Florida Wrongful Death Attorney

Wrongful death is a civil claim aimed at compensating family members for the loss of a loved one. It is filed in addition to any pursuant criminal case by the state.
The Florida Wrongful Death Act, comprised of Florida Statutes 768.18-768.26, states that in acts of death caused by another party’s negligence, survivors of the deceased may seek economic and non-economic damages related to the loss. There is no cap on the amount of damages that can be awarded.

Actions that lead to wrongful death can be negligent, reckless, or intentional, with four elements that must be true for a successful claim:

• Duty: The at-fault party had a duty to not endanger the deceased.
• Breach: This duty was breached.
• Causation: The deceased’s death was directly caused by this breach.
• Damages: Survivors of the deceased suffered harm beyond the loss itself, such as medical bills, funeral bills, emotional distress, and loss of companionship.

The job of wrongful death lawyers in Florida is to prove the four elements above and maximize compensation for grieving families. It’s a tough job, but one that the top-rated Florida wrongful death attorneys know how to do well. At Gordon & Partners, we investigate every detail to prove how negligence stole your loved one’s life, and have recovered more than $1 Billion in compensation for Florida victims of wrongful death and other personal injury claims.

Wrongful death can happen for all sorts of reasons. As unlawful death lawyers in Florida, we represent families who have lost their loved ones in a myriad of preventable circumstances, including:

• Auto Accidents: Drunk drivers, distracted driving, commercial vehicle crashes
• Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, hospital negligence
• Product Liability: Defective vehicles, dangerous drugs, faulty medical devices
• Premises Liability: Slip-and-falls, security negligence, swimming pool accidents
• Workplace Deaths: Construction accidents, industrial incidents, exposure deaths
• Nursing Home Abuse: Neglect, medication errors, preventable deaths

No matter how your loved one died, if negligence was involved, you may be owed compensation. We fight for accountability and will always do our best to make sure your family has a voice in and out of a courtroom.

We fight for the maximum compensation to reflect your loved one’s value in your life.

• Economic Damages: Lost earnings, benefits, services, medical expenses, and funeral costs.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of companionship, guidance, and protection.
• Punitive Damages: Deterrent-focused damages that may apply for especially egregious deaths caused by malicious or intentional actions.
• Survival Action Damages: A separate claim for compensation related to the decedent’s pre-death suffering.

The deceased’s age, health, earning capacity, life expectancy, and family relationships all impact the total amount of damages available. The largest wrongful death settlement in Florida to date occurred in 2012, when a court awarded a family $700 million after the death of their loved one at a house party.

In most cases, a wrongful death suit must be filed within two (2) years from the date of death. There are, however, limited exceptions to this rule. For example, in wrongful death due to medical malpractice, the discovery rule dictates that the statute of limitations starts at the time the cause of death reasonably should have been known, not the date of the death itself.

Other exceptions exist, too, with a longer statute of limitations in wrongful death cases against the government (generally four (4) years instead of two) and less time for cases concerning product liability (it’s still two years, but the clock usually starts ticking before death occurs).

Every day you wait to file a claim makes it harder to win your lawsuit, so contact Florida wrongful death lawyers as soon as you believe you have a case.

We thoroughly investigate your claim to understand what happened, building your case brick by brick and ensuring we prove the full extent of your devastating loss. As part of our investigative process, we may offer some or all of the following services:

• Immediate Response: Scene investigation, evidence preservation, witness interviews.
• Expert Analysis: Accident reconstructionists, testimonies from medical experts and economists.
• Discovery Process: Document collection, depositions, medical record analysis.
• Insurance Negotiations: Including dealings with multiple coverage sources.
• Trial Preparation: Pursuit of court award or verdict when settlement cannot be reached or is not sufficient.

With 200+ years of combined experience, our lawyers for wrongful death in Florida know exactly what types of evidence will win your case. Contact us for your free, no-obligation case review to learn more about our approach to wrongful death investigations.

Any top-rated wrongful death attorneys in Florida will tell you: the road to success in a wrongful death case can be tricky. That’s due to a host of complicating factors, all of which can delay justice and keep accountability at bay.

Insurance Company Tactics

Insurance companies will try anything to get out of paying for wrongful death claims, including shifting the blame, lowballing settlement offers, and using frequent and frustrating delay tactics.

Proving Negligence

The legal requirements around causation are quite strict in wrongful death cases. Plaintiffs must show ample evidence in support of their claim, and expert testimony is usually necessary.

Damage Calculations

There may be no cap on wrongful death damages, but fighting for fair economic and non-economic valuations is an uphill battle that requires the help of a highly experienced Florida wrongful death attorney.

Multiple Defendants

It is very common for there to be more than one responsible party in a wrongful death case. This complicates things since claims will have to be filed separately and must be coordinated and appropriately managed.

Family Disputes

Also common are family disputes, particularly around what legal path to take and how settlements should be divided. An attorney can help you manage beneficiary conflicts professionally and without wasting too much time.

We’ve seen it all, from sneaky defense tactics to heated family disagreements. Work with our unlawful death lawyers in Florida to navigate the complex challenges in wrongful death cases, and don’t let these and other obstacles stand in the way of what’s right.