Bradenton Wrongful Death Attorney

Did you lose a family member in an accident caused by someone else in Bradenton, Florida? Your family may have the right to pursue compensation from them through a wrongful death claim. Garvin Injury Law can help you through this difficult process and fight to make sure the responsible parties are held fully liable.

Our Bradenton personal injury attorneys have 50 years of experience and have recovered tens of millions of dollars for our clients since our founding. We understand how much is at stake for your family and will make sure your case is our priority throughout the entire legal process, including in the courtroom at trial if that’s what it takes.

Contact our law offices for a free consultation today at (239) 277-0005. We can answer any questions you might have about your case going forward at that time.

How Garvin Injury Law Can Help Your Family After a Wrongful Death in Bradenton, FL

No amount of money can replace the person you lost. However, a successful wrongful death claim can potentially help ease the financial burden your family is facing and help with a sense of justice at the same time. Garvin Injury Law has spent 50 years helping families in Bradenton and throughout Florida navigate these cases and knows how to build claims that produce results.

When you bring your case to our legal team, we will help by:

• Investigating the accident that caused your loved one’s death
• Collecting evidence to establish liability
• Identifying all of the parties who may share fault
• Working with expert witnesses as applicable along the way
• Handling all of the communications with the insurance company
  Protecting your loved one from allegations of contributory fault
• Negotiating for a settlement that reflects the true value of your claim
• Filing a lawsuit and taking your case to court if the other side will not offer a fair resolution

Contact our wrongful death lawyers in Bradenton, FL, today for a free case review. We’ll do everything we can to help you maximize the value of your claim. Motorcycle accidents are usually deadly — contact a Bradenton motorcycle accident lawyer to get justice for your loved ones today.

What Is Wrongful Death Under Florida Law?

Florida’s Wrongful Death Act is found in Sections 768.16 through 768.26 of the Florida Statutes. Under this law, a wrongful death occurs when a person dies as a result of another party’s “wrongful act, negligence, default, or breach of contract or warranty.”

One of the most important things to understand about Florida’s wrongful death process is that individual family members cannot file the lawsuit on their own. Instead, the claim must be brought by the personal representative of the deceased person’s estate. The personal representative files a single lawsuit on behalf of all eligible survivors and the estate itself.

If the deceased had a will, the personal representative is usually the person named in that document. If there is no will, the court will appoint someone, typically starting with the surviving spouse and then moving to adult children and other close relatives.

Who Qualifies as a Survivor in Florida?

The term “survivor” has a specific legal meaning under Florida wrongful death law. Not every family member who is grieving qualifies to receive compensation. Only those identified in the statute are eligible, and what they can recover depends on their relationship to the deceased.

The following family members are recognized as survivors under Florida law:

• The deceased’s surviving spouse
• Minor children of the deceased
• Adult children of the deceased, though their recovery is more limited
• Parents of the deceased, if the deceased was a minor child
• Parents of a deceased adult child who had no other surviving family members
• Blood relatives and adoptive siblings who were dependent on the deceased for support

Each category of survivor is entitled to different types of damages under the statute as well, which we’ll go into more detail on below. 

What Damages Can Be Recovered in a Bradenton Wrongful Death Case?

Florida law divides wrongful death damages into two groups: damages that go to individual survivors and damages that go to the estate.

Survivor damages are meant to compensate family members for the personal losses they have suffered. Depending on the survivor’s relationship to the deceased, these can include:

• Loss of companionship, guidance, and support
• Mental pain and suffering
• Lost parental companionship and instruction for minor children
• Lost financial support the deceased would have provided

Estate damages are recovered by the personal representative on behalf of the estate and may include:

• The deceased’s lost earnings from the time of injury to the time of death
• Loss of prospective net accumulations, which is the wealth the deceased would have built over their remaining lifetime
• Medical expenses related to the final injury or illness
• Funeral and burial costs

Survivor damages belong directly to the individual survivors and are not subject to the estate’s creditors. Estate damages, on the other hand, pass through probate and may be subject to creditor claims. Understanding this distinction matters when it comes to how the total recovery is divided among family members.

Who Can Be Held Liable for a Wrongful Death in Bradenton, Florida?

Florida law does not place many restrictions on who can be named as a defendant in a wrongful death case. Depending on the circumstances, potentially liable parties may include:

• The individual whose negligence directly caused the death
• An employer responsible for the actions of its employees
• A property owner who failed to maintain safe conditions
• A manufacturer that produced a defective product
• A government entity, though these claims carry additional procedural requirements

Multiple parties can share liability in a single case. Our wrongful death attorneys in Bradenton will investigate every angle to make sure all responsible parties are identified and held accountable.

How Long Does My Family Have To File a Wrongful Death Lawsuit in Florida?

The statute of limitations for wrongful death cases in Florida is two years from the date of death. If the personal representative does not file the lawsuit within that window, the family will almost certainly lose the right to pursue compensation.

Keep in mind that before a wrongful death lawsuit can be filed, the court must first appoint a personal representative for the estate. That probate process can take additional time, which is why reaching out to a personal injury lawyer as early as possible is the best way to ensure you file your claim appropriately.

Schedule a Free Consultation With a Bradenton Wrongful Death Lawyer

Losing a loved one to someone else’s negligence is one of the most traumatic experiences possible. Garvin Injury Law has spent 50 years helping families through these difficult cases and is ready to stand by your side, too, as soon as you are. 

Call our Bradenton wrongful death lawyers today to schedule a free consultation at (239) 277-0005.

We work on a contingency fee basis, so you only pay attorney’s fees if your case is successful.