Have you recently suffered the unexpected and painful death of a spouse, parent, or child in an accident in Mary Esther, FL? Now’s the time to call Gross & Schuster Injury Lawyers to discuss your legal options. Your family may be entitled to compensation to help you cope with your loss. Our experienced Mary Esther wrongful death lawyers are uniquely qualified to help you maximize your recovery.
Families have trusted Gross & Schuster Injury Lawyers to help them stand up to negligent motorists, manufacturers, government agencies, insurance companies, and other bad actors for more than four decades. We’re nationally recognized Florida litigators with over 75 years of combined experience. Our dedicated pursuit of justice for our clients has helped us recover more than $200 million in settlements and jury awards.
Now, we’re here to fight to help your family fight for the money it deserves after a fatal accident, too. Contact our Mary Esther law office today at (850) 809-0170 to learn more. Your first case evaluation is free.
How Gross & Schuster Injury Lawyers Helps Families After Fatal Accidents in Mary Esther, FL
While Florida may give you the right to file a wrongful death claim, getting compensation for your loved one’s death won’t be easy. Insurance adjusters and defense attorneys will prey on your grief, working hard to get you to accept way less money than your family deserves for its loss. In these times, it’s important that you ask for help.
Gross & Schuster Injury Lawyers can offer the compassionate yet powerful legal representation you need to force those responsible for your loved one’s death to make things right. Our Mary Esther personal injury lawyers are recognized by the National Board of Trial Advocacy, Martindale-Hubbell, Avvo, and the Multi-Million Dollar Advocates Forum for top-tier legal services and case results.
We know you need time to grieve, so we’ll take charge of your fight for compensation by:
- Investigating the circumstances of your loved one’s death
- Gather evidence to build a winning legal claim for damages
- Evaluate your losses and calculate what your wrongful death claim is worth
- Enlist expert witnesses to collaborate with our legal team as we build your case
- Anticipate attempts to blame your family member for their death and determine the best way to protect your legal rights
- Seek a maximum settlement offer when we negotiate with the defense
- Take your family’s wrongful death lawsuit to trial in Okaloosa County, if necessary
Choosing our law firm puts award-winning litigators in your corner – and it won’t cost you a thing out of your own pocket. We represent families on a contingent basis, so we’ll only get paid when we win compensation for your wrongful death claim. Our fees come directly out of your financial recovery.
There’s a limited time to take action, so contact our law office today to set a time for your free consultation with a Mary Esther wrongful death lawyer.
How Does Florida Define Wrongful Death?
When you get hurt in an accident in Florida because someone else is reckless or negligent, you’ll typically have the right to sue them for damages. When a victim dies in an accident or due to an act of criminal violence, the right to sue isn’t lost. Rather, it shifts to someone else.
After all, it wouldn’t be right for the decedent’s family members to bear the consequences of their loved one’s death when someone else is to blame. Florida’s public policy provides a path to “shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”
In Florida, a wrongful death is defined as a death resulting from the “wrongful act, negligence, default, or breach of contract or warranty of any person.” If the victim would have had the right to pursue damages if they’d lived, a wrongful death action exists.
Representing Clients in All Types of Wrongful Death Cases
At Gross & Schuster Injury Lawyers, we have decades of experience advocating for families who’ve experienced the tragic deaths of family members as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- E-scooter accidents
- Boating accidents
- Aviation accidents
- Slip and fall accidents
- Nursing home abuse and neglect
- Medical malpractice
- Product liability
- Construction accidents
- Workplace accidents
- Dog bites
- Assault
- Sexual assault
If you’ve lost someone close to you in an avoidable accident or because of criminal misconduct, contact our wrongful death attorneys in Mary Esther, FL, for help. Members of our team are available to take your call 24 hours a day.
Who Can Bring a Wrongful Death Claim in Florida?
It’s important to clarify that as a surviving family member, you can benefit from a wrongful death claim. However, the claim itself has to be filed by the personal representative of your loved one’s estate.
Typically, a personal representative is a close friend or family member named in a decedent’s will. Other times, a personal representative can be appointed by the court.
In Florida, the wrongful death claim is filed on behalf of surviving family members and/or the victim’s estate, including the following:
- Spouse
- Children
- Parent(s)
- Other blood relatives
- Adoptive siblings
The personal representative can also file a related survival action on behalf of the victim’s estate to recover compensation that the victim would have been entitled to if they’d survived. However, a survival action is only appropriate if they did, in fact, survive their fatal wounds for some period of time. If death was instant, there is no path to pursue damages through a survival action.
Can Shared Fault Limit My Ability to Get Compensation in a Florida Wrongful Death Case?
Yes. Florida operates under a system of modified comparative negligence, and it applies to wrongful death cases.
This means that if your loved one’s negligence contributed to their fatal accident, it will adversely affect your ability to recover compensation through a wrongful death lawsuit.
Damages will be reduced based on your loved one’s assigned fault. For instance, let’s say your spouse was killed in a car accident in Mary Esther. Your wrongful death claim is initially valued at $600,000. However, it’s later determined that your spouse was speeding at the time of their fatal crash, so they’re assigned 50 percent of the blame. As a result, your financial recovery would be cut in half to reflect their shared responsibility.
You can recover compensation through a wrongful death claim as long as your family member’s comparative negligence doesn’t exceed 50 percent.
What Types of Damages Can I Get If I Win My Mary Esther Wrongful Death Case?
In Florida, surviving family members can be awarded both economic damages and non-economic damages if their wrongful death lawsuit is successful.
Potential recoveries include money for:
- Value of future lost support and services of the decedent
- Lost wages, income, and benefits
- Loss of consortium
- Loss of spousal companionship and protection
- Loss of parental guidance, instruction, and companionship
- Pain and suffering
- Medical bills
- Funeral expenses
Punitive damages, which are intended to punish a defendant for particularly reprehensible actions, can maybe be awarded if your wrongful death lawsuit goes to court. However, Florida law requires a jury to find by clear and convincing evidence that a defendant intended to cause harm or acted with gross negligence in these situations.
What is the Statute of Limitations For Wrongful Death Lawsuits in Florida?
Florida gives families two years from the date of a loved one’s death to file a wrongful death lawsuit against a responsible party.
There are few exceptions to the statute of limitations. Once the filing deadline expires, the right to demand compensation from a negligent motorist, a government agency, a product manufacturer, or another liable party is lost.
So, it’s important to contact an experienced Florida wrongful death lawyer near you in Mary Esther as soon as you can if you suspect your loved one’s death could have been avoided. The sooner you call for help, the better the odds of winning your case and getting the maximum compensation you deserve.
Schedule a Free Case Review With an Experienced Mary Esther Wrongful Death Lawyer
Someone else was careless, and now you’re struggling to figure out how someone you love is gone forever. Demand the justice and closure you deserve by trusting Gross & Schuster Injury Lawyers to fight for you.
Our Mary Esther wrongful death lawyers can offer 75+ years of combined experience, in-depth knowledge of Florida personal injury law, and a proven multi-million-dollar track record of success.
We offer a complimentary case evaluation for injury victims and families in Mary Esther, so contact us to speak with our team about your wrongful death claim today. We’re here to answer 24/7/365.