent blood relatives or adoptive brothers or sisters
- Children of unmarried parents
Damages Available in a Wrongful Death Case
Family members of the deceased can claim compensation for personal injury damages due to their loved one’s death, such as:
- Funeral and burial expenses
- Loss of income the decedent would have provided to dependent family members
- Emotional distress suffered by surviving loved ones
- Value of lost support and service the deceased provided from the time of their injury until their death
A survival claim differs from a wrongful death claim in that it is based on damages the deceased suffered before they passed away. In other words, under the Florida survival statute, “No cause of action dies with the person.” These claims seek damages the decedent could have sued for had they not died from their injuries.
Only the decedent’s personal representative can bring a survival action on behalf of the decedent’s estate. Any award is distributed according to the decedent’s will or through state succession laws.
The decedent often names a personal representative in their will or estate plan. Personal representatives are sometimes referred to as the executor of the estate. In the absence of a will or estate plan, the court will name a personal representative, sometimes referred to as an administrator.
Damages Available in a Survival Claim
The personal representative of the decedent’s estate may seek compensation for accident-related damages the decedent suffered from the time of their injury until their death.
These may include damages, such as:
- Medical expenses incurred between the accident or incident and the decedent’s death
- Pain and suffering the accident caused the decedent prior to their death
- Lost wages from the time of injury until the decedent’s death
- Lost earning capacity if the decedent’s injuries caused them to take a lower-paying job
What is the Deadline for Filing a Wrongful Death Claim in Coral Springs?
A state’s statute of limitations sets the deadline for filing personal injury claims in civil court. If a lawsuit isn’t filed within this time frame, the injured party may lose their right to seek compensation through the legal system. In Florida, the statute of limitations for personal injury claims is two years from the date of the injury.
Wrongful death cases follow the same deadlines as personal injury claims. But the clock doesn’t begin ticking until the decedent’s death. The statute of limitations for survival actions is also two years from the injured person’s death date.
Some exceptions to Florida’s statute of limitations may lengthen or significantly shorten this time frame, so you seek legal counsel as soon as possible if you wish to pursue compensation through the court.
How Do I Prove Wrongful Death?
To successfully pursue a wrongful death claim, four elements must be proven by the plaintiff (usually the surviving family members or representatives of the deceased person) to establish that the defendant’s negligence caused the death and the family deserves compensation. The four key elements you must establish are:
Duty of Care: The first element is establishing that the defendant owed a duty of care to the deceased person. Duty of care refers to the legal obligation to act reasonably and avoid causing harm to others. In wrongful death cases, you must demonstrate that the defendant had a duty to exercise a certain level of care toward the deceased.
Breach of Duty: The second element involves proving that the defendant breached the duty of care owed to the deceased. This means showing that the defendant failed to act reasonably or responsibly in a way that caused or contributed to the death. You need to establish that the defendant’s actions or inactions fell below the standard of care that a reasonable person would have exercised under similar circumstances.
Causation: The law divides causation into two components:
- Cause in Fact (Actual Cause): This element involves demonstrating that the defendant’s breach of duty was a direct cause of the death. In other words, the defendant’s actions or negligence were a substantial factor in bringing about the death.
- Proximate Cause (Legal Cause): Proximate cause assesses whether it was reasonably foreseeable that the defendant’s actions could lead to the death. It considers whether the harm that occurred was a foreseeable consequence of the defendant’s breach of duty.
Damages: Finally, the wrongful death must result in quantifiable damages. This typically includes economic and non-economic damages, such as medical expenses, funeral costs, loss of financial support, emotional suffering, and loss of companionship.
How Can a Lawyer Help with My Wrongful Death Case?
Hiring a lawyer with experience in wrongful death cases can significantly increase your chances of a successful outcome and protect your legal rights during this difficult time.
Here are some ways a wrongful death lawyer from Kaiser Romanello, P.A., can assist you:
Wrongful death cases involve complex legal principles and procedures. A lawyer with Kaiser Romanello, P.A., has experience in wrongful death claims and can provide you with the legal knowledge and guidance needed to navigate the process effectively.
Our attorneys have the resources and experience to conduct thorough investigations into the circumstances surrounding your loved one’s death. They can gather evidence, interview witnesses, and consult experts to build a strong case on your behalf.
Our lawyers can evaluate the strength of your wrongful death claim. They can help you understand the likelihood of success and the potential value of your case, allowing you to make informed decisions about whether to pursue a wrongful death claim or survival action.
Identifying Responsible Parties
In some cases, multiple parties may be responsible for the wrongful death. Your lawyer can identify all potentially liable parties and hold them accountable.
Our attorneys can negotiate with insurance companies and opposing parties to reach a fair settlement on your behalf. They will advocate for your best interests and work to recover compensation for your losses.
If a settlement cannot be reached, your lawyer can represent you in court. They will prepare and present your case, cross-examine witnesses, and argue on your behalf to seek a favorable judgment.
Your lawyer can provide support and guidance throughout the emotionally challenging legal process, helping you focus on your emotional recovery while they handle the legal aspects of your wrongful death case.
Statute of Limitations
Wrongful death and survival claims have specific time limits within which they must be filed. Your lawyer can file your claim within the applicable time frame to preserve your legal rights.
Our lawyers aim to secure the maximum compensation possible for you and your family. They can assess the full extent of your damages, including economic and non-economic losses, and pursue the appropriate compensation for your situation.
Contact a Coral Springs Wrongful Death Lawyer at Kaiser Romanello, P.A., Today
If you have lost a loved one due to the negligence or wrongful actions of another, you don’t have to face this challenging journey alone. The experienced wrongful death attorneys at Kaiser Romanello, P.A., are here to fight for justice on your behalf.
Contact us today at (844) 877-8679 or through our online form for your free and confidential case consultation.
Together, we can discuss your case, explore your legal options, and begin the process of holding those responsible accountable for their actions. Your loved one deserves justice, and we are here to seek the compensation and closure you need to move forward.