If you have lost a loved one due to another party’s negligence or wrongdoing, you may have the right to file a claim to recover damages.
We understand that money can’t bring back the person you loved and can never compensate you for your loss. However, we have seen repeatedly that seeking justice brings a sense of empowerment and the ability to move forward. And recovering financial compensation can help ease some of the burdens caused by your loved one’s death.
The compassionate Sarasota personal injury lawyers at Garvin Injury Law have been protecting the rights of wrongful death clients for over four decades and have the skills and resources to help you recover the maximum possible compensation for your damages.
Call us at (239) 277-0005 or go to our contact page and complete the brief form to schedule a free consultation with an experienced Sarasota wrongful death lawyer.
Why Clients Trust Garvin Injury Law
Garvin Injury Law is one of the most well-regarded personal injury law firms in the region. We have recovered millions of dollars for our deserving clients since we opened our doors, and we’ve received accolades on both the local and national levels for our exceptional legal services.
Clients turn to us because:
- Our firm has protected wrongful death clients’ rights for over forty years.
- We have a proven record of recovering maximum client compensation.
- We treat every client and case with dignity and respect.
- We are committed to helping you walk through this dark time and get the justice and financial compensation you deserve.
Contact us today to get started with a free case review. Our wrongful death attorneys in Sarasota, Florida, are here to help you make it through this especially difficult time as best as possible.
What is a Sarasota Wrongful Death Claim?
If someone causes the death of another person due to negligence or wrongdoing, it may be considered a wrongful death. One common cause of wrongful death is Sarasota car accidents.
When a tragedy occurs, the survivors of a wrongful death victim have the right to bring a civil action – a wrongful death claim – to recover financial compensation for their damages.
Florida law outlines who may file a wrongful death action in Florida Statutes §768.18. The surviving spouse, children, and parents of a wrongful death victim may file an action to recover damages. In some situations, other parties dependent on the decedent for financial support may also have a right to recover compensation.
You must consult an experienced Sarasota wrongful death lawyer to know whether you have a claim.
Schedule a free consultation today.
What Steps Should You Take After the Wrongful Death of a Loved One in Sarasota?
Losing a family member unexpectedly is one of life’s most painful experiences. When their death was caused by another party’s carelessness or wrongdoing, the grief can be even harder to bear. While no amount of money can replace your loved one, taking certain steps can protect your family’s legal rights and help you pursue justice.
If possible, try to:
- Obtain a copy of the official death certificate and any related police or accident reports
- Preserve evidence connected to the incident if possible, such as photos and videos in addition to eyewitness reports
- Avoid discussing the details of the accident with the at-fault party’s insurance company before speaking with an attorney
- Contact an experienced wrongful death lawyer in Sarasota as soon as possible
Taking action early allows your attorney to begin investigating while the evidence is still fresh. At Garvin Injury Law, we understand that families need compassionate guidance during this time. We can manage the legal process so you can focus on grieving and supporting one another.
What Is the Florida Wrongful Death Act?
The Florida Wrongful Death Act sets the rules for when surviving family members can seek compensation after losing a loved one due to the negligence or misconduct of someone else. A claim must be filed by the personal representative of the deceased person’s estate, but it is brought for the benefit of certain survivors and the estate itself.
Under the Act:
- Eligible survivors can include a spouse, children, parents, and in some cases, other relatives who were financially dependent on the deceased
- Recoverable losses for survivors may include both economic damages (like lost income and benefits), as well as non-economic damages (such as mental pain and suffering)
- Damages for the estate can cover medical expenses related to the final injury or illness, funeral and burial costs, and lost earnings from the date of injury to death
The law also makes it clear that wrongful death claims are separate from any criminal charges related to the death. You can succeed in a civil wrongful death case even if the at-fault party is not convicted in criminal court, since the burden of proof is lower in civil cases.
How To File a Wrongful Death Claim in Sarasota
Filing a wrongful death claim in Florida begins with the personal representative of the estate initiating the lawsuit. This representative may be named in the deceased’s will or appointed by the court if no will exists. Once appointed, the representative works with an attorney to gather evidence, identify all liable parties, and calculate damages.
The process generally involves:
- Investigating the cause of death and determining who is responsible
- Documenting the financial and emotional impact on surviving family members
- Filing the complaint in the appropriate Florida court within the statute of limitations
- Negotiating with the at-fault party’s insurance company or legal team
- Taking the case to trial if a fair settlement cannot be reached
In Florida, wrongful death lawsuits must usually be filed within two years of the date of death. Missing this deadline can result in losing the right to recover any compensation, so it is important to get legal help as soon as possible. Our legal team can ensure that all filing requirements are met and that your case moves forward without unnecessary delays.
Why You Need a Sarasota Wrongful Death Attorney
You will usually have a significantly better outcome when an experienced wrongful death lawyer in Sarasota represents you. Additionally, you deserve to focus on your grief and healing and allow your attorney to handle every aspect of pursuing your wrongful death claim.
Your attorney will investigate your loved one’s accident or incident to determine its causes and who may be liable for your damages. They will conduct discovery to uncover and collect vital evidence to support your claim. Your attorney will work hard to build your strongest case.
They will also help ensure all your damage is considered and accurately valued and help determine what would be a fair settlement of your claim. Your attorney can then help negotiate a fair settlement of your claim as quickly as possible.
If a fair settlement is not reached, your attorney will take your case to trial to prove your claim. You don’t want to face a wrongful death claim without an experienced Sarasota wrongful death lawyer by your side.
Call Garvin Injury Law Today
If you have lost a loved one due to another party’s negligence or wrongdoing, you are likely to feel angry and overwhelmed. You may be able to recover compensation for your damages.
The Sarasota wrongful death attorneys at Garvin Injury Law have the experience to help you get the justice and compensation you deserve.
Contact us today by calling (239) 277-0005 or visiting our contact page to schedule a free consultation to discuss your claim.