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What Are Some Elements Relating to a Wrongful Death Case in Florida?
Should I Consult a Fatal Crash Lawyer After Losing a Family Member?
If your family has lost a loved one due to another party’s negligence or wrongful conduct, consulting with a Fatal Crash Lawyer in Port Orange, Florida can help you understand whether a wrongful death claim may be available and what it could mean for your family.
A wrongful death claim cannot undo the loss your family has suffered, but it can provide financial support during a difficult time and hold the responsible party accountable for their actions. Common situations that give rise to wrongful death claims in Florida include:
- Fatal car, truck, or motorcycle accidents caused by a negligent driver
- Deaths caused by medical malpractice or negligent medical care
- Fatal premises liability incidents (unsafe property conditions)
- Deaths caused by defective products
- Fatal workplace accidents
- Deaths caused by criminal acts where civil liability also applies
If your family is in this situation, speaking with a Fatal Crash Lawyer in Port Orange, Florida is an important first step toward understanding your options.
What To Do After Losing a Loved One Due to Negligence
If you believe your family member’s death was caused by another party’s negligence, here are some important steps to take:
- Preserve Any Available Evidence – If possible, preserve any evidence related to the incident — photographs, documents, communications, or physical items. Evidence can be lost or destroyed over time.
- Obtain Copies of Relevant Records – Request copies of any police reports, incident reports, medical records, and death certificates. These documents will be important to your case.
- Avoid Signing Anything from an Insurance Company – If an insurance company contacts you and asks you to sign a release or accept a settlement, do not do so without first consulting a Fatal Crash Lawyer. Early settlement offers are often far below what a family may be entitled to.
- Contact Pardy & Rodriguez, P.A. – Time is a factor in wrongful death cases. Contact our office as soon as possible to schedule a consultation and protect your family’s legal rights.
Florida Statute of Limitations for Wrongful Death Claims
Under Florida Statute 95.11, a wrongful death claim must generally be filed within two years of the date of death. Missing this deadline can permanently bar the estate and surviving family members from pursuing a claim.
There are limited exceptions in certain circumstances, but these are narrow. Do not assume that an exception applies to your situation without consulting a Fatal Crash Lawyer in Port Orange, Florida.
Who Can File a Wrongful Death Claim in Florida?
Under Florida’s Wrongful Death Act, a wrongful death claim is filed by the personal representative of the deceased person’s estate on behalf of the estate and the surviving family members. Eligible survivors who may recover damages include:
- The surviving spouse
- Children of the deceased (including minor children and, in some cases, adult children)
- Parents of the deceased (in certain circumstances)
- Any blood relative or adoptive sibling who was dependent on the deceased for support or services
The specific damages available to each survivor depend on their relationship to the deceased and the circumstances of the case. A Fatal Crash Lawyer in Port Orange, Florida can explain how Florida’s wrongful death statutes apply to your family’s situation.
Types of Wrongful Death Cases We Handle in Port Orange, Florida
Our attorneys represent families in wrongful death cases arising from a wide range of circumstances, including:
- Fatal car accidents caused by negligent drivers
- Fatal truck and commercial vehicle accidents
- Fatal motorcycle accidents
- Deaths caused by medical malpractice
- Fatal slip and fall accidents on unsafe property
- Deaths caused by defective products
- Fatal pedestrian and bicycle accidents
- Deaths caused by negligent security
- Fatal workplace accidents (in non-workers’ compensation contexts)
- Deaths caused by drunk or impaired drivers
Compensation Available Under Florida’s Wrongful Death Act
Florida’s Wrongful Death Act allows eligible survivors and the estate to seek compensation for a range of losses, which may include:
- For Surviving Spouse:
- Loss of the deceased’s support and services
- Companionship and protection
- Mental pain and suffering
- For Minor Children:
- Loss of parental companionship, instruction, and guidance
- Mental pain and suffering
- Lost support and services
- For Adult Children (in certain circumstances): Mental pain and suffering (if there is no surviving spouse)
- For Parents of a Deceased Minor: Mental pain and suffering
- For the Estate:
- Medical and funeral expenses
- Lost earnings and benefits the deceased would have earned
- Loss of net accumulations (the portion of the estate the deceased would have accumulated but for the death)
Our attorneys will evaluate all available categories of compensation and pursue the full recovery your family may be entitled to under Florida law.
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Frequently Asked Questions
- How long do I have to file a wrongful death claim in Port Orange, Florida?
Under Florida law, a wrongful death claim must generally be filed within two years of the date of death. Contact a Fatal Crash Lawyer as soon as possible to confirm the deadlines that apply to your family’s situation.
- Who is the personal representative of the estate?
The personal representative is the individual authorized to manage the deceased’s estate and file the wrongful death claim on behalf of the estate and surviving family members. This is often a surviving spouse or adult child, or a person named in the deceased’s will. A Fatal Crash Lawyer can advise you on this process.
- Can we file a wrongful death claim if the at-fault party was also charged criminally?
Yes. A wrongful death civil claim is separate from any criminal proceedings. The outcome of a criminal case does not determine the outcome of a civil wrongful death claim, and the two processes can proceed simultaneously.
- What does it cost to hire a Fatal Crash Lawyer?
Pardy & Rodriguez, P.A. handles wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family.
- How long does a wrongful death case take?
The timeline varies depending on the complexity of the case, the number of parties involved, and whether the case resolves through settlement or proceeds to trial. A Fatal Crash Lawyer in Port Orange, Florida can give you a realistic assessment of the timeline based on the specific facts of your case.
Call for the Legal Representation You Need
If your family has lost a loved one due to someone else’s negligence in Port Orange, Florida, you need answers, and you need representation. Pardy & Rodriguez, P.A. is here to help your family understand your legal options and pursue the accountability and compensation available under Florida law.
Contact us today to schedule a consultation. There is no fee unless we recover for you.
Next Steps
If you are searching for a Fatal Crash Lawyer in Port Orange, Florida, contact our office to speak with a member of our legal team. We will listen to your family’s situation, answer your questions, and explain what options may be available to you.
We serve clients throughout Port Orange, Florida and the surrounding areas of Central Florida, with offices in Orlando, Kissimmee, Poinciana, Davenport, Bradenton, Temple Terrace, and Deltona.