Palatka Wrongful Death Lawyer
The loss of a loved one can turn your life upside down in more ways than one. If you recently lost a loved one in a fatal accident in Palatka, FL, an experienced Palatka wrongful death lawyer at Allen Law Firm, P.A. can help.
For nearly three decades, our lawyers have helped clients get the fair compensation they need after losing a family member. We’ve recovered millions for our clients over the years–and are prepared to help in your case.
Are you ready to learn more? Call our law offices in Palatka, Florida, today to schedule a free consultation.
How Allen Law Firm, P.A. Can Help After a Fatal Accident in Palatka
Losing a loved one is never easy. The loss can be even more tragic if it was caused by a sudden accident–especially if that accident could have been prevented. You deserve time to deal with your grief. It’s also important to remember that you may have legal rights to assist with financial difficulties caused by your loss.
Florida law gives surviving family members the right to sue for wrongful death. A wrongful death action can help you get justice–by holding the responsible parties financially accountable for their actions.
A Palatka personal injury lawyer at Allen Law Firm, P.A. can help your family get the full and fair compensation you deserve by:
- Gathering all evidence available to back up your wrongful death claim, including accident reports, medical records, witness statements, and more
- Minimizing the victim’s role in the accident
- Hiring experts who can assess the financial value of your losses
- Handling all communications with defense lawyers and insurance companies
Our personal injury attorneys have almost 30 years of experience helping clients like you in Palatka, Florida. We also have more than 115 years of combined insurance industry experience behind us. We can fight back when insurance companies put lowball settlement offers on the table.
Remember, you only have a limited amount of time to take legal action. Don’t hesitate to call or use our online contact form to schedule a free consultation today.
How Common Are Fatal Accidents in Palatka?
Motor vehicle accidents and falls are the two most common causes of accident-related death in the U.S., according to CDC research.
In 2020, 3,303 Floridians lost their lives in motor vehicle crashes. Over 30 of those fatal accidents happened in Putnam County. About 3,013 more people were killed in fatal fall accidents in Florida during 2019 alone.
We Handle All Types of Wrongful Death Cases in Palatka, FL
In reality, any serious accident can be fatal. At Allen Law Firm, P.A., our Palatka wrongful death attorneys handle all wrongful death cases in Palatka, including those involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus or train accidents
- Uber accidents
- Lyft accidents
- Boating accidents
- Construction accidents
- Slip and fall accidents
- Dog bites and animal attacks
- Defective products
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect
- Assault or other violent acts
Generally speaking, wrongful death is any death caused by someone else’s negligent, reckless or wrongful actions. Most accident fatalities happen because a third party was careless or reckless–although a criminal act doesn’t eliminate your right to file a lawsuit in civil court.
Who Can File an Action for Wrongful Death in Florida?
Under Florida laws, only the personal representative of the victim’s estate may file the action for wrongful death. However, that action is brought on behalf of the victim’s survivors or estate. Ultimately, the survivors, or estate beneficiaries, are the parties who usually recover financial compensation in wrongful death cases.
The following family members are classified as “survivors” under Florida law:
- Surviving spouses
- Relatives who depended upon the deceased person for financial support
Do you have questions about your rights after losing a loved one? Call Allen Law Firm, P.A. to schedule a free case review and get the quality legal help you deserve.
What is My Palatka Wrongful Death Case Worth?
Putting a price tag on the loss of a loved one can seem impossible. No amount of money will make up for your loss. To recover fair compensation, however, it’s necessary to evaluate your claim in terms of financial loss.
The value of a wrongful death case depends on a number of different factors. Florida wrongful death laws recognize that the victim may have left behind a family. The value of a wrongful death lawsuit depends heavily on what the family has lost.
Relevant factors in evaluating the fair value of your case include:
- The age and life expectancy of the victim
- The victim’s earnings and future earning potential
- The age and life expectancy of any dependent children and family members
- The value of any lost benefits, including pension benefits
- The pain, trauma, and emotional suffering caused by the accident and injury
Calculating pain and suffering damages in personal injury cases is complex. Estimating damages in actions for wrongful death can be even more difficult. You need concrete information to back up your damages claim. Our lawyers at Allen Law Firm, P.A. know how to find the proof you need.
Ready to learn more? Call to schedule your free case review today.
What Types of Damages Are Available to Wrongful Death Victims?
The types of damages available in wrongful death cases are slightly different than damages in personal injury cases. For example, compensation for future medical costs isn’t available. The amount of compensation available might also depend on the age of the surviving spouse and children.
Typically, surviving family members are entitled to damages for:
- Pain and suffering
- Loss of support and services between the date your loved one was injured in an accident and the date of death
- Loss of future support and services
- Loss of companionship and protection for a surviving spouse
- Loss of parental companionship, instruction, and guidance for children
- Medical bills and funeral expenses, if a survivor paid those costs
The personal representative is also entitled to recover damages on behalf of the victim’s estate. Those damages might include:
- Lost wages between the date of injury and the date of death
- Loss of future net accumulations
- Loss of inheritance and savings for estate planning
- Medical bills
- Funeral expenses
- Pain and suffering experienced by the accident victim
It can be difficult to know how much you deserve–especially when you’re grieving. Let our lawyers help demand the fair compensation you deserve. All you have to do is call our law firm today to learn more about our practice areas.
Can I Recover Damages If My Loved One is Blamed for Causing a Fatal Accident in Florida?
Yes – but only up to a point. Your damages can be reduced if your loved one was partly responsible for the accident; they will be reduced in proportion to your loved one’s percentage of fault. You also cannot recover compensation if your loved one was 51% or more responsible.
Insurance companies sometimes try to use these shared fault rules to their advantage. They count on the fact that you might not know exactly what caused the accident.
Some grieving families back down entirely when faced with these allegations of fault. Our accident attorneys can help. We’ll start by evaluating whether the insurance company’s claims are justified. We’ll also conduct our own investigation and locate any evidence to dispute the victim’s role in the accident.
How Do I Prove Negligence in a Florida Wrongful Death Lawsuit?
To establish your right to compensation, you need proof that your loved one’s death was caused by a third party’s actions. Most surviving families will have to prove negligence to recover damages.
That means proving that the at-fault party:
- Owed your loved one a legal duty of care
- Breached that duty of care
- Caused the accident and death
- The victim’s death caused damages
The types of proof needed can vary dramatically depending on what caused the accident. For example, all drivers have a legal duty to drive carefully. Driving while distracted or drunk is a breach of that duty of care.
Your lawyer will also have to prove that the breach caused your loved one’s death. We can get that proof by interviewing witnesses, locating video surveillance footage, and even hiring accident reconstruction specialists.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Florida?
Florida law gives you two years to file a wrongful death lawsuit. The clock starts ticking on the date of your loved one’s death.
Once the two-year statute of limitations is up, you will lose your right to recover damages–regardless of the circumstances that caused your loved one’s accident. If you have questions about the statute of limitations or other legal issues, don’t hesitate to call for a free consultation today.
Contact a Palatka Wrongful Death Lawyer for a Free Consultation
Did you lose a loved one in a tragic accident? You can trust an experienced Palatka wrongful death lawyer at Allen Law Firm, P.A. to help.
We’ve helped thousands of families recover fair compensation for their losses. To learn more about what we can do for your family, call our law offices today to schedule a free consultation.
If you’re outside of Palatka – we also have wrongful death attorneys in Gainesville, Lake City, Ocala, and near you.