If you’ve lost a family member in a fatal accident in Fort Walton Beach, Florida, it’s important to consider your legal rights. You may have the right to take legal action against an insurance company, a negligent party, or a corporation responsible for your loved one’s death. The experienced Fort Walton Beach wrongful death lawyers at Gross & Schuster Injury Lawyers can help you maximize your recovery.
Spouses, children, and parents in Fort Walton Beach have trusted our law firm to help them fight for justice for decades. Our award-winning Florida trial attorneys are passionate advocates with over 75 years of combined experience. Our determined approach to personal injury disputes has helped us win hundreds of millions in settlements and jury awards.
Now, our top-rated legal team is prepared to help you fight for the justice you deserve in the wake of your devastating loss. Contact our law office serving Fort Walton Beach, FL, to get started. Contact us today for a free consultation to learn more about how we can help. You can reach us at (850) 604-3844.
How Gross & Schuster Injury Lawyers Can Help Your Family With a Wrongful Death Claim in Fort Walton Beach, FL
Even though you may have the right to get compensation after a loved one’s untimely death, the road to recovery isn’t always easy. The insurance company might appear to be sympathetic to your loss, but you should expect them to fight your claim for damages every step of the way.
Force them to take your wrongful death case more seriously by turning to our Fort Walton Beach personal injury lawyers for help.
When you choose Gross & Schuster Injury Lawyers, you get the representation you deserve and the resources you need to take on a powerful adversary and win.
Count on our Fort Walton Beach personal injury attorneys to handle all aspects of your wrongful death case, including the following:
- Carefully investigating the underlying circumstances of your family member’s fatal accident
- Gathering pieces of evidence that will be critical in building a successful claim for damages
- Interviewing eyewitnesses and other parties who might have important insight into your case
- Enlisting expert witnesses and specialists to weigh in as we calculate your damages
- Representing your family during settlement negotiations
- Bringing your wrongful death lawsuit to a jury if you don’t get the settlement offer you deserve
We represent families on a contingency fee basis, so it will cost nothing to hire our law firm unless we win compensation for your wrongful death case.
Contact us at our Fort Walton Beach, FL, law office today to get started. Your initial case evaluation is free.
How Does Florida Define Wrongful Death?
Florida law defines wrongful death as:
- The death of a person (the decedent) caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person,” where
- The decedent would have had the right to pursue damages if they hadn’t died.
A wrongful death claim essentially shifts the right to file a personal injury lawsuit from the victim to another party.
Common Causes of Fatalities and Wrongful Deaths in Fort Walton Beach
Any accident or criminal act, under the right circumstances, has the potential to be fatal.
At Gross & Schuster Injury Lawyers, our wrongful death attorneys in Fort Walton Beach represent families who’ve lost close loved ones as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Medical malpractice
- Nursing home abuse
- Catastrophic injuries
- Defective products
- Workplace accidents
- Construction accidents
- Slip and fall accidents
- Dog bites
- Assaults and other intentional torts
If you believe that your loved one’s death was the result of another person’s negligence or wrongful actions, call our wrongful death lawyers in Fort Walton Beach. You may have the right to benefit from a legal claim for damages, and we’re here to help you navigate this difficult time.
Who Can File a Wrongful Death Lawsuit in Florida?
Not just anyone can file a wrongful death lawsuit in Fort Walton Beach. Pursuant to Florida state law, the right to file a wrongful death lawsuit belongs exclusively to the victim’s personal representative.
The personal representative may be named in the deceased’s will or appointed by the court. This person is often a family member or the victim’s attorney. They bring the claim on behalf of the deceased’s family and estate. To recover compensation in the wrongful death lawsuit, you must be named in the initial complaint.
Typically, the following family members can be compensated through a wrongful death claim:
- Surviving spouse
- Children
- Parents
- Other relatives who were financially dependent on the victim
The estate can also receive compensation awarded in a wrongful death case. Any damages awarded are distributed to surviving beneficiaries according to the victim’s will or Florida intestate law.
What Damages Can Be Awarded to Families in a Florida Wrongful Death Claim?
Wrongful death claims are different from other types of personal injury cases. One of the most notable differences involves the types of damages that can be awarded. After all, the purpose of the wrongful death lawsuit is primarily to compensate a decedent’s surviving heirs for the losses and trauma they’ve endured.
When a wrongful death lawsuit is filed on behalf of surviving family members, the following economic and non-economic damages can be awarded:
- Value of lost support and services
- Lost income, wages, and benefits
- Lost parental companionship, instruction, and guidance
- Mental pain and suffering for the loss of a parent or spouse
- Loss of spousal companionship and protection
- Medical or funeral expenses paid by a family member
When a wrongful death lawsuit is filed on behalf of the victim’s estate, the following compensatory damages can be awarded:
- Lost earnings between the date of their injury and death
- Lost contributions to the estate
- Medical and funeral expenses paid by the estate
Typically, a victim must survive their injuries for some period of time for the personal representative to have the right to seek damages on behalf of their estate.
Punitive damages can also be awarded if a wrongful death lawsuit goes to trial. In these situations, a jury would have to determine that the defendant’s conduct was intentional or grossly negligent. There must be clear and convincing evidence for an award of punitive damages to stand.
Don’t stress about what damages you can get, how much they’re worth, or what proof you’ll need to support your claim. Trust our Fort Walton Beach wrongful death attorneys to handle your claim with the passion, skill, and experience it deserves. Our law firm won’t rest until you’re properly compensated for your tragic loss.
Can Florida’s Comparative Fault Law Affect a Wrongful Death Settlement?
Simply put, yes. Florida’s comparative negligence statute applies to civil personal injury cases that involve shared fault, including matters of wrongful death.
Your family member’s negligence will be a factor when it comes to your ability to recover compensation through a wrongful death claim.
Under the state’s modified comparative fault system, damages cannot be awarded when a victim’s shared responsibility is greater than 50 percent. Damages can be awarded, albeit on a reduced basis, when liability is equal to or less than half.
Let’s say your spouse was recently killed in a fatal car accident in Fort Walton Beach. It’s determined that your wrongful death claim is worth $2 million. However, your spouse is assigned 10 percent of the blame for the fatal wreck. As a result, your maximum take-home financial award will be capped at $1.8 million.
Your family member isn’t here to tell their version of events. They’re not here to defend themselves or fight back against allegations of shared fault. Gross & Schuster Injury Lawyers will step up and fight to protect their good name and your opportunity to recover a much-needed monetary award.
How Long Will I Have to File a Wrongful Death Lawsuit in Fort Walton Beach, Florida?
Most wrongful death lawsuits in Florida are subject to a two-year statute of limitations.
Exceptions to the time limit may apply when a person is the victim of a violent crime.
You must file your wrongful death claim within the allotted time frame if you want to recover compensation from the party responsible for your loved one’s death. If you wait too long, you’ll lose the ability to get the justice your family deserves.
Schedule a Free Consultation With an Experienced Fort Walton Beach Wrongful Death Lawyer
You’re going through an incredibly difficult, painful time in your life. You’ll get through it, and Gross & Schuster Injury Lawyers will be here to support you every step of the way.
Our Fort Walton Beach wrongful death lawyers have over 75 years of combined experience navigating complex legal claims for families like yours. We’ve helped them win hundreds of millions in damages. Today, our top-rated legal team wants to fight for you.
Contact our law office serving Fort Walton Beach, FL, today to get started. Your first case assessment is absolutely free.