When a person dies due to the fault of another person’s negligent or intentional act, a wrongful death claim exists under Florida law. Only certain parties can recover in a wrongful death claim. For example, a wrongful death claim is usually filed by a representative on behalf of the survivors. Such a claim seeks compensation for the decedent’s survivors, such as lost wages from the decedent, lost companionship, and funeral expenses.
Wrongful death claims are very complex and should not be handled by the average person. It is recommended that an experienced lawyer in wrongful death cases assist you in such claims.
Wrongful death claims can arise from any type of accident, including car accidents, trucking accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, workplace accidents, and just about any kind of accident.
How can The Cabrera Law Firm help you with a Wrongful Death Claim:
- Identify all possible survivors
- Identify all parties at fault
- Identify all insurance coverage available from the at-fault parties
- Gather evidence, including evidence specific to the cause of the decedent’s death, funeral expenses, surveillance/security video, incident reports, medical records, medical bills,
- Make a wrongful death claim against the at fault party’s or parties’ insurance carrier(s) and negotiate the claim to get appropriate compensation for the estate and all survivors
- File a lawsuit if the claim cannot be settled out of court
- Obtain expert testimony from doctors and other experts, if necessary, to prove injuries and meet legal thresholds.
- FIGHT AGGRESSIVELY TO GET THE HIGHEST COMPENSATION POSSIBLE FOR THE ESTATE AND SURVIVORS!
- Once the case is settled or resolved by jury verdict, negotiate any of remaining, unpaid medical and funeral bills, if any.
witness statements, and lost wage documentation
What if the decedent may be at fault for the accident leading to death?
Even if the decedent may have been partly at fault for the accident that lead to death, the estate and survivors may still be able to recover damages. Florida follows the comparative negligence rule, which means that an injured person can recover for injuries even when the injured party is at fault but the recovery may be reduced by the percentage of fault assigned to the injured person as determined by the court. For example, if the decedent is found to be 25% at fault, the estate/survivors may still recover 75% of damages.