A Weston Wrongful Death Attorney at Justin Morgan Law Explains Wrongful Death Actions

In Florida, under Fla. Stat. § 768.19, a wrongful death claim may arise when a person dies due to the legal fault of another party, including as a result of a negligence-based incident (such as a car accident),  a defective product, or an intentional act (including a crime). A wrongful death case is like a personal injury case, except the result is death. At Justin Morgan Law, we understand that legal issues are difficult in wrongful death claims and require a skilled trial attorney with compassion, respect, and understanding, such as a Weston wrongful death lawyer at Justin Morgan Law. When a loved one has died as a result of someone else’s wrongful act, the family deserves to know exactly what happened. We regularly handle wrongful death actions and understand your need for timely updates on your case.

Who Can File a Wrongful Death Claim in Florida?

In Florida, under Fla. Stat. § 768. 20, only the personal representative, also known as the “executor,” of the deceased person’s estate is allowed to file a wrongful death claim. The personal representative is acting on behalf of the estate and any surviving family members.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

Like most lawsuits, wrongful death claims must be filed within a certain period of time, under Fla. Stat. § 95.11(4)(d), the time limit in Florida for most wrongful death lawsuits is two years from the date of the person’s death. If a lawsuit is not filed before that deadline passes, it will likely be time-barred.

Nonetheless, a Weston wrongful death attorney at Justin Morgan Law would recommend filing as soon as possible for other reasons as well: evidence goes stale or is “lost,” witnesses have an increasing difficulty remembering what may be critical facts, and the liable party’s attorney has more time to prepare their best strategy. Our best strategy is usually to hit them hard and fast, thereby gaining the momentum and forcing them to play catchup, which they may not be prepared for. If you’ve lost a loved one, we’ll fight for you with ruthless efficiency.

What if There’s a Criminal Case Against the Person at Fault?

In a wrongful death case, the defendant may be charged criminally, usually for some type of manslaughter or even murder. The two types of cases are not always prosecuted simultaneously; sometimes, the civil action moves ahead of the criminal action, and visa-versa. A Weston wrongful death lawyer at Justin Morgan Law can help you navigate the complex rules and suggest strategies accordingly. The good news is that criminal prosecutors and judges are generally sympathetic to the plaintiff’s need for financial compensation and may do anything they can to help the plaintiff out. There are stories in civil legal circles of prosecutors sharing critical evidence and judges diverting criminal fines to the civil plaintiff.

What Kinds of Damages May be Available in Florida Wrongful Death Cases?

There is simply no amount of money that is adequate to replace the loss of a loved one. Nonetheless, under Fla. Stat. § 768.21, damages in a successful wrongful death claim may include:

  • The loss of the support and services the deceased person provided to family members.
  • the loss of the deceased person’s companionship and protection.
  • Mental pain and suffering.
  • The loss of parental companionship, instruction, and guidance.
  • Medical and funeral expenses paid by a surviving family member.

The deceased person’s estate may also recover certain types of damages, including:

  • Lost wages, benefits, and other earnings from the date of the person’s injury to the date of their death,
  • The value of earnings and benefits the deceased person could reasonably have been expected to retain as savings and leave as part of the estate if they had lived, and
  • Medical and funeral expenses paid directly by the estate.

How Can A Weston Wrongful Death Attorney at Justin Morgan Law Help Me if I’ve Lost a Loved One?

At Justin Morgan Law, we represent only clients and their families who have suffered an injury or death as a result of another person or business entity’s fault. We will not represent insurance companies.

Consequently, we can devote all of our skills, knowledge of the law, and experience to you, the client. Wrongful death claims are particularly troublesome, as we can feel your grief and pain and will do anything in our power to punish defendants who have displayed such callous disregard for the consequences of their actions. We’ll treat you with respect, compassion, and kindness, and like family. Your case becomes our case, and we’ll be on your side only.

A Weston wrongful death attorney at Justin Morgan Law will take your legal worries off of your hands. We’ll fight relentlessly for you to obtain the maximum financial compensation allowed by law.

Contact A Weston Wrongful Death Lawyer at Justin Morgan Law Today

Do not hesitate to contact us because there are time limits for filing a claim. We’ll handle all of your legal and insurance issues and fight to deliver the best possible results for you. There is no cost, risk, or obligation for you. We offer free consultations and will not charge you fees or costs unless we recover money for you. We are multilingual, and although most of our clients come from the tri-county South Florida area, we do regularly represent clients throughout the state of Florida.