Sarasota Wrongful Death Attorneys

The sudden death of a family member can be devastating. Losing a loved one becomes even more difficult when someone else’s negligent or wrongful conduct causes their death. Questions about why and how fatal the injuries occurred, comingled with financial worries, family issues and grief, can make coping with the loss almost impossible.

A wrongful death claim cannot reverse the loss or resolve every challenge that follows, but it can help bring accountability and financial support to those left behind. However, it can provide some necessary financial assistance and a path for coming to terms with your loved one’s death.

If a family member recently suffered fatal injuries because of someone else’s wrongful action or negligence, the experienced Sarasota wrongful death attorneys at Dennis Hernandez Injury Attorneys can help you take appropriate legal action. We have helped hundreds of surviving family members throughout Florida. Our team works tirelessly to hold the parties responsible for your loved one’s death fully accountable for their actions. In addition, we work tirelessly to ensure you receive the financial compensation you deserve.

What Is Considered a Wrongful Death in Florida?

Was the Death a Wrongful Death?

According to section 768.19 of the Florida Wrongful Death Act, a wrongful death occurs when a person dies because of a wrongful act, negligence, default, or breach of contract or warranty. Almost any type of accident injury caused by someone else’s wrongful or negligent actions can qualify as a wrongful death if the accident injury resulted in the victim’s death.

In general, wrongful deaths occur in the following types of situations:

• Medical errors – When doctors, nurses, or other healthcare professionals act negligently and their mistakes lead to a patient’s death, survivors may have grounds for a wrongful death claim.
• Car accidents – If a negligent driver—due to impairment, distraction, speeding, or other reckless behavior—causes a fatal crash, the victim’s death may qualify as wrongful death.
• Workplace accidents – Fatal incidents at job sites, such as construction zones, often stem from unsafe conditions and can lead to wrongful death claims.
• Falls – Unsafe property conditions that lead to a fatal fall can make the property owner legally responsible for wrongful death.
• Drownings – If inadequate pool safety measures lead to a fatal drowning, surviving family members may be able to pursue a wrongful death lawsuit.

A patient’s death due to a physician’s diagnostic or surgical error, a guest’s drowning at an unsafe resort pool, a fatal car accident injury caused by a distracted driver, and a child’s death due to a defective, dangerous product are just a few examples of specific situations. These situations may provide grounds for a wrongful death lawsuit.

What Is a Wrongful Death Lawsuit?

Do I Have Grounds for a Florida Wrongful Death Lawsuit?

Section 768.20 of Florida’s Wrongful Death Act stipulates that the deceased person’s representative (usually the Executor of the estate) is the one who can initiate a wrongful death lawsuit. However, both the estate and survivors can recover damages (compensation). Eligible survivors include the decedent’s spouse, children, parents, as well as other blood relatives and adoptive brothers and sisters. These individuals must have been partly or wholly dependent on the decedent for support or services.

As in other types of personal injury lawsuits, there is a statute of limitations for initiating a wrongful death lawsuit. In Florida, this time period is two years, meaning you must file a wrongful death lawsuit within two years of the death. Otherwise, you give up the right to hold the culpable party accountable.

In addition, a Florida wrongful death claim must also meet the standards of proof for negligence. The exact proof varies with the circumstances surrounding the negligent or wrongful act committed and the resulting fatal injuries. However, in all cases, a claimant must be able to show that:

• The negligent person(s) or entity had a legal duty to the deceased. For example, healthcare providers must deliver services that meet the standard of care expected from reasonably careful professionals in their field. Property owners also have a legal duty to maintain safe conditions for visitors or, when that’s not possible, to clearly warn them of any known hazards.
• They failed to meet their legal duty. A doctor who fails to meet the expected standard of care in their specialty may breach their legal duty. Likewise, a property owner or manager who ignores a known hazard and fails to warn visitors can also violate that duty.
• Their failure to meet their legal duty caused fatal injuries. For example, fatal injuries caused by dangerous property conditions or a doctor’s failure to follow standard procedures may result directly from the negligence of the property owner or the medical professional.

What Damages Are Recoverable with a Florida Wrongful Death Lawsuit?

Can I Get Compensated as a Claimant in a Florida Wrongful Death Lawsuit?

In Florida, both the decedent’s estate and surviving family members may have valid claims for compensation. The estate can seek damages the deceased would have recovered for injuries suffered before death or directly caused by the fatal incident. The estate then distributes these damages to the appropriate beneficiaries or legal heirs.

Damages that may be awarded to the estate include:

• Lost wages, benefits, and other earnings the deceased person could have reasonably expected to earn if they had lived.
• Lost prospective net accumulations of the estate.
• Medical and funeral expenses that were paid by the estate.

Surviving family members may also file a lawsuit to seek additional damages. These damages help compensate for the financial and emotional impact of their loved one’s death. These damages may include:

• The value of support and services the deceased person provided to them.
• The loss of companionship, guidance, and protection provided by the deceased person.
• Their emotional and mental pain and suffering because of the loss.
• Medical or funeral expenses paid for the deceased person.

How Can Experienced Sarasota Wrongful Death Attorneys Help with a Florida Wrongful Death Claim?

What Sarasota Law Firm Can I Turn to for Expert Help with a Florida Wrongful Death Lawsuit?

If you recently lost a family member due to someone else’s wrongful or negligent actions, it’s important to explore your legal options. Speak with the Sarasota wrongful death attorneys at Dennis Hernandez Injury Attorneys as soon as possible. We want to help you get all of your questions about your loved one’s death answered. Additionally, we aim to hold the negligent party or parties accountable for their actions.

As your wrongful death attorneys, we ensure that we will support and guide you with compassion and knowledge through the entire legal process. We will investigate your claim and collect all the evidence necessary to prove negligence. Furthermore, we will negotiate vigorously with insurance company representatives and defense attorneys on your behalf. We will build a powerful case to prove wrongful death and your right to compensation for the financial and emotional impact of your loved one’s death.

Other lawyers may be eager to settle out of court and avoid going to trial. However, we will not settle easily or back down from fighting for your rights. We are committed to supporting you throughout the entire legal process. We will leverage our extensive trial experience to fight for the compensation you deserve.

To get started on your wrongful death case, call our Sarasota office at 941.210.0000 or fill in the FREE CASE EVALUATION form on our website.