Wrongful Death Lawyer in Titusville

Any death caused by another’s careless or deliberate act could lead to a wrongful death claim. However, the most common causes for a wrongful death lawsuit include:

Car Accidents

According to the US Department of Transportation (DOT), accidents in Florida are getting deadlier, with the number of traffic deaths on the rise. If another driver negligently caused the death of your relative on the road, you could be entitled to compensation. Negligent and dangerous driving behaviors include speeding, driving drunk, ignoring traffic signs and signals, and others.

Work Accidents

Every day, America’s workers face hazards leading to injuries and deaths. According to the Bureau of Labor Statistics (BLS), the workers most at risk include:

• Truck drivers
• Construction workers
• Farm laborers
• Law enforcement officers
• Electricians

However, anyone can potentially suffer a fatal injury at work. If an employee dies on the job, the family is usually entitled to death benefits with workers’ compensation. However, in some instances, families could file a lawsuit when their loved one dies at work. Consulting with an attorney can help you determine your legal options. You could be entitled to compensation in addition to workers’ compensation death benefits.

Slips and Falls

Falls are the number one cause of death among individuals aged 65 and over in the US, according to the Centers for Disease Control and Prevention (CDC). You could have a legal case if another is responsible for your loved one’s death. For example, if your relative slipped and fell in a restaurant or store due to a wet floor, the property owner may be liable for your damages. Hazardous conditions that can cause deadly falls include:

• Loose rugs and mats
• Inadequate lighting
• Missing or broken stairs
• Bulging carpets
• Broken or loose floorboards

If a property owner fails to make their property safe for visitors and someone comes to harm, the relatives of the deceased individual could pursue compensation.

Medical Malpractice

When your loved one passes away due to an avoidable medical error, you could be entitled to damages. Examples of medical malpractice can include but are not limited to:

• Surgery errors
• Late diagnosis or misdiagnosis
• Birth injuries
• Failing to monitor a patient before, during, and after an operation
• Medication errors
• Misinterpreting diagnostic tests

Other Types of Incidents Leading to Wrongful Death Claims

Many different types of incidents could potentially lead to wrongful death claims, including:

• Defective products
• Pedestrian and bicycle accidents
• Assaults and attacks
• Dog bites
• Nursing home abuse and neglect
• Boating and aviation accidents
• Pool accidents

If you believe you have a wrongful death claim, consider seeking legal advice from our experienced Titusville, FL wrongful death lawyers who can assess your claim and help you recover the settlement you deserve.

Compensation can vary significantly from one wrongful death lawsuit to another. However, eligible family members could be entitled to various damages, such as:

The Victim’s Losses and Suffering

You could recover compensation for the expenses and suffering your loved one experienced from the time of the injury until their passing. Before death, a victim may incur the following damages and others:

• Medical bills
• Physical pain
• Emotional suffering
• Loss of income

Economic Family Losses

When someone dies unexpectedly, the family typically loses the income and benefits their deceased relative would have provided had they lived. The family will also incur expenses due to the death. Compensation for the economic losses of the family can include:

• Loss of wages, commissions, and bonuses from the deceased
• Loss of benefits such as health insurance
• Loss of services such as yard work, childcare, and housework
• Loss of inheritance
• Funeral and burial costs

Non-Economic Family Damages

Non-economic losses refer to damages that do not have a set dollar value, such as pain and anguish. Close family members could be entitled to the following awards:

• Loss of love, emotional support, and companionship (spouse)
• Loss of parental guidance and protection (minor children)
• Emotional pain and suffering

Punitive Damages

In rare cases, the family of a wrongful death victim may collect punitive damages in addition to compensation. A court may award punitive damages when the responsible party’s conduct was particularly reckless or malicious.

Both personal injury and wrongful death claims are civil actions filed by those harmed due to someone else’s carelessness or willful act. However, in a wrongful death lawsuit, the deceased’s estate brings the case. Therefore, close family members and dependents of the victim can seek damages arising due to the death of their loved one. In a personal injury lawsuit, on the other hand, the victim is suing the liable party for damages.

The damages recoverable in wrongful death claims can also differ since compensation is intended to make the surviving family whole again. Therefore, a spouse could receive awards for loss of companionship, loss of services from the deceased, and similar damages in a wrongful death lawsuit.

As a close relative, you could file a wrongful death lawsuit if your loved one dies due to another’s negligence or willful conduct. However, in Florida, the personal representative named in the will must file a wrongful death lawsuit. If there is no will or estate plan, the court usually appoints a personal representative.

Regardless of who files the lawsuit, any compensation from the wrongful death lawsuit is distributed according to Florida inheritance laws, benefitting the family and dependents of the deceased.

If your loved one has passed away and you think you may have a wrongful death case, Morgan & Morgan could help. Our Titusville, FL wrongful death lawyers can assess your options and help you move forward with a wrongful death lawsuit.

Although it may be evident that your loved one died due to the fault of another, you will have to prove your claim by showing the following elements:

1.    The defendant had a duty of care towards your loved one.
2.    They breached their duty.
3.    Your loved one passed away as a result of the breach.
4.     There are damages such as loss of income, medical bills, or others.

For example, it is generally accepted that all road users have a duty of care towards others on the road. By violating traffic laws, disregarding traffic signals, or driving drunk or distracted, a driver endangers the lives of other road users and, therefore, breaches their duty.

In most, if not all, wrongful death claims, having an experienced attorney by your side is essential for proving your claim.

Knowing the right timing for your wrongful death lawsuit is crucially important, as filing too late could see your case thrown out, leaving you ineligible to recover compensation for your loved one’s death. In Florida, the estate’s representative must generally file a wrongful death case within two years of the victim’s passing.

The sooner you discuss your claim with a wrongful death lawyer, the sooner you and your family could recover the compensation necessary to rebuild your life after the passing of your loved one.

As every wrongful death case is unique, there is no such thing as an average settlement. What you could recover after the death of your family member can depend on various factors, such as:

• The age of your loved one
• The degree of fault of the responsible party
• Medical expenses before death
• The amount of income and benefits your loved one would have contributed during their lifetime
• The value of household services your loved one would have provided
• Funeral and burial expenses

A fair settlement should reflect the financial and emotional losses you experience due to your loved one’s untimely death. Our wrongful death lawyers can calculate your damages and determine the worth of your claim.

You do not have to go it alone if your loved one suffered a wrongful death. Handling a lawsuit on your own can be tricky, full of pitfalls, and overwhelming. Our dedicated wrongful death lawyers in Titusville are ready to help you get what you deserve and can:

Walk You Through Your Options

In the first instance, we can assess your case in a free consultation and walk you through your options for pursuing compensation. Moving forward, we can handle all the necessary paperwork and legal formalities, ensuring that critical deadlines are met. Our attorneys can be by your side from the beginning to the end of your claim.

Determine the Real Value of Your Claim

Not knowing the full worth of your wrongful death claim can give you a considerable disadvantage when negotiating an out-of-court settlement with the insurance company or responsible party. However, your attorney can assess all your damages, including pain and suffering and future losses of income and service from your loved one. Knowing what your claim is worth is crucial for receiving an adequate settlement.

Fight Hard for Your Best Interests

Our tenacious attorneys know how to negotiate with insurers to ensure that you are not leaving any money on the table in an out-of-court settlement. However, if an insurance company or at-fault party tries to minimize or deny you fair compensation, our experienced litigators can take your case to trial and fight tooth and nail for the full value of your claim.

You Don’t Pay a Dime Unless We Win

Morgan & Morgan can be here for you during the most distressing time in your life. We know that the sudden loss of a loved one can cause significant financial hardship. Regardless of your financial situation, you deserve the best legal representation possible, giving you the best shot to get what you deserve.

Therefore, when we take your case, you do not pay anything out of your own pocket. We only get paid when we win, and you receive compensation for the wrongful death of your relative.

We see every day the heartbreak, grief, and devastation that unexpected wrongful deaths cause. Those left behind have to face life without their loved one while dealing with countless formalities after a death in the family. Morgan & Morgan understands that filing a lawsuit may be the last thing on your mind. However, receiving a settlement for the wrongful death of your family member could ensure the future of your family.

Our Titusville, FL wrongful death lawyers can fight tirelessly for the compensation you need to go on with your life after the sudden loss of a loved one. Get started today and schedule a free consultation to determine how you can pursue justice and compensation.