Wrongful Death Attorneys in Lakeland

When a loved one dies, coping with the loss is always difficult. In such trying times, consulting wrongful death attorneys in Lakeland can be crucial. When the death occurs unexpectedly due to an accident injury caused by someone else’s negligent or wrongful actions, the pain of loss can be even worse. The difficulty accepting the death can also intensify. Family members may very well wonder why their loved one had to die. They may also ponder how they are going to manage without them.

We all know you can’t turn back time and bring your loved one back. However, you may be able to find some peace and acceptance if you hold the responsible party accountable for their negligence. Being compensated fairly for your loss may also help. Experienced Lakeland wrongful death attorneys can assist in this endeavor.

The trusted Lakeland attorneys of Dennis Hernandez Injury Attorneys have helped many families. They hold the people responsible for their loved one’s deaths accountable for their actions, and we would be honored to help you. We will thoroughly assess all of the compensation you deserve for your loss. Throughout the legal process, you can count on us for compassionate guidance and clear communication. Advocating for you and your family is our priority. Our aim is to protect your best interests during this challenging time.

What Is a Wrongful Death Claim?

Florida law considers most accidental deaths caused by someone’s wrongful or negligent actions as wrongful deaths. Under the Florida Wrongful Death Act, this includes deaths resulting from another person’s wrongful act, negligence, default, or breach of contract or warranty.

Legal Basis for a Wrongful Death Claim

To have legitimate grounds for a wrongful death claim, you have to be able to show that someone else’s negligence caused the fatal injury. Specific legal standards of proof for negligence vary with the type of negligent or wrongful act and the fatal injuries that resulted. However, in all cases of wrongful death, you have to be able to prove that:

• The negligent party or parties had a legal duty to the deceased victim.
• The negligent party or parties failed to meet their legal duty.
• The negligent party or parties’ failure to meet their legal duty caused fatal injuries.

Examples of Negligence Leading to Wrongful Death

Product Liability

Product liability, premises liability, and medical malpractice cases provide examples of how these legal standards work. Manufacturers, for example, have a legal duty to ensure that the products they manufacture are safe when consumers use them as intended. If a manufacturer fails to ensure the products are safe, a defective product could fatally injure a consumer. In that case, the manufacturer’s negligence could be seen as having caused the fatal injuries. Consequently, they could be held liable for wrongful death.

Premises Liability

Similarly, a property owner or manager has a legal duty to maintain reasonably safe conditions for guests and visitors. If they fail to repair a known hazard or neglect to warn others about it, they breach that duty. When someone suffers fatal injuries because of those dangerous conditions, the owner’s or manager’s negligence may directly cause the death. In such cases, they can be held liable for wrongful death.

Medical Malpractice

Doctors and other healthcare professionals have a legal duty to provide care that meets the standard expected of a reasonably prudent provider in their field. When a doctor fails to meet this standard, they breach that duty. If a patient dies as a result, the doctor’s negligence may directly cause the fatality. In such cases, the doctor can be held liable for wrongful death.

How Do Wrongful Deaths Occur?

As the examples above suggest, wrongful deaths can occur in many different circumstances. A car crash caused by an impaired driver, a doctor’s diagnostic error, and defective equipment causing fatal injury could all be wrongful deaths. A pool lacking safety measures that leads to a child’s drowning is another example.

The circumstances surrounding fatal accident injuries can vary widely, but most wrongful deaths occur due to:

• Medical errors – According to Johns Hopkins School of Medicine, ten percent of all U.S. deaths are due to medical errors or medical negligence. These medical errors include medication errors, diagnostic errors, surgical errors and other serious mistakes made by healthcare professionals.
• Car accidents – According to the National Center for Injury Prevention and Control, car accidents are a leading cause of injury fatalities in the U.S. When an impaired, distracted, aggressive or in other ways negligent driver causes the fatal car crash, the death is considered a wrongful death.
• Falls – According to the National Safety Council, falls are the third leading cause of injury deaths in the U.S. If a fatal fall occurs because of dangerous conditions on someone’s property or because of a defective product, the death may be a wrongful death.
• Workplace accidents – Fatal accidents can occur at any workplace. However, they are more common among people who work in construction, transportation, and law enforcement. When defective equipment or ignored safety procedures cause a fatal accident, the responsible party may be held liable in a wrongful death claim.
• Drownings – According to the Florida Department of Health, annually in Florida, enough children to fill three to four preschool classrooms drown before their fifth birthday. If a drowning occurs due to lack of adequate pool safety measures, the death could be a wrongful death.

Who Can Pursue a Florida Wrongful Death Claim?

Pursuing a wrongful death claim may seem overwhelming following a loved one's sudden loss. However, doing so could actually benefit you and your family for years to come. The experienced wrongful death attorneys of Dennis Hernandez Injury Attorneys want to help you. They aim to guide you through the legal process with compassionate, expert support.

According to the Florida Wrongful Death Act, your loved one’s personal representative can initiate a wrongful death claim. This person is typically the Executor of the estate. The claim aims to recover damages or compensation. Both the estate and survivors may be entitled to recover damages. A spouse has the first right to damages, followed by the children of the deceased. If there is no spouse or children, the parents of the deceased can collect damages. Other blood relatives and adoptive siblings who relied on the deceased for support or services may also qualify for compensation.

What Compensation Can Be Obtained with a Florida Wrongful Death Lawsuit?

The deceased person’s estate and survivors can both recover damages through a wrongful death lawsuit in Florida. These damages fall into two primary categories: damages awarded to the estate and damages awarded to survivors.

Damages Awarded to the Estate

The estate may recover compensation for losses and expenses that occurred before or directly related to the death. These include:

• Lost wages and other earnings – The money your loved one could reasonably have been expected to make if he or she had lived.
• Medical and funeral expenses – Medical and funeral expenses include costs the estate directly paid, such as hospital stays, medical procedures, rehabilitation, equipment, medications, and funeral services.
• Pain and anguish – If your loved one suffered physically and emotionally because of the injuries and their effects on his life, compensation may be available.

Damages Awarded to Survivors

Survivors may also pursue compensation for emotional and financial hardships they face due to their loved one’s death. These may include:

• Loss of companionship and support – Surviving family members may be compensated for the loss of emotional support, guidance, and protection.
• Loss of services – This covers practical support the deceased would have provided, including:

  • Housework – Costs to replace household chores previously handled by the deceased.

  • Childcare – Expenses for caregiving once provided by the deceased.

  • Elder care – Compensation for the care of elderly relatives the deceased used to manage.

  • Home maintenance – Funds to pay for household or yard maintenance duties.

• Emotional pain and suffering – Courts may award non-economic damages to spouses, children, or parents (if the deceased was a minor) to account for emotional trauma.

Assessing the Value of a Wrongful Death Claim

Calculating total compensation can be complex, particularly when dealing with intangible losses like emotional distress. An experienced Lakeland wrongful death attorney will thoroughly assess the full extent of your damages and help you pursue the financial recovery you and your family deserve.

Experienced Lakeland Attorneys Committed to Helping with Your Wrongful Death Claim

If your loved one was fatally injured by someone else’s negligent or wrongful actions, we want to know. The experienced wrongful death attorneys of Dennis Hernandez Injury Attorneys can help. We know how difficult life can be after a loved one dies. We want to be by your side, helping you handle financial and legal challenges.

At Dennis Hernandez Injury Attorneys, we are committed to achieving justice and fair compensation. We focus on your pain, suffering, and losses. We will:

• Ensure that all the evidence necessary to prove negligence is collected, examined and presented in a timely manner.
• Negotiate assertively with insurance company representatives and attorneys on your behalf.
• Prepare a powerful case proving wrongful death and your right to recover damages for the financial and emotional impact of your loved one’s death.
• Use our litigation skills and legal experience to fight for the full compensation you deserve.
• Provide the individual attention and transparent communication you want to guide you successfully through the legal process.
• Never back down in the fight for justice.

Many lawyers will try to settle early with insurance companies to avoid going to trial, but we won’t settle for less than you deserve. We will not back down!

Please bear in mind that Florida has a two-year statute of limitations for wrongful death claims. You must file within two years of your loved one’s death. Otherwise, you waive your right to hold the negligent party accountable and recover damages.

Call our Lakeland office today at 863.888.0000 or fill in the FREE CASE EVALUATION form on our website to get started on your case.