Wrongful death is a death caused by the negligence or wrongdoing of another party. Under the Florida Wrongful Death Act, a decedent’s survivors may have a right to recover damages from the party liable for the death of their loved one.
At Garvin Injury Law, we know that filing a wrongful death claim can’t compensate for the loss of your loved one.
However, we have seen that pursuing justice for your loved one often helps with your grief. Additionally, financial compensation can help relieve some of the financial burdens caused by your loved one’s death.
We have been recovering maximum compensation for wrongful death clients for over forty years. If your loved one was taken from you because of another party’s negligence or wrongdoing, our personal injury lawyers want to help you recover the compensation you deserve.
You can schedule a free consultation by completing the short form on our contact page or by calling (239) 277-0005.
Why Choose a Key West Wrongful Death Lawyer From Garvin Injury Law?
- We will handle all aspects of filing your claim and recovering compensation so you can properly grieve and focus on your healing.
- Our attorneys handle every case with respect and dignity.
- We have protected wrongful death clients’ rights for over forty years.
- You will pay nothing unless we win compensation for you.
What Are the Leading Causes of Key West Wrongful Death Claims?
A wrongful death claim can arise from numerous causes. Some of the most common causes of Key West wrongful death claims include:
- Motor vehicle accidents, including cars, trucks, and boats
- Aviation accidents
- Drowning and near-drowning accidents
- Pedestrian and bicyclist accidents
- Work-related injuries
- Dog and other animal attacks
- Violent attacks, including domestic violence
- Slip, trip, and fall injuries
- Defective or dangerous product injuries
Our attorneys scrutinize every accident to help determine its causes and liable parties and work hard to hold the at-fault parties accountable.
How is Fault Determined and Proven in Key West Wrongful Death Claims?
Most Key West wrongful death claims are based on negligence. To be successful in any negligence claim, you must prove that four elements exist.
First, you must prove that the defendant owed you a duty of care. For example, every motorist owes a duty of care to operate their vehicle safely and take reasonable care to avoid harming others.
Then you must prove that the defendant breached their duty of care through actions or inaction. This could be by running a stop sign or a red light.
Next, you must prove that the defendant’s negligence was the cause of your injuries. So, you must prove that the defendant ran a red light and that their running the red light caused your accident.
Finally, you must prove that the defendant’s breach of duty caused you actual damages.
What Constitutes a Wrongful Death in Key West?
Florida defines wrongful death as a loss caused by another party’s “wrongful act, negligence, default, or breach of contract or warranty.” These claims are not limited to one type of accident. They may arise from anything from a fatal car accident to a medical malpractice incident.
The unifying element in each case is that someone failed to act with reasonable care, and that failure directly led to the death of another person. When this happens in Key West, Florida state law allows certain surviving family members to pursue justice through a wrongful death lawsuit.
The personal representative of the deceased person’s estate is generally the one who files the claim. However, the lawsuit is filed for the benefit of eligible family members, such as a spouse, children, or, in some cases, parents. Every family’s situation is different at the end of the day, which is why a careful legal review is so important in determining whether you have the right to move forward with a claim.
Compensation in Key West Wrongful Death Cases
The purpose of a wrongful death lawsuit is to provide financial relief to surviving family members after such a devastating loss. While no amount of money can ever replace a loved one, compensation can help cover both economic and non-economic (emotional) damages.
Families may be entitled to recover:
- Medical expenses incurred prior to death
- Funeral and burial costs
- Loss of the deceased’s financial support and services
- Loss of companionship, guidance, and protection
- Mental and emotional pain and suffering
In cases involving particularly reckless or intentional conduct, punitive damages may also be available. These are not designed to compensate but to punish wrongdoers and deter similar behavior in the future.
An experienced wrongful death attorney on our team can calculate the full scope of damages by conducting a thorough internal investigation and by bringing in experts as needed. Having strong legal advocacy helps ensure your claim fully reflects the impact of your loss and that you receive maximum compensation.
Florida Wrongful Death Statute of Limitations
Wrongful death lawsuits in Florida must be filed within two years of the date of death in most cases. This is known as the statute of limitations. If the claim is not filed within that period, you and your family could lose the right to pursue compensation.
There are limited exceptions that can adjust this time limit. For example, if the death resulted from homicide or if the responsible party concealed their role, the deadline may be extended. However, these situations are rare.
It’s important to act quickly, as it can be complicated to determine the time limit to file a wrongful death lawsuit. Speaking with our wrongful death lawyer in Key West as soon as possible can ensure evidence is preserved and that your claim is filed on time.
Who Can File a Florida Wrongful Death Claim?
In Florida, a surviving spouse, children, or parents of a decedent may have a wrongful death claim. In some cases, other people who are financially dependent on the decedent may have a right to recover compensation.
You should consult an experienced Key West wrongful death lawyer to determine your rights.
How a Key West Wrongful Death Attorney Can Help You
Being represented by a Key West wrongful death lawyer almost always leads to a significantly better result than representing yourself.
In a wrongful death claim, you deserve to be able to grieve and focus on your recovery without being bothered by the many legal duties of pursuing a wrongful death claim.
A good wrongful death lawyer will handle every aspect of your claim and work hard to recover maximum compensation.
Schedule a Free Consultation to Discuss Your Key West Wrongful Death Claim
The compassionate Key West wrongful death attorneys at Garvin Injury Law have a proven record of recovering maximum compensation for our wrongful death clients. We want to help you get the justice and compensation you deserve.
Call (239) 277-0005 or visit our contact page to schedule a free consultation.