Starke Wrongful Death Lawyer
Have you lost a loved one in Starke, FL? If your loved one’s death was caused by someone else’s negligence or intentional wrongdoing, you may be entitled to file a wrongful death lawsuit. This type of claim allows you to hold the responsible party accountable and reduces the financial burden your family will face after your loss.
Allen Law Firm, P.A. has represented families in wrongful death cases since 2007. We’ve recovered millions of dollars to date. Contact our law office for a free consultation with a Starke wrongful death lawyer who can help you seek a sense of justice.
How Allen Law Firm, P.A. Can Help You After the Wrongful Death of a Loved One
When you suffer the unexpected and tragic loss of a loved one, you may be unsure where to turn. Your family deserves time to grieve, but you may struggle financially due to the loss of your loved one’s income and contributions. An experienced Starke personal injury lawyer can help you seek the compensation your family needs and hold the responsible party accountable for your loss.
At Allen Law Firm, P.A., we are prepared to handle your wrongful death claim from beginning to end and allow you to focus on your family. Our firm was recently recognized as one of the “10 Best Law Firms for Client Satisfaction.” This award is presented to just ten attorneys in each state.
When you choose our law office to help you after your loved one’s death, we will:
- Guide you through every step of your case and offer sound legal advice
- Perform a thorough investigation into your loved one’s accident to gather evidence
- Identify all sources of compensation to hold the responsible parties accountable
- Work with leading experts to strengthen your case and value the damages your family has suffered
- Negotiate on your behalf to pursue the full compensation you deserve
Contact Allen Law Firm, P.A. today for a free case review with a Starke wrongful death attorney ready to help your family.
What is a Wrongful Death in Florida?
Under Florida law, a wrongful death occurs when someone dies due to another’s reckless, careless, negligent, or intentional behavior. Put simply, a wrongful death is one that could have been avoided if the at-fault party exercised reasonable care. You may be entitled to bring a wrongful death action if your loved one could have pursued compensation through a personal injury lawsuit if they survived.
Most wrongful death cases in Florida are related to auto accidents. However, they can also be related to negligent medical care, premises liability, work-related accidents, and crime.
Wrongful death cases are separate from any criminal charges the at-fault party may face. Consequently, you can file a civil lawsuit for damages regardless of whether the responsible party faces prosecution.
Who Can File a Wrongful Death Claim in Starke, FL?
In many states, surviving family members have the right to file a wrongful death case. In Florida, only the personal representative of the decedent’s estate may bring a wrongful death action.
If your loved one died with a will, the personal representative should have been named in the document. When someone dies without a will, the probate court will assign a personal representative for the estate. In both cases, it is usually a surviving family member, such as a spouse or child, who serves as the personal representative.
The personal representative may file the wrongful death claim on behalf of the estate and its beneficiaries. This includes beneficiaries named in the will or beneficiaries under Florida intestate succession laws.
How Much is My Wrongful Death Case Worth?
The value of your wrongful death case depends on many factors, including:
- the services and support your loved one provided,
- the circumstances of their accident,
- the anticipated income and services they would have provided in the future,
- Whether your loved one contributed to their accident,
- the amount of insurance coverage available, and
- and the strength of your case
There is no way to put a value on your loved one’s life. Many of the damages you suffered are highly subjective and personal. To recover maximum compensation, your lawyer will work with experts and present a compelling case detailing the support, services, guidance, and care your loved one provided.
The best way to determine how much your case is worth is through a free consultation. Contact the Starke personal injury lawyers at Allen Law Firm, P.A. today for a free case review to discuss your case.
Types of Wrongful Death Cases We Handle
The Allen Law Firm, P.A. represents families in all types of wrongful death cases, including deaths related to accidents, dangerous products, and crime.
Contact our law office if you have lost a loved one due to any of the following.
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Boat accidents
- Workplace accidents
- Construction accidents
- Nursing home abuse and neglect
- Premises liability accidents, including swimming pool and slip and fall accidents
- Defective products
- Medical malpractice
Under Florida law, your loved one’s right to seek financial compensation for their accident did not die with them. Surviving family members have the right to hold responsible parties accountable when their negligence causes someone else’s death.
Contact our law office today for a free consultation to discuss your case and how we can help you.
What Damages Are Available in a Wrongful Death Claim in Florida?
In many ways, a wrongful death case is similar to any other personal injury case. One of the biggest differences is the types of damages available in a wrongful death action.
Florida wrongful death law divides damages into two broad categories: damages claimed by the estate and damages claimed by surviving family members.
Damages Available to Surviving Family Members
Wrongful death damages depend on the relationship between the survivor and the decedent.
Family members may seek the following types of damages:
- Pain and suffering and emotional distress. The surviving spouse and children under 25 are eligible for pain and suffering damages. Adult children 25 and older can only seek these damages if there is no surviving spouse. If there are no minor children or a spouse, surviving parents may seek pain and suffering damages.
- Loss of companionship, protection, and support. These damages are available to a surviving spouse and minor children. Adult children may seek damages if there is no surviving spouse.
- Loss of support and services. Surviving family members are entitled to compensation for the loss of contributions the decedent would have provided. This can include labor, property, and money. Damages depend on the services and support the decedent provided to each family member.
- Funeral expenses and medical bills. These damages can be sought by family members who personally paid for these expenses.
In rare cases, surviving family members may be awarded punitive damages for the loss of a loved one. These damages are designed to punish the defendant and may be appropriate if gross negligence or intentional misconduct caused the wrongful death. Punitive damages are usually capped at three times the compensatory damages each claimant is awarded, or $500,000. However, this cap can be lifted if the defendant intentionally caused your loved one harm.
Damages Available to the Decedent’s Estate
The decedent’s estate is entitled to seek compensation for certain damages, including lost earnings and lost accumulation of value. A financial expert is usually required to determine the value of these damages. The decedent’s job history, life expectancy, general health before death, and earning capacity all influence these damages.
How Wrongful Death Damages Are Paid
If you recover a settlement or jury award for a wrongful death in Florida, the compensation must be distributed equally among beneficiaries. However, courts usually honor agreements between adult beneficiaries to deviate from this rule.
Attorney’s fees will be deducted from the awards for the estate and survivors. If there are liens against the estate, they will only be paid from the compensation awarded to the estate, not family members.
If you have lost a loved one in an accident, it’s crucial to consult with a Starke personal injury attorney to discuss your legal options. Allen Law Firm, P.A. will help you explore the damages you may seek from the responsible party.
How Long Do I Have to File a Wrongful Death Lawsuit in Starke, Florida?
You have a limited amount of time to file a wrongful death lawsuit after your loved one’s death. The Florida statute of limitations for wrongful death actions is just two years. This deadline starts from the moment your loved one dies.
It’s crucial to pursue a wrongful death action as soon as possible. If you miss this deadline, your family will lose the right to recover compensation for your loss. The sooner you pursue your case, the easier it will be to investigate your loved one’s accident and prove your case.
Contact a wrongful death lawyer in Starke, FL, as soon as possible to begin building your case. At the Allen Law Firm, P.A., we will put our resources to work on your case right away while your family focuses on grieving and moving forward.
Contact a Starke Wrongful Death Lawyer for a Free Consultation
Have you suffered the avoidable loss of a loved one due to someone else’s misconduct or negligence? Money cannot bring your loved one back, but it can protect your family’s financial future and hold the responsible party accountable.
Contact the Allen Law Firm, P.A. today for a free consultation with a Starke wrongful death lawyer. We will help you recover money for your loss with no out-of-pocket attorney’s fees.