Tallahassee Wrongful Death Attorneys

Compassionate & Reliable Legal Counsel in Florida

Losing a loved one is never easy, but when the death is unexpected and due to the negligence of another person or entity, it can be even more devastating. During this grief, you need a compassionate and experienced legal team to help you navigate the legal process and fight for the compensation you are owed. Our Tallahassee wrongful death attorneys at Perry & Young are here to help.

Have you lost a loved one due to someone else's negligence? Call Perry & Young today at (850) 215-7777 or contact us online to schedule a FREE consultation!

What is a Wrongful Death?

A wrongful death occurs as a result of the negligence, recklessness, or intentional behavior of another person or entity. When a person would have had grounds to file a personal injury lawsuit against the at-fault party had they lived, the surviving family members may file a wrongful death lawsuit.

Wrongful death cases can arise from a variety of incidents, each presenting unique challenges. The complexity of proving negligence or liability requires thorough documentation and investigation. Working with a knowledgeable attorney can ensure that all responsible parties are held accountable and that you receive fair compensation for your loss.

Some of the most common causes of wrongful death include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Drunk driving accidents
• Defective products
• Medical malpractice
• Workplace accidents
• Violent crimes

Under Florida law, the following parties may file a wrongful death lawsuit:

• The deceased person's surviving spouse
• The deceased person's surviving children
• The deceased person's surviving parents
• The deceased person's surviving siblings
• Any other relative who is financially dependent on the deceased person

However, only the personal representative of the deceased person's estate may file a wrongful death lawsuit on behalf of the family members. If the deceased person had a valid will, the personal representative is the person named in the will. The court will appoint a personal representative if the deceased person dies without a will. Understanding the eligibility criteria for filing a wrongful death lawsuit is crucial for families seeking justice. Thorough legal guidance can assist you in determining who qualifies to serve as the personal representative and how to proceed efficiently.

What Compensation is Available in a Wrongful Death Lawsuit?

While no amount of money can ever replace the loss of a loved one, a successful wrongful death lawsuit can help the surviving family members recover compensation for certain economic and non-economic damages.

Securing compensation is more than financial relief; it's a way to recognize your loss's impact and hold negligent parties accountable for their actions. Financial compensation can alleviate the stress of current and future expenses, allowing your family to focus on emotional healing.

The following types of damages may be available in a wrongful death lawsuit:

• Medical expenses incurred as a result of the deceased person's final injury or illness
• Funeral and burial expenses
• Lost wages and benefits the deceased person would have earned had they lived
• Lost inheritance the deceased person would have reasonably been expected to save and leave to their heirs
• Pain and suffering the surviving family members have experienced as a result of the loss of their loved one
• Loss of consortium, guidance, and support
• Loss of companionship and protection 

In some cases, the surviving family members may also be able to recover punitive damages. Punitive damages are not intended to compensate the family for their losses but rather to punish the at-fault party for egregious or reckless conduct. The possibility of punitive damages underscores the importance of a legal strategy that effectively highlights the wrongful actions leading to your loved one's death.

Filing a Wrongful Death Lawsuit in Florida

In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person's death. Suppose the estate's personal representative fails to file a lawsuit within this two-year window. In that case, the court will likely refuse to hear the case, and the surviving family members will be unable to recover compensation for their losses.

Understanding the statute of limitations is critical to maintaining your right to seek justice. It is advisable to consult with legal counsel as early as possible to avoid jeopardizing your ability to file a claim. Early action allows for thorough investigation and preparation, ensuring no detail is overlooked in your pursuit of justice.

Avoiding Common Missteps in Wrongful Death Cases

Handling a wrongful death case requires meticulous attention to detail and understanding the common pitfalls that can occur during the legal process. One frequent misstep is the delay in filing the claim, which can lead to surpassing the statute of limitations. In Florida, this legal window is notably short, emphasizing the importance of acting promptly to preserve the right to seek justice.

Another frequent issue is inadequate documentation. Comprehensive and precise documentation of all circumstances surrounding the death and the resulting damages is crucial. Families often find themselves overwhelmed in the wake of a loved one's passing, which can result in missed opportunities to gather evidence. Engaging a dedicated attorney early can help ensure all necessary documentation is correctly managed and presented. Meticulous record-keeping strengthens a case and provides clarity and credibility when advocating for fair compensation.

Why Choose Perry & Young?

At Perry & Young, P.A., we understand that no money can replace losing a loved one. However, a successful wrongful death lawsuit can help the surviving family members recover the compensation they need to cover medical expenses, funeral and burial costs, and other expenses associated with the loss. We have a proven track record of success and a reputation for providing compassionate legal counsel in even the most complex cases. Our Tallahassee wrongful death attorneys are here to help you navigate the legal process and fight for the justice your loved one deserves.

Choosing the proper legal representation can profoundly affect your wrongful death case. Our commitment to client care and our deep understanding of Florida's wrongful death statutes ensure that you receive the support and guidance you need. Trust our team to address your concerns, explore all possible avenues for your case, and pursue the resolution your family seeks.

If you've lost a loved one, our Tallahassee wrongful death attorneys are here to fight for your family’s justice. Contact Perry & Young now to get started!

FAQs for Wrongful Death Cases in Tallahassee

What Are My First Steps After Suspecting Wrongful Death?

If you suspect that your loved one's death was a result of negligence or wrongdoing, it's crucial to gather all relevant evidence and documentation immediately. Consult with a wrongful death lawyer in Tallahassee to discuss the specifics of the incident. They can guide you on the following legal steps, ensuring you maintain all necessary records and understand your rights under Florida law. Prompt action facilitates a thorough investigation and preserves your ability to claim rightful compensation.

How Is Liability Determined in a Wrongful Death Lawsuit?

Determining liability involves a comprehensive review of evidence and circumstances surrounding the death. This includes medical records, eyewitness testimonies, and any pertinent documentation of negligence. Your legal team will collaborate with experts to reconstruct events leading to the death and identify responsible parties. Proper documentation and expert testimonies are pivotal in effectively establishing negligence in court.

Can a Wrongful Death Case Include Punitive Damages in Florida?

Yes, Florida law allows punitive damages in wrongful death cases to be awarded. These are designed to punish defendants for egregious behavior and deter future misconduct. While not the primary focus, punitive damages can be significant, emphasizing the necessity of demonstrating gross negligence or intentional harm in the case.

How Does Florida's No-Fault Insurance Affect a Wrongful Death Lawsuit?

Florida's no-fault insurance framework can complicate wrongful death lawsuits, particularly in terms of claim eligibility. While no-fault insurance primarily addresses medical and income losses through personal injury protection (PIP), wrongful death lawsuits focus on fault-based compensation. A proficient attorney can navigate these complexities, clearly delineating the scope of possible compensation within such regulatory constraints.