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Wrongful Death Lawyers
As the central community in Volusia County, the city of DeLand, FL, has much to offer both residents and visitors. DeLand provides affordability, beautiful weather, and access to idyllic beaches.
But with more than 33,000 Floridians calling DeLand home, accidents and injuries are inevitable. Some of the most common types of accidents include motor vehicle collisions, slip and falls, medical malpractice, and more.
Some accidents and injuries are unavoidable. However, others result from a lack of care on the part of another person.
When someone’s negligence causes an injury, the responsible party can be held legally accountable through a tort claim. But what happens when the resulting injury is fatal?
Many people are unsure what to do in the aftermath of losing a loved one in an accident. If a family member passed away due to another party’s negligent behavior, you deserve justice.
In situations like these, it is critical to reach out to DeLand, FL, wrongful death lawyers. The wrongful death attorneys at the firm of Morgan and Morgan have decades of litigation experience.
Our sterling track record is why our clients trust us with their most important cases. Your family should not have to bear the financial and personal burdens from the harm that another person caused.
When you reach out to the team at Morgan and Morgan, we will carefully review the facts of your situation. If possible, we will help you pursue a wrongful death claim for the damages you have experienced.
Do not wait. To speak with the premier DeLand, FL, wrongful death lawyers, fill out the contact form on the Morgan and Morgan website now. We will happily provide you with a no-cost consultation to discuss the facts of your case.
Understanding Wrongful Death Cases in Florida
In the state of Florida, when a person’s actions cause a death, they can be held financially responsible through a civil legal claim. This is known as a “wrongful death” suit.
The decedent’s estate holder has the legal right to pursue financial compensation for any costs and losses resulting from the victim’s death. According to state law, a wrongful death happens when a victim dies because of a “wrongful act, negligence, default, or breach of contract or warranty” (Fla. Stat. § 768.19).
Wrongful deaths can result from many different types of accidents and injuries. They can also be caused by the at-fault party’s intentional actions.
Some of the most common causes of wrongful deaths include:
- Negligence resulting in a mishap–such as a traffic collision
- Medical negligence or malpractice–such as a misdiagnosis
- Injuries caused by faulty or defective consumer products
- Intentionally harmful actions–including assault and battery
If you have lost someone you love as the result of any of these situations, do not hesitate to contact seasoned DeLand, FL, wrongful death lawyers. The legal specialists at Morgan and Morgan know what it takes to successfully fight for victims' families.
Morgan & Morgan
Who Can File a Wrongful Death Lawsuit in DeLand, Florida?
In many states, the relatives of a decedent have the legal option to file a wrongful death claim. However, Florida state law works differently.
In the state of Florida, wrongful death claims must be filed by the deceased person’s executor. The term “executor” refers to the representative of the decedent’s estate.
In some cases, the victim’s executor is a spouse or relative. But this is not always the case, and being a family member is not sufficient grounds to file a wrongful death lawsuit.
The executor of the victim’s estate can file a lawsuit on behalf of the victim and their surviving family. When filing a Florida wrongful death suit, the victim’s representative must provide a list of the relevant beneficiaries to the decedent.
If you are wondering if you have the right to pursue damages, it is important to speak with the skilled DeLand, FL, wrongful death lawyers at Morgan & Morgan. Our knowledgeable legal specialists will help you determine the best way forward following the death of a loved one.
What Are Common Damages in Florida Wrongful Death Claims?
When a loved one has died because of the actions of another party, their family’s grief is immeasurable. No amount of financial recovery will ever be able to make up for the absence of the victim.
Beyond the obvious emotional and psychological harm that the grieving family experiences, wrongful deaths also result in financial expenses. Through a wrongful death lawsuit, the victim’s survivors can secure compensation for their emotional and financial losses.
The term for financial payments in a Florida wrongful death claim is “damages.” Accomplished DeLand, FL, wrongful death lawyers can review the facts of your case to help you determine the types and amount of damages that you can claim.
There are two primary categories of potential damages in Florida wrongful death suits. The first category is financial recovery awarded to the family of the victim. The second is damages awarded to the victim’s estate.
Monetary payments to the surviving family of the decedent may include compensation for:
- The family’s loss of services and support from the victim
- Mental anguish and suffering caused by the death
- The loss of parental instruction and guidance from the decedent
- Medical debt or expenses incurred by a family member
- Funeral and burial expenses paid by a family member
- The loss of relationship or consortium
The estate of the decedent may also pursue financial recovery. Some of the types of damages that the estate may seek include:
- Lost income from the dates between the injury and death
- Lost benefits between the date of the injury and death
- Lost income for the decedent’s expected average lifespan
- Medical debt and expenses paid by the estate
- Funeral and burial costs paid for by the estate
These are only a few examples of the types of financial compensation that can be recovered through a successful wrongful death claim. Speak with one of the accomplished legal specialists at Morgan & Morgan to determine the appropriate value of damages in your case.
Which Parties Can Recover Damages in Wrongful Death Claims?
To decide the types of financial compensation that are relevant in a given case, Florida civil courts will examine the circumstances surrounding the victim’s death. They will also consider the decedent’s familial and personal relationships.
In most instances, family-related damages can be awarded to the following:
The victim’s surviving spouse may be able to claim financial compensation for the loss of the victim’s companionship. They can also recover damages for the mental anguish, grief, stress, and trauma that they experienced as a result of the death.
If the victim has minor children, they may be entitled to damages following their parent’s death. Damages may be intended to compensate for the loss of parental guidance, support, and comfort.
If the decedent was a minor child, the parents of the victim might be able to recover damages. Typically, the parents of adult children are not entitled to financial compensation for their trauma, stress, and mental anguish.
In most wrongful death cases, the claimants can pursue compensation for their financial and emotional losses. But in rare instances, the plaintiff in a wrongful death lawsuit may be awarded punitive damages.
Unlike compensatory payments, punitive damages are not intended to make up for the losses that the plaintiff experienced. Instead, this type of financial recovery is meant to punish the party who is responsible for the victim’s death.
Punitive damages are only awarded by a jury or a judge in cases where the defendant engaged in particularly reckless or dangerous behavior. Because of this, punitive damages are very rare in wrongful death claims.
What Will DeLand, FL, Wrongful Death Lawyers Do for Me?
When you have lost a loved one, it is normal to feel completely overwhelmed by grief and other emotions. The death of a family member is one of the most difficult experiences that anyone can go through.
Because of this, grieving families deserve to focus on their own emotional and psychological healing. You should not be forced to handle the massive logistical complexities of a legal claim following such an immense loss.
When you reach out to the experienced legal team at the firm of Morgan & Morgan, we will handle every element of your wrongful death claim. This will allow you to prioritize your family’s well-being while pursuing the compensation you deserve.
Our accomplished DeLand wrongful death attorneys will oversee the following portions of your legal claim:
- Gathering relevant evidence regarding the death
- Determining which parties are legally liable
- Accurately calculating the value of your claim
- Discovering which laws and statutes are relevant in your case
- Consulting with expert witnesses, if necessary
- Speaking with witnesses of the inciting event
- Negotiating forcefully with the opposing party or counsel
- Filing a lawsuit if negotiations break down
- Completing and filing required legal paperwork
It is critical to secure reliable legal representation when you have lost someone in a wrongful death. Make sure to reach out to the skilled tort attorneys at Morgan & Morgan to hold negligent parties accountable for the harm they have caused.
How Does Morgan & Morgan Handle Attorneys’ Fees?
Like most trustworthy tort law firms, the lawyers at Morgan & Morgan are compensated using contingency fees. With this approach to payment, our clients are not responsible for any costs unless their cases are successful.
When you hire one of the specialists at Morgan & Morgan, we will agree to represent you for a specific percentage of the recovery in your case. This percentage will vary depending on the specific factors of the claim.
Contingency fees allow tort victims to pursue the compensation they deserve regardless of their financial circumstances. When you hire the team at our firm, you will not pay a single dime unless we successfully negotiate or win your case.
How Long Do I Have to File a Wrongful Death Claim in Florida?
Each state sets specific time limits for filing various types of legal claims. This legally-mandated time limit is called a “statute of limitations.”
Failing to begin the process of pursuing a lawsuit before the statute of limitations has expired will cause your case to be dismissed. For this reason, it is vital to contact a knowledgeable attorney as soon as possible.
Under Florida state law, the executors of victims’ estates must file a legal claim within two years of the person’s death. There are some rare exceptions to this rule.
If you have lost someone because another party was reckless or careless, DeLand tort lawyers at Morgan & Morgan can help. We will ensure that all of the relevant paperwork and documents are submitted in time to effectively pursue the compensation that your family needs to move forward.
Contact Morgan & Morgan for Representation in DeLand
When your family has lost someone because another person was negligent, you may be able to recover significant financial compensation. Fortunately, the team at Morgan & Morgan has plenty of experience representing the families of wrongful death victims in Florida.
Since our firm’s founding in 1988, our attorneys have built a long track record of success. Our legal team has recovered more than ten billion dollars for our clients as the result of over a million successful cases.
Let our friendly staff arrange a no-cost consultation for you. Schedule a free meeting with our team by filling out the online contact form on the Morgan & Morgan website now!