Compassionate Counsel During Difficult Times.
There is no pain as profound as losing a loved one, especially when their death was directly caused by the careless, reckless, or intentionally wrongful actions of another person. After such a senseless loss, you may be struggling to pay the bills while processing your grief – and you may not know where to turn for help.
At Grossman Roth Yaffa Cohen, we know that no amount of money can compensate for your loss. Our experience and knowledge of wrongful death law in Florida can increase your chances of getting the compensation and justice to which you’re entitled. When we succeed together, we can set important precedents that help prevent other families from experiencing the same kind of wrongful death in the future.
Grossman Roth Yaffa Cohen stands ready to help. Contact our experienced team today to schedule a free consultation.
Wrongful death claims allow surviving spouses, siblings, parents, and other blood relatives to recover damages in the wake of their loved one’s death, independent of any criminal investigations of wrongdoing or negligence.
Some of the most common causes of wrongful death are:
A wrongful death lawsuit cannot be filed by just anyone, even if they are related to the deceased. Only the personal representative of the deceased's estate, or executor, is eligible to file a wrongful death lawsuit in Florida. The personal representative is generally selected by the deceased before their death; however, in cases where no personal representative has been chosen, the court may appoint one for the purpose of a wrongful death lawsuit.
When the personal representative of the deceased files for wrongful death, they will designate beneficiaries to receive compensation from the lawsuit, such as a spouse, children, parent, sibling, or other relative.
Like personal injury lawsuits, a successful wrongful death claim should cover all the financial, physical, emotional losses suffered by the plaintiffs due to another party’s negligence.
Damages in a wrongful death claim typically include compensation for:
Establish Negligence
To prove a wrongful death case in Florida, the plaintiff must first establish that the defendant was negligent. This means that the defendant failed to act with reasonable care and caution, and their actions or lack of action resulted in the death of another person. The plaintiff must present evidence that shows how the defendant breached their duty of care and caused the death of their loved one.
Prove Damages
The plaintiff must also prove that they have suffered damages because of the wrongful death. This can include both economic losses, such as medical expenses and funeral costs, as well as non-economic losses, such as pain and suffering or loss of companionship. The plaintiff must be able to demonstrate how much money they have lost due to the wrongful death to receive compensation from the defendant.
Show That the Death Was Caused by Negligence
The plaintiff must also show that their loved one’s death was caused by the defendant’s negligence, that their loved one would not have died had it not been for the defendant’s careless or reckless behavior. Even if a person dies from an illness or injury that was not directly caused by someone else’s negligence, the defendant may still be held liable if their actions contributed to, or worsened, the condition leading up to death.
File a Wrongful Death Claim
If a plaintiff has evidence that the defendant acted negligently, causing their loved one’s death, and they have suffered damages as a result, they can file a wrongful death claim against the responsible party or parties in order to seek compensation for their losses.
In Florida, there is a specific timeline in which individuals can pursue a wrongful death claim. It is important to note that this timeline, known as the statute of limitations, can vary depending on the circumstances surrounding the case. For example, if the wrongful death claim is related to medical malpractice, the statute of limitations may differ from a case involving a car accident. Generally speaking, in Florida, the statute of limitations for wrongful death claims is two years from the date of death.
If you have suffered the loss of a loved one, we encourage you to seek counsel from a wrongful death attorney at Grossman Roth Yaffa Cohen as soon as possible to ensure that important deadlines are not missed and that your rights are protected.
Hiring a lawyer to represent you in a wrongful death case can provide numerous benefits to ensure justice is rightfully served.
One of the most significant benefits is the legal knowledge and experience that attorneys bring. Attorneys understand the legal system and the intricate laws associated with wrongful death cases, ensuring they can provide sound legal advice and guidance on the next best steps.
In addition, hiring a lawyer can help alleviate some of the stress and burden of the legal process, allowing families to focus on grieving and healing.
Lastly, an attorney can also help negotiate fair compensation on behalf of the affected family members. By hiring Grossman Roth Yaffa Cohen, families can have peace of mind knowing their case is being advocated for by a professional with their best interest in mind.
Every GRYC case is handled by a team of lawyers supported by in-house investigators and legal professionals with extensive experience in the medical, law enforcement, and insurance sectors.
We have recovered over $1 billion in settlements and compensation for our clients, fighting for full and fair compensation for medical expenses, lost wages, physical suffering, and emotional trauma.
We fight to change the laws and policies that hurt our clients to protect other innocent people from harm.
We take all cases on a contingency basis, which means that we pay all fees upfront, and only get paid if we win.
We fight every day to bring justice and truth back into the lives of unheard victims. We use our passion to improve the lives of our clients and our communities. GRYC is a force for justice, focused on you.
To speak to someone on of our highly skilled team, fill out the form below, or call 866-629-1061 for a free case review.
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GRYC has been a voice for injured victims in the South Florida area since 1988. Together, we will be heard. Together, we can make change happen.