Table of Contents
- What is a Wrongful Death Claim in Florida?
- What is the role of a Florida Wrongful Death Attorney?
- How can I determine if I have a wrongful death case?
- What Types of Accidents Most Often Lead to Wrongful Death Cases?
- What Must be Proven in a Florida Wrongful Death Case?
- What Damages Can Be Recovered in a Florida Wrongful Death Case?
- FAQs
- Our Clients Experience Our Dedication
- What Questions Should You Ask Before Hiring a Florida Wrongful Death Attorney?
- Recommended Reading
- Legal Guidance in Minutes
Losing a loved one is undeniably one of the most challenging experiences a family can endure. Losing someone is very hard. When that loss could have been avoided, it can make the pain even worse. You may feel angry, confused, and deeply troubled that something went wrong. While no legal case can bring back what has been lost, Florida’s wrongful death law can help you find accountability and financial support. This is very important when families have rising medical bills, funeral costs, and lost income. These issues can cause immediate financial stress.
At Dennis Hernandez Injury Attorneys, we understand the complexities and emotional weight of wrongful death cases. Our team handles these important issues with great care and urgency. We pay close attention to the evidence that insurers and courts need.
We know how to navigate the legal landscape effectively to ensure that your family receives the justice it deserves. Over the years, we have successfully recovered millions of dollars for injured clients and grieving families throughout Florida.
We are dedicated to working hard for you. Our goal is to get you the compensation you need to ease your financial stress during this tough time. You are not alone in this journey; we are here to help you every step of the way. Let us work to get you paid!
What is a wrongful death claim in Florida?
A wrongful death claim is a civil action. It seeks damages when someone dies due to another person’s negligence or wrongful act. This means the case focuses on responsibility and losses, not on criminal punishment. Families often wonder if a criminal case needs to happen first. However, a civil case can proceed on its own schedule. It can focus on the financial and personal effects of the loss, even if no criminal charges are filed.
What is the role of a Florida wrongful death attorney?
When we say that we will take care of everything, we genuinely mean it. We recognize that you should not have to constantly think about the accident that resulted in the loss of your loved one. Our main goal is to help you focus on the special memories you shared. We want you to spend quality time with your family, without the stress of handling a legal case. We want to lift that burden off your shoulders.
To help you during this challenging time, we have put together a list of the specific actions we will take to support you. This means we take care of all the paperwork. We will talk to insurance companies for you. If needed, we will represent you in negotiations or court. We are here to help you every step of the way. We want to make sure you get the justice and compensation you deserve. You can take the time to heal and remember your loved one. Here’s how we can help you:
- Perform a thorough independent investigation of the accident.
- Collect evidence that backs up your claim.
- Determine all responsible parties to enhance your compensation.
- Speak with witnesses to gather their accounts.
- Obtain video and photo evidence related to the incident.
- Manage all interactions with the insurance company on your behalf.
- Consult with specialists as needed to strengthen your case.
- Negotiate for a just settlement that covers your losses.
- Advocate for you in court if needed to secure fair compensation.
- Be available to answer your calls 24/7.
Each situation is different, and this is merely a short overview of what we offer. Our team is here to help you. We will do our best to support you during this tough time. Reach out to the Dennis Hernandez Injury Attorneys Team today at (855)•529•3366 to arrange a complimentary consultation.
How can I determine if I have a wrongful death case?
Under Florida law, you can file a wrongful death lawsuit. To do this, you must prove that the death was caused by someone else’s carelessness. It can also be due to their failure to act, a broken contract, or a wrongful act. It is also essential to show that your loved one would have had the right to file a claim if they had survived the incident. This means that the circumstances surrounding their death must meet specific legal criteria.
To establish negligence in a wrongful death case, you need to prove that the defendant failed to uphold a legal duty of care. This means that they did not act as a reasonable person would have in similar circumstances. Additionally, you must show that this breach of duty was both the actual cause and the proximate cause of your loved one’s death. In simpler terms, you need to connect the dots between the defendant’s actions and the tragic outcome.
Navigating the legal process can be overwhelming, especially during such a difficult time. The best way to see if you have a strong wrongful death case is to talk to one of our skilled Jacksonville wrongful death lawyers. They can provide you with the guidance and support you need to understand your options and the steps involved in pursuing a claim. Contact us today for a free case review. We are here to help you get the justice and compensation your family deserves.
Who counts as a survivor under Florida’s wrongful death law?
Florida defines “survivors” in the Wrongful Death Act. This usually includes the spouse, children, and parents. However, the details can change based on family relationships, dependency, and the age of the children.
These distinctions are important because Florida links certain damages to specific survivor categories. A careful look at your family structure is more than just filling out forms. It is an important step in building your damages claim the right way from the beginning.
What types of accidents most often lead to wrongful death cases?
Wrongful death cases often stem from tragic incidents that could have been avoided. These incidents usually happen because of unsafe driving, dangerous places, or companies that did not follow safety rules. Many wrongful death claims begin after a serious car crash. This often happens when the driver was speeding, distracted, drunk, or driving aggressively.
Car accidents are not the only type of wrongful death cases. These cases can also involve truck and commercial vehicle collisions, motorcycle accidents, and pedestrian deaths. Sometimes, fatal injuries happen because of unsafe conditions on properties. This can include poorly maintained stairways, bad lighting, missing railings, or dangerous walkways. Each of these situations shows how important safety is. Individuals and companies must protect others from harm. When someone is careless and it leads to a death, it is important for the family to seek justice. They should also look for compensation for their loss.
What must be proven in a Florida wrongful death case?
Most wrongful death cases focus on negligence. This means you must show that the defendant had a duty to care for the victim. You also need to prove that this duty was broken and that this caused the death and losses. It is important to support your claims with documents, not just guesses.
Insurance companies and defense lawyers often challenge the cause of death. They also question the damages. This happens even when it seems clear who is at fault. The best cases are built with early investigation and clear documentation. You should have a straightforward story that explains why the death could have been avoided and how it affected the family’s life.
How long do you have to file a wrongful death claim in Florida?
In Florida, you usually have two years to file a wrongful death lawsuit from the date of death. If you miss this deadline, you may lose your chance to claim, even if you have a strong case. Some situations may need extra steps, especially if a government entity is involved. It is best to act quickly and seek legal help early, even if you are still collecting records or waiting for official reports.
What damages can be recovered in a Florida wrongful death case?
In Florida, wrongful death damages are divided into two main categories. One category includes losses suffered by survivors, and the other includes losses that belong to the estate. It is important to build a strong case that shows who can claim each type of damage and how the law applies to your family.
Damages can include medical expenses from the final injury. They may also cover funeral and burial costs when appropriate. Additionally, you can claim lost support and services that the deceased would have provided. Other damages can include loss of companionship or mental pain and suffering. However, this is only true if the relationship meets certain legal requirements.
This is why having a careful damages plan is important before starting settlement talks.
How do survivor damages differ from estate damages?
Survivor damages focus on what the family lost in practical and emotional ways. This includes support, services, and companionship. Florida law recognizes the emotional impact of certain relationships. Estate damages look at losses related to the estate’s finances. This can include earnings-related damages and other legal categories based on the situation.
Wrongful death cases often involve multiple survivors with different legal rights. It is best to outline damages early. This helps keep the claim consistent, credible, and in line with Florida’s laws.
Can punitive damages apply in a Florida wrongful death case?
Punitive damages might be available in certain cases where someone acts very recklessly or on purpose. However, Florida has strict rules and standards for these damages. Because of this, a responsible attorney should not promise punitive damages right away. If your case includes severe intoxication, intentional harm, or serious negligence, we can look into punitive damages. This means we will check if you can receive extra money as a punishment to the wrongdoer. We will review the strong proof you have to see if this is an option. We will also explain what the court needs to move forward with that claim.
Frequently Asked Questions (FAQs)
Our Clients Experience Our Dedication
We deliver results through compassion, empathy, and dedication. Our commitment to our clients shines through as we answer their calls anytime, visit them in the hospital, and advocate passionately for the compensation they deserve. Here are some unsolicited testimonials from clients in the Tampa area:
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Client Testimonials
“Everyone at Dennis Hernandez has been very helpful. Since this is my first time having to see a lawyer for a car accident, they have been so instrumental in helping me understand the whole process of my case. I would recommend anyone in this situation to come and speak with a lawyer here. Thank you all for everything!”
– Kimberly R.
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Client Testimonials
“My sister was involved in a vehicle accident during the 1st day of her work visit in 2017. While not knowing anyone in Florida and, my sister being a badly hurt, non english speaking foreigner residing in a different country without ability to be present, her case was somewhat lengthy and complex to handle. I believe choosing the law firm of Dennis Hernandez Associates P.A. over others to represent her was the right move.”
– Peter T.
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Client Testimonials
“Dennis Hernandez’s team were great, their whole staff was very helpful and patient with me after I was involved in an accident. They answered all of my questions and closed the case much quicker than I expected. This was my first time needing to hire an attorney, and I’m glad I chose them.”
– Meli H.
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Client Testimonials
“We would like to thank the office of Dennis Hernandez and associates for assisting us with our accident case. Dennis Hernandez staff could not have been any nicer. It made a tough time better and we thank everyone for their kindness and professionalism throughout the entire time. We highly recommend their services.”
– Ida K.
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Client Testimonials
“I love them. They really care about my problems after my crash. I had dropped another lawyer before going to them and they made me feel good. Their team worked hard to get me what I needed and I am grateful for that. Couldn’t be any happier. Thanks!”
– J.T.
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Client Testimonials
“I would 100% recommend this firm! Dennis Hernandez & Associates were excellent! They were extremely responsive and very informative every step of the way. They put my mind at ease during this stressful time. I couldn’t have asked for a better team! Thank you both!”
– Sara V.
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Client Testimonials
“This is an incredible team of lawyers. Dennis is brilliant and he will attack every point the defense uses against you and he will make them look silly, his trial skills are better than TV. I would be happy with any of the lawyers separately, any day, any case, but together they are unstoppable. If you are hurt call Dennis Hernandez and his Associates, listen to what they say, believe in their methods and they will take care of your case. If it goes to trial, they will be the best you can find. I know, because they just won my case in a huge way.”
– Michael W.
What questions should you ask before hiring a Florida wrongful death attorney?
Seek a consultation that feels tailored to your unique personal injury situation, not a generic script. Ask specific questions related to your case, such as:
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- Who will manage your case on a daily basis?
- Who will be your main point of contact throughout the process?
- Inquire about the evidence needed to support your claim, including:
- Medical records
- Accident reports
- Witness statements
- Understand how the firm addresses coverage issues and tactics that may involve shifting blame, as these can impact your case.
- Discuss how damages will be documented, considering your family’s specific structure and needs.
- Ask about the strategy if the insurance company refuses a fair settlement:
- A firm that prepares for trial from the start is often in a stronger negotiating position.
- This proactive approach can lead to a better outcome for your claim.
Why families choose Dennis Hernandez Injury Attorneys for a wrongful death claim?
Wrongful death cases need compassion and a solid plan. They require careful investigation, strong documentation, and a strategy for court. It is important to get ready for how insurance companies will handle these claims. This is especially true when the losses are big and the situation gets a lot of attention. Dennis Hernandez Injury Attorneys has helped clients and families recover millions. We focus on evidence, communication, and accountability. We treat your family’s story with the care it deserves.
If you are thinking about a wrongful death claim, we can help. We offer a free case evaluation and will clearly explain the next steps. Additionally, we will help you protect important evidence and meet deadlines. We fight to get you paid!
Recommended reading
- Legal Process in Personal Injury Cases | Dennis Hernandez Injury Attorneys
- Florida Pedestrian Accidents | Dennis Hernandez Injury Attorneys
- Florida Motorcycle Accident Lawyer | Dennis Hernandez Injury Attorneys
- Florida Truck Accident Attorney | Dennis Hernandez Injury Attorneys
- Florida Car Crash Lawyer | Dennis Hernandez Injury Attorneys
- Statutes & Constitution – Online Sunshine
Legal Guidance in Minutes
Contact Dennis Hernandez Wrongful Death Attorneys for a Free Consultation
No one should endure the pain of losing a loved one due to another person’s negligence. If your family is going through this tough time, you can count on our legal team to help you.
Reach out to our experienced Florida wrongful death attorneys today at (855)•529•3366 for a free consultation. We are committed to being here for you and providing the assistance you deserve.
