Wrongful Death Lawyer in Gainesville

There are certain statutes and laws that determine which persons are allowed to pursue compensation through a Florida wrongful death lawsuit. Some states allow any family member of the victim to pursue financial recovery.

Florida state law places more constraints on which parties are eligible for this type of claim. In the state of Florida, a wrongful death claim can be filed by the victim’s immediate family. This includes:

• Spouses
• Dependent children
• Dependent parents
• Other relatives who were dependents of the victim

The damages that can be recovered through a wrongful death claim will depend, in part, on the plaintiff’s relationship with the deceased. Regardless of the person’s relationship with the victim, the claimant must qualify as their personal representative.

Sometimes, the personal representative of a decedent is referred to as an “executor.” When filing as an executor, the claimant is acting on behalf of the deceased victim. 

In the process of filing a wrongful death claim, the executor must provide the names of all of the victim’s dependents. For questions about who is eligible to file a Florida wrongful death lawsuit, reach out to the skilled team at Morgan and Morgan. 

Our accomplished Gainesville, FL, wrongful death lawyers will review your case and help you pursue the compensation you deserve.

When tragedy strikes, it is normal to feel overwhelmed and uncertain about the future. After losing a loved one, most families are unprepared for the wide range of emotional and economic difficulties they suddenly face.

The term for legal repayments for the losses that victims experience is “damages.” In a wrongful death claim, the representative of the victim can claim compensation for many different types of losses.

Like most tort claims, wrongful death cases usually involve two main categories of financial compensation. These are known as “special” and “general” damages.

What Are Special Damages?

Special damages are also sometimes called “economic” damages. This type of payment is intended to compensate for the direct financial losses that resulted from the negligent or wrongful action.

When most people think of losing a loved one, they only consider the intense emotional and personal devastation that would result. However, families often underestimate the monetary losses that inevitably occur as the result of a loved one’s death.

Special damages are intended to restore the claimant's financial status from before the wrongful death. Some of the most common examples of special damages in Florida wrongful death cases include:

• Associated property damage, such as vehicular repair or replacement 
• The decedent’s outstanding medical bills
• The lost earnings resulting from the wrongful death
• Lost income from the expected lifespan of the victim
• Funeral costs
• Burial expenses
• And more

Wrongful death claimants often underestimate the special damages that they can claim. Because of this, it is critical to consult with knowledgeable Gainesville, FL, wrongful death lawyers. 

What Are General Damages?

Some of the most difficult outcomes following the death of a loved one are not monetary losses. Personal and emotional devastation typically follows a wrongful death for the decedent’s survivors.

While grief does not result in a direct financial loss, families still deserve compensation for going through these terrible experiences. General damages, also known as “non-economic” damages, are payments intended to compensate for these intangible losses.

In Florida wrongful death claims, some of the typical general damages are payments intended to compensate for:

• The survivors’ pain and suffering
• The victim’s pain and suffering before their death
• The family’s emotional turmoil and anguish
• Post-traumatic stress disorder (PTSD)
• The loss of parental guidance and care
• The loss of consortium or relationship
• And more

It is very difficult to accurately calculate the value of this type of loss. There are no receipts or bills that can quantify the grief your family has experienced.

That is why it is critical to speak with a knowledgeable wrongful death attorney at the firm of Morgan & Morgan. Our experienced specialists have a thorough knowledge of how to calculate non-economic damages in tort cases.

Filing a claim following a wrongful death is a highly complex legal process. Oftentimes, the opposing party will be the negligent person’s insurance provider.

For instance, suppose your loved one was fatally injured in a motor vehicle accident that another person caused. In this case, the other driver’s insurance company might owe you compensation.

It is important to have a legal representative by your side as early in your case as possible. This will give you the highest likelihood of recovering maximum financial compensation in your claim.

When you contact the skilled legal team at Morgan & Morgan, we will manage all of the logistical requirements of your wrongful death claim. Some of the most important elements of any tort claim include:

• Gathering vital evidence, such as police reports and medical records
• Determining relevant state laws and statutes
• Speaking with expert witnesses and specialists
• Completing and submitting required legal documents
• Negotiating forcefully with the opposing party
• Calculating appropriate damages in your case
• Determining which party is legally at fault
• Building a case to prove negligence caused the death
• Filing litigation if negotiations are unsuccessful
• And more

When you have lost someone that you love, you have enough to deal with. Your family should not have to oversee the complexities of a legal claim in addition to other personal and financial challenges.

Let the seasoned Florida wrongful death attorneys at the firm of Morgan & Morgan fight tirelessly to recover maximum compensation in your claim. We have a long track record of recovering the money that victims’ families deserve.

Families often face mounting bills, fees, and expenses when a loved one has died. Grieving families should not have to struggle to find money to cover upfront attorneys’ fees during these difficult times.

Because of this, the accomplished team at Morgan & Morgan operates on a contingency fee payment structure. When you hire one of our legal experts, we will agree to a portion of the recovery from your wrongful death case.

You will not pay a single nickel unless we recover the financial damages that you are rightfully owed. After our attorneys have successfully tried or negotiated a settlement in your claim, the specified portion of the recovery will be used to cover the cost of attorneys’ fees.

This helps to ensure that your legal representative is fighting in your best interests. You should never trust an attorney or firm that requires upfront payment before agreeing to represent you.

State law determines the time frame when claimants must file their lawsuit. This legally determined period of time is known as the “statute of limitations.” 

If you fail to file a claim before the statute of limitations has expired in your case, you will be unable to recover the financial compensation you need. That is why it is vital to speak with a Gainesville, FL, wrongful death attorney as soon as possible following the loss of a loved one.

In the state of Florida, wrongful death claims must be filed within two years of the death. There are rare exceptions to this statute of limitations. Consult with an attorney to determine the specific timeline in your case.

Losing someone you love is a devastating experience. This is especially true when the death was the result of another person’s negligence. 

With the help of a skilled attorney at the firm of Morgan & Morgan, you can pursue compensation to ease your family’s financial burden. To schedule a free case evaluation with no obligation, complete the online form on the Morgan & Morgan website now.