Have you lost a loved one in a fatal accident in Florida? You and your family may be entitled to compensation. Call the Florida wrongful death lawyers at Baggett Law Personal Injury Lawyers at (904) 396-1100 for a free consultation to discuss your legal options.
Our Florida personal injury attorneys bring over 100 years of combined experience and have recovered tens of millions for grieving families. They understand how difficult these situations can be and don’t want you and your family to go through it alone. Contact us today to learn how we can assist you.
Why Choose Baggett Law Personal Injury Lawyers After a Wrongful Death in Florida?
Losing a loved one is devastating. The last thing you should worry about is navigating a complex legal system in Florida. At Baggett Law Personal Injury Lawyers, our experienced legal team is committed to relieving that burden while fighting for the justice your family deserves.
Here are some of the things that set our Florida personal injury lawyers apart:
- Over a century of combined legal experience
- Tens of millions recovered for wrongful death and injury victims
- Thorough trial preparation for every case
- Direct access to your attorney throughout the process
- No fees unless we win your case
We’ll support you every step of the way and help you pursue the compensation your loved one would have wanted for you. Call our Florida wrongful death attorneys today to set up a complimentary case review.
What Is a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act, a wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional actions.
To succeed in a wrongful death claim, you must establish:
- The victim’s death
- The death resulted from someone else’s misconduct
- Surviving family members suffered losses due to the death
- A personal representative has been appointed to bring the lawsuit
Wrongful death claims are civil actions brought to recover financial compensation—not criminal penalties—from the responsible party.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law requires that a personal representative (often the executor of the estate) file the wrongful death claim. This representative files on behalf of the estate and all eligible surviving family members.
Potential beneficiaries may include:
- The deceased’s spouse
- Children (including adopted and dependent children)
- Parents of the deceased
- Other relatives financially dependent on the deceased
The representative must identify and include all eligible survivors in the claim to ensure damages are distributed fairly.
How Much Is a Florida Wrongful Death Case Worth?
There is no set value for a wrongful death case because every case is different. The specific facts of the case determine how much it may be worth.
Factors that our team will assess to determine a wrongful death case’s value include:
- Age, health, and earning capacity of the deceased
- Age and financial dependence of survivors
- Insurance coverage and available assets
- Level of negligence involved
- Quality and strength of the supporting evidence
- Whether the deceased is being blamed
At Baggett Law Personal Injury Lawyers, we collaborate with financial experts and life planners to ensure your claim reflects both current and future losses.
What Damages Are Available in a Florida Wrongful Death Case?
Florida law separates wrongful death damages into two categories: economic and non-economic damages.
Damages in a wrongful death case may cover losses such as:
- Medical and funeral expenses paid by the estate
- Lost wages, benefits, and expected accumulations
- Value of earnings the deceased could have provided
- Loss of companionship, guidance, and support
- Mental and emotional pain and suffering
- Medical or funeral expenses paid directly by a family member
The amount recoverable depends on each survivor’s relationship to the deceased and the overall impact of the loss.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Florida?
Most reputable law firms in Florida, including ours, operate on a contingency fee basis. This means you won’t have to pay anything up front. Instead, your attorney only receives payment if they recover compensation for your case through a settlement or verdict.
Your lawyer will cover the costs of building your case, such as hiring experts, conducting investigations, and filing necessary paperwork. If your case is successful, the attorney’s fees are typically deducted as a percentage of the final award. If you don’t recover compensation, you won’t owe any attorney’s fees.
Hiring a wrongful death lawyer during a time of emotional and financial hardship may seem overwhelming; this arrangement allows families to pursue justice without the burden of hourly legal fees. At our firm, we believe that everyone deserves quality legal representation, regardless of their financial situation.
We offer complimentary initial consultations and are transparent about our fees, allowing you to make informed decisions about your next steps.
Can I Recover Compensation if My Loved One Was Partially at Fault for Their Accident in Florida?
Potentially, because Florida follows a modified comparative fault rule. If the deceased was 50% or less responsible, compensation is typically still available, but it may be reduced by their share of the fault. If they were more than 50% at fault, recovery may be barred.
Insurance companies use this rule to reduce their payouts by shifting as much blame as possible onto victims. Our attorneys are aware of these tactics and know how to counter them effectively.
What Causes Most Wrongful Deaths in Florida?
Wrongful death cases can arise in many different contexts, but they all share one common thread: someone’s negligence or misconduct led to a preventable loss of life.
In Florida, certain types of accidents and acts are responsible for many wrongful death claims. Understanding these causes can help grieving families recognize whether they may have a valid claim.
The most common causes of wrongful death in Florida include:
- Motor vehicle accidents, including car, truck, motorcycle, bicycle, and pedestrian crashes
- Medical malpractice, such as surgical errors, misdiagnosis, delayed diagnosis, and birth injuries
- Workplace accidents, particularly in construction, transportation, and industrial jobs
- Nursing home abuse and neglect, including falls, dehydration, and untreated infections
- Defective products, including dangerous medications, faulty equipment, and unsafe consumer goods
- Criminal acts, such as assault, robbery, or other violent conduct
- Premises liability incidents, including fatal slip and falls or inadequate security cases
Regardless of the circumstances, losing someone you love because of another party’s wrongdoing is devastating. Our legal team is here to investigate the cause of death, identify all responsible parties, and hold them accountable under Florida law.
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
In Florida, the general deadline for filing a wrongful death claim is typically two years from the date of death. Exceptions may apply in certain cases, such as those involving medical malpractice or governmental entities.
If you miss the deadline in your case, you may not be able to recover any compensation, even if you have strong evidence. That is why it is crucial to act quickly. Consult an attorney as soon as possible to avoid missing the deadline and forfeiting your right to recover compensation.
How Our Florida Wrongful Death Lawyers Can Help
Our team provides compassionate, results-driven representation. We handle every aspect of your case, allowing you to focus on grieving and healing.
Our services include:
- Investigating the cause of death
- Gathering evidence and identifying liable parties
- Calculating economic and emotional damages
- Negotiating with insurance companies
- Taking your case to trial, if necessary
We aim to hold the responsible party accountable and help secure a better future for your family.
Call Our Florida Wrongful Death Lawyers for a Free Consultation
You don’t have to face this process alone. Let Baggett Law Personal Injury Lawyers provide the support and representation you need during this difficult time. Call our Florida wrongful death lawyers today for a free, confidential consultation. We’re here to listen, explain your rights, and help you move forward.
