Gainesville Wrongful Death Lawyer
Has a family member recently died in an accident in Gainesville, FL? While no amount of money can make up for your devastating loss, it can help to make a world of difference in the years to come.
Contact our law office in Gainesville, Florida at (877) 255-3652 to discuss your delicate legal matter with our compassionate team. We are always here to provide you with unparalleled support and guidance when you need it most. Your first consultation, as always, is free.
How Allen Law Firm P.A. Can Help Your Family After a Fatal Accident in Gainesville
You can’t prepare for the unexpected. That can make the sudden loss of a family member that much more painful. You need and deserve the opportunity to grieve your loss. However, you may also deserve compensation from whoever caused this nightmare of a situation. Let Allen Law Firm P.A. handle your wrongful death claim from start to finish.
This way, you not only increase the odds of a full financial recovery, but also give yourself the time you need to focus on what’s most important – you.
Our personal injury lawyers in Gainesville have decades of combined experience fighting on behalf of injury victims and their families. We’ve been a trusted ally in northern Florida since 2010. When you turn to us for help after a fatal accident, we will:
- Be there to guide you through this tough time and help you understand all of the legal options available to you
- Conduct an exhaustive investigation into the circumstances surrounding your loved one’s accident and death
- Determine the cause of the accident and, with that information, identify who is to blame
- Consult with leading accident and injury experts at all stages, especially as we work to value what your wrongful death case is worth
- Aggressively pursue maximum compensation on your behalf
- Handle all negotiations with insurance companies and other parties.
Collectively, our legal team has more than 115 years of experience working in the insurance industry. Some of our lawyers are former adjusters, and our firm has licensed adjusters on staff today. We really understand how insurance companies work, and we’re ready to use that to your family’s benefit. If adjusters don’t offer a full and fair award, we’ll haul the insurer into court and argue on your behalf in front of a jury.
Contact us today to arrange a free initial case evaluation. We’d be more than happy to schedule a meeting at a time and place convenient to you.
What is Wrongful Death?
Wrongful death refers to a death that is the result of negligent, reckless, careless, or intentional conduct. In other words, it’s a death that could have been avoided but happened because another person failed to exercise a reasonable level of care.
Wrongful death actions can arise as a result of:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Motorcycle accidents
- Mass transit accidents
- Boating accidents
- Premises liability matters, including slips and falls, dog bites, and swimming pool accidents
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Construction accidents
- Workplace accidents
Just because someone involved in an accident in Gainesville doesn’t survive doesn’t mean that the person responsible gets to walk away without consequences. Under Florida state law, the right to file a lawsuit simply shifts to the victim’s surviving family members.
When Does the Right to File a Wrongful Death Claim Arise?
Maybe. Florida’s wrongful death law provides that an action can be brought if an accident victim would have had the right to sue, had they survived. In other words, if your family member hadn’t tragically been killed in the accident, they could have filed a personal injury lawsuit and sought compensation on their own.
Who Can File a Wrongful Death Lawsuit?
In some states, family members can initiate a wrongful death action on their own. Florida is a little bit different. In the Sunshine State, the personal representative of the victim’s estate is the one who is legally permitted to file a wrongful death lawsuit. This is typically whoever is designated as the executor of the victim’s estate. If the victim dies intestate (without a will) a court will assign a personal representative. Many times, it’s a surviving spouse or child, anyway.
When filing a wrongful death claim, it can be brought on behalf of the victim’s estate and/or victim’s beneficiaries. That includes the spouse, children, and parents. It can also include anyone who can prove that they were financially dependent on the victim.
Damages Available in Gainesville Wrongful Death Matters
Damages Sought For Victim’s Estate
Typically, a wrongful death action can be filed on behalf of the victim’s estate if they survived their fatal injuries for any period of time. In other words, their death wasn’t instantaneous. The purpose of a wrongful death action in this instance is to recover compensation for the costs, pain, and suffering that the victim experienced in the time between the accident and their death.
Damages typically include money for:
Additionally, the personal representative can seek the cost of funeral or burial expenses that were charged to or paid out of the victim’s estate.
Damages Sought for Surviving Family Members
This is where the difference between wrongful death actions and other personal injury claims is most evident. In Florida, compensation can be awarded to family members, even though they were not physically harmed by the defendant in any way. Damages can typically be awarded for:
- Pain and suffering
- Loss of companionship, protection, guidance, and instruction (if the victim was a spouse or parent)
- Present and future loss of financial support and household services
- Medical bills and/or funeral costs paid out of pocket by the family.
Not all states allow family members to recover compensation for pain and suffering in a wrongful death case. Fortunately, Florida is not one of those states. Family members are free ot demand compensation and financial justice for their devastating loss.
Note, under Florida’s modified comparative fault system with a 51% recovery bar, your damages can be reduced if your loved one shared any degree of blame for the accident that caused their death. And if your loved one is found to be mostly at fault, you will not be able to recover damages. Protect your wrongful death claim by speaking with our experienced legal team right away.
Statute of Limitations for Wrongful Death Actions in Gainesville
Do not wait too long to initiate a wrongful death action after a fatal accident in Gainesville, Florida. The state sets strict time limits on these types of cases. The statute of limitations is just two short years. The clock begins to tick the moment your loved one dies.
That may or may not be the time and date of the deadly accident, depending on whether or not they survived for a period of time.
If you miss the deadline, your family will forever lose the right to recover life-changing compensation. Things are tough enough for you as it is – don’t let that happen, too.
You don’t have to figure all of this out on your own. Call Allen Law Firm P.A., and ask our Gainesville wrongful death attorneys to help you fight. We’ll handle every aspect of your legal case so that you have time to grieve.
Schedule a Free Consultation With our Gainesville Wrongful Death Lawyers Today
Are you struggling with the untimely and unexpected loss of a loved one after an accident in Gainesville, FL? Could their death have been avoided? Whether they were killed by a drunk driver or were attacked in a nightclub as a result of inadequate security measures, the experienced Gainesville wrongful death lawyers at Allen Law Firm P.A. can help you fight to recover the money you need and deserve.
We know that you’re dealing with an unbearable loss. Let us help you navigate the tough times ahead. Our law firm will work tirelessly to not only recover compensation on your behalf, but maximize your payout. While we fight insurance companies and at-fault parties, you can take the time to come to terms with your loss.
We work on contingency, which means that you pay us absolutely nothing unless and until we win your case. If we negotiate a settlement or win a verdict at trial, our team recovers a percentage of your net award. It’s that simple. There’s absolutely no risk in getting our team in your corner for this fight – so call to arrange a free consultation with us today.
Gainesville Wrongful Death Testimonial
Everyone at the Allen Law Firm are such caring and helpful people. I am sure that any question or concern I may have would be responded to quickly and efficiently. Great people, great law firm.”
Highly Rated Funeral Services:
- Milam Funeral and Cremation Services – 311 S Main St, Gainesville, FL 32601
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- Signature Memorial Funeral & Cremation Services – 3401 SE Hawthorne Rd, Gainesville, FL 32641
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- Forest Meadows Funeral Home & Cemeteries – 725 NW 23rd Ave, Gainesville, FL 32609
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Our personal injury law firm in Gainesville, FL also provides:
- Bicycle Accident Lawyers in Gainesville, FL
- Brain Injury Attorneys in Gainesville, FL
- Car Accident Attorneys in Gainesville, FL
- Catastrophic Injury Lawyers in Gainesville, FL
- Lyft Accident Lawyer in Gainesville, FL
- Medical Malpractice Attorneys in Gainesville, FL
- Motorcycle Accident Lawyers in Gainesville, FL
- Pedestrian Accident Attorneys in Gainesville, FL
- Slip and Fall Accident Lawyers in Gainesville, FL
- Truck Accident Lawyer in Gainesville, FL
- Uber Accident Attorney in Gainesville, FL
Gainesville Wrongful Death Blog Posts
- Do I Have a Wrongful Death Case? 3 Common Examples
- Recovering for a Wrongful Death of a Loved One in Florida
- Wrongful Death: A Complete FAQ (Part 1 of 3)
- Wrongful Death: A Complete FAQ (Part 2 of 3)
- Wrongful Death: A Complete FAQ (Part 3 of 3)
Additional Gainesville Wrongul Death Resources
- Wrongful Death Lawsuits in Florida – NOLO
- Wrongul Death Accidents – The Florida Bar
- City of Gainesville Government Official Site
- Wrongful Death 2023 Florida Statutes
Visit our Gainesville, FL Personal Injury Law Office