Our Gainesville Wrongful Death Lawyer Is Ready to Fight for You
Losing someone you love is always a difficult ordeal, but it can be especially difficult if their death was preventable. You may be struggling to cope with your grief and adapt to a loss of income at the same time. As victims of another person’s negligence, you and your family shouldn’t have to face these losses on your own.
Our wrongful death attorneys serving Gainesville will use our understanding of the law and the experience we’ve gained from previous successes to fight for your family as if it were our own. Call (352) 373-8000 to get started with a free initial consultation.
The Gainesville personal injury lawyers at Meldon Law can fight to recover the compensation you need. We will pursue justice and serve your family with compassion and integrity.
Meldon Law Is Here to Help Your Family After a Wrongful Death
After a tragedy, you deserve legal representatives who prioritize you above everything else—who make themselves available to answer your questions and concerns. We want to be that source of hope and peace of mind for you.
This guide to wrongful death claims in Gainesville will answer the most common questions about seeking justice after a wrongful death in Florida.
How Much You Can Get in a Wrongful Death Claim in Gainesville
When you’re making the decision of whether or not to file a wrongful death claim, one of the first questions you may ask yourself is how much will it be worth? Will it be enough to be worth your time and effort to pursue a lawsuit, or should you just take the insurance company’s first offer so you can move on with your life?
Insurance Companies Are Not on Your Side
To begin with, you should understand that the insurance companies do not have your best interests at heart. That’s where we come in. If you have damages from a loved one’s death, and that death was caused by an act of negligence that should have never happened, it is worth talking to a Gainesville wrongful death attorney. We will fight to get the full value of your claim.
We will carefully examine your evidence. We will ask questions about the circumstances of your loved one’s death and about the fatal accident or incident that caused it. Once we have developed a thorough understanding of your claim, we can give you an estimate of its value. To protect you and your family, you should consult with a lawyer before talking to an insurance company or signing anything.
Our Wrongful Death Claim Results
The following are stories about results we have achieved for clients who filed wrongful death claims. Keep in mind that no two wrongful death cases will be exactly alike, so the following case results we secured for our clients do not mean your case will have the same outcome.
- Wrongful Death/Medical Malpractice: $250,000
Our wrongful death lawyers were able to recover $250,000 after a patient died from hemorrhagic shock and bleeding from a catheter puncture site when the relocation of their temporary hemodialysis catheter was not monitored by hospital personnel.
- Wrongful Death/Scuba Drowning: $275,000
Our wrongful death lawyers were able to recover $275,000 after a young woman drowned when she was abandoned by her cave diving instructor after she sent out a distress signal.
While no settlement can bring your loved one back or take away the pain of their loss, when you file a personal injury claim and have a successful outcome, as these clients did, it holds the responsible parties accountable and protects other families like yours in the future.
Who Is Entitled to Wrongful Death Benefits in Gainesville, Florida?
According to Florida Statutes §768.21, in a wrongful death claim in Gainesville, Florida, the following individuals are entitled to wrongful death benefits:
- Spouse: The surviving spouse of the deceased person may recover damages for mental pain and suffering, loss of companionship, and loss of support and services.
- Children: The deceased person’s children, including adopted children and adult children, may recover damages for mental pain and suffering and loss of parental companionship, instruction, and guidance. Minor children may also recover for lost parental support and services.
- Parents: If the deceased person is a minor child, the parents may recover damages for mental pain and suffering. If the deceased person is an adult, parents may recover damages if there is no surviving spouse or children.
- Estate: The deceased person’s estate may recover certain damages, such as lost earnings, medical and funeral expenses, and lost prospective net accumulations of the estate.
It is important to note that the specific damages available to each category of survivors may vary depending on the circumstances of the case and the relationship to the deceased person. A wrongful death attorney can help you understand your rights as a survivor and guide you through the process of seeking the compensation you deserve.
Our Gainesville Wrongful Death Attorney Will Prove Negligence and Liability
In wrongful death cases, the party who caused the accident and your loved one’s injuries was usually careless or reckless in some way. For example, if your loved one was fatally injured in a car accident, the other driver’s failure to stop at a red light would be considered negligence. An attorney can prove that negligence caused the accident using the evidence they gather.
Using the above example, your Gainesville wrongful death lawyer would have to demonstrate the following four elements to prove liability:
- Duty of care: As a motorist sharing the road with others, the responsible party owed your loved one a duty of care to drive safely and cautiously.
- Breach of duty: The other party failed to uphold their duty of care, and their actions led to injury or death. Traffic violations, like failing to stop at a red light, could serve as evidence of such a breach.
- Causation: The other party’s breach of duty must have directly or proximately caused your loved one’s injuries. Accident reconstruction services can help link the liable party’s actions to your loved one’s accident and fatal injuries.
- Damages: You must have suffered losses due to the other party’s actions. We will use evidence of your loved one’s medical bills, property damage, and other losses to satisfy this requirement.
Some wrongful death cases, such as those involving defective products, do not require us to prove negligence. For example, if your loved one was fatally injured due to a product malfunction, the maker would be subject to the legal principle of strict liability and would be considered at fault, even though negligence may not have been involved.
A Gainesville wrongful death lawyer can talk more about the role that negligence will play in your case.
What Compensation Can You Recover in a Wrongful Death Case?
In a wrongful death case, your attorney may be able to recover compensation for losses suffered by the loved one prior to their passing and those incurred by surviving family members. Depending on the beneficiary (those who were financially dependent on the loved one), a wrongful death case may include compensation for the following:
- Medical expenses incurred by the victim before their passing
- Loss of your loved one’s financial support
- Funeral, cremation, or burial expenses
- The decedent’s pain and suffering
- The survivors’ emotional anguish
- Loss of the decedent’s care, companionship, and guidance
It can be hard to assign a dollar amount to personal loss. We know that no amount of money can make up for a valued relationship. However, we do want to pursue compensation that will help you and your family to move forward.
You should not be saddled with financial insecurity while you grieve and recover from your loss. You can reach out to us at (352) 373-8000. Tell us about the loss of your loved one, and we can explain your options moving forward.
How Do I Sue for Wrongful Death in Gainesville, Florida?
In Florida, a wrongful death lawsuit can be filed when a person’s death is caused by the negligence, wrongful act, or breach of contract of another party. To sue for wrongful death in Florida, you need to follow these steps:
- Determine the personal representative: In Florida, the personal representative of the deceased person’s estate is responsible for filing the wrongful death lawsuit. This is typically the executor named in the will or an individual appointed by the court.
- Identify the beneficiaries: The personal representative must identify the deceased person’s survivors who are entitled to recover damages. This may include the spouse, children, parents, and other dependent relatives.
- Gather evidence: Collect evidence to support your claim, such as police reports, medical records, witness statements, and expert opinions. This evidence should demonstrate the defendant’s negligence or wrongful act and the resulting damages.
- File a complaint: The personal representative must file a complaint in the appropriate Florida court. The complaint should detail the facts of the case, the defendant’s negligence or wrongful act, and the damages sought.
- Serve the defendant: The defendant must be formally notified of the lawsuit through a process called “serving.” This involves delivering a copy of the complaint and a summons to the defendant.
- Engage in discovery: Both parties will exchange information and evidence through the discovery process, which may include depositions, interrogatories, and requests for documents.
Many wrongful death cases are resolved through settlement negotiations. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine the outcome. Wrongful death cases in Florida must be filed within the statute of limitations. This is a time limit each state sets that determines how long injured parties generally have to file a claim.
How Much Time You Have to File a Wrongful Death Claim in Florida
It is important to file your wrongful death case as soon as possible because the sooner you file, the sooner your Gainesville wrongful death attorney can begin building a strong case to recover the financial compensation you and your family need.
You Generally Have Two Years to File a Wrongful Death Lawsuit
The law also limits the time you have to file. The statute of limitations, or time limit, on wrongful death lawsuits is typically two years from the date of the individual’s passing, per Florida Statutes § 95.11. If you do not file your case within this time, you will likely forfeit your legal right to claim any compensation at all.
Your Wrongful Death Attorney Will Need Time to Investigate and Build Your Case
Prior to filing your case, an attorney will conduct a thorough investigation to determine who was at fault for the accident and collect evidence to prove your claims. This is a crucial step, but it can also be a long process. Other legal hurdles can also slow down the process. Our attorneys have the skill, knowledge, experience, and persistence to overcome these and resist stalling tactics by the liable party’s insurer.
While it may not be necessary to file a lawsuit, we want to be prepared if settlement negotiations break down. Our attorneys prepare your case for litigation from the beginning to protect your right to compensation.
Wrongful Death Stats in Florida
Our Gainesville Attorneys Define Wrongful Death
Wrongful death cases are not criminal cases. Even if the death was the result of a crime, these cases fall under tort law (in which another person’s negligent actions caused someone harm).
This means your attorney must only prove that the negligent actions of another person were more likely than not the cause of your loved one’s death. While criminal penalties, such as jail time, are intended to make the offender pay restitution to the state, a wrongful death civil case will force the responsible party to pay damages, such as your loved one’s lost income.
The Estate’s Representative Files the Wrongful Death Case
According to Florida law, only the personal representative of the estate can file a wrongful death case. If the deceased did not name a personal representative, the court will appoint one. If the personal representative is successful with their case, any damages awarded are distributed to immediate family members and beneficiaries, including:
- Surviving spouse
- Surviving biological or adopted children or grandchildren
- Surviving parents
- Surviving family members who were financially dependent on the decedent at the time of their passing
Our legal team can help you determine whether you are eligible to file a claim.
(Consultations are Free)We are here for you 24/7
What You Can Expect During a Wrongful Death Claim in Gainesville
Fear of the unknown may be a factor when you’re deciding whether or not to file a wrongful death claim. You may wonder what you can expect and whether or not it will be too stressful. Your Gainesville wrongful death lawyer will ease your fears by explaining your options and answering your questions.
We Can Provide Your Family Time to Grieve in Peace
One thing you can expect at every turn of the claims process is that we will be advocates you can turn to. We understand that after the death of a loved one, you are already grappling with a lot. You are most likely grieving while trying to cope with many unexpected stressors that are being thrown at you all at once. We are here to take some of that burden off your shoulders.
The Five Steps to a Wrongful Death Claim
Let us walk you through the five steps of a wrongful death claim in Florida so you will know what to expect. Of course, there is much more that goes into the claims process, but this is a basic overview:
Step 1: We will conduct an investigation to determine the cause of your loved one’s death, to prove that their death was a result of negligence, and to identify all responsible parties.
Step 2: We will handle all necessary communications because you shouldn’t have to worry about talking to insurance company investigators during this time.
Step 3: We will collect the evidence that is needed to prove your claim, which may include medical records, photos, videos, and expert witness testimony.
Step 4: We will advocate for your rights while we pursue your settlement, making sure you are compensated for the full value of your losses.
Step 5: If the insurance company offers a lowball settlement that will leave you financially struggling later on, or won’t settle at all, we will take your wrongful death case to trial.
Everything we do is to make sure you and your family receive the support and compensation they need.
Common Types of Wrongful Death Cases We Handle in Gainesville
Any fatal injury caused by the negligence of another party may enable surviving family members to pursue compensation. Common accidents and causes of death in these cases include the following:
- Auto accidents resulting from driver carelessness, recklessness, distraction, or intoxication
- Truck accidents involving 18-wheelers or other large commercial vehicles caused by driver error or employer negligence
- Motorcycle and bicycle accidents, often resulting from the negligence of passenger vehicles to check blindspots and yield the right-of-way
- Pedestrian accidents that occur due to driver distraction, speeding, and failure to yield
- Medical malpractice, such as misdiagnosis, surgical errors, emergency room errors, and prescription drug errors
- Faulty products due to defects in design or manufacturing
- Work-related and construction accidents, often due to an unsafe work environment, improper training, or faulty equipment
- Premises liability accidents, in which an individual suffers fatal injuries due to a hazard on a property they were legally permitted to enter
Why it’s Important to Have Compassionate Legal Representation During a Gainesville Wrongful Death Claim
When you’re going through a wrongful death claim in Florida, it may be one of the most difficult periods of your life. Because of this, having compassionate legal representation during a wrongful death claim is crucial for several reasons:
- Emotional support: Losing a loved one is an emotionally devastating experience, and the grieving process can be overwhelming. A compassionate attorney understands the emotional toll and can provide a supportive presence throughout the legal process, allowing you to focus on healing and being with your family.
- Sensitivity to your needs: A compassionate attorney will be sensitive to your unique situation and needs. They will listen to your concerns, answer your questions patiently, and adapt their approach to ensure that you feel comfortable and well-informed at every stage of the process.
- Respectful communication: A compassionate legal representative will communicate with you in a respectful and empathetic manner, taking care to avoid adding to your distress. They will update you on the progress of your case regularly and explain complex legal concepts in a way that is easy to understand.
- Advocating for your rights: While providing emotional support, a compassionate attorney will also fiercely advocate for your rights and work tirelessly to hold the responsible parties accountable. They will build a strong case on your behalf and fight for the compensation you and your family deserve.
- Personalized attention: A compassionate lawyer will provide personalized attention to your case, taking the time to understand the unique circumstances of your loved one’s death and how it has affected your family. They will tailor their legal strategy to your specific needs and goals.
- Guiding you through tough decisions: Throughout the legal process, you may face difficult decisions, such as whether to settle or go to trial. A compassionate attorney will provide guidance and support, helping you weigh your options and make informed choices that align with your best interests.
Dealing with the loss of a loved one is never easy, and the added stress of a legal case can be challenging to bear. A legal representative can provide emotional support and advocacy during this difficult time, allowing you to focus on honoring your loved one’s memory and moving forward with your life.
Get a Free Case Review With a Wrongful Death Lawyer in Gainesville
Losing a loved one is never easy, but our Gainesville wrongful death attorneys at Meldon Law can help you through this difficult time.
Our attorneys know how to determine who was at fault for your loved one’s death and how to prove it so you can pursue the settlement or court verdict that you deserve. Call us today at (352) 373-8000 or contact us online to schedule a free consultation.
