Fort Walton Beach Wrongful Death Lawyer

If a spouse, child, or parent was fatally injured due to someone’s negligence or wrongful act, then you might have a wrongful death claim under Florida law.

Wrongful death cases can arise from:

• Car accidents
• Boating accidents
• Slip and fall accidents
• Construction accidents
• Workplace accidents
• Defective products
• Nursing home abuse
• Dog bites
• Trucking accidents
• Bicycle and pedestrian accidents
• Uber/Lyft accidents
• Motorcycle accidents
• Medical malpractice
• And more

These cases can be extremely complicated. The best way to confirm whether you have a valid case is to consult a reputable Fort Walton Beach wrongful death attorney who has experience litigating these types of cases.

Each case is unique depending on the facts. We know you’d like more certainty right now. But what we can tell you is that we will fight tooth and nail to maximize your compensation.

It’s important to note that after a fatal accident in Fort Walton Beach, FL, there could be two separate causes of action available to you. They may both be combined in the same lawsuit.

Wrongful Death Action

This type of lawsuit compensates a surviving spouse, child, or parent of a victim to recover compensation for the loss they suffered as surviving family members of the decedent.

Survival Action

This cause of action allows the victim’s personal representative to seek compensation that would have been available to the victim in a personal injury lawsuit had they survived.

Which action might be available to you can be complex under Florida law. It’s in your best interest to consult an experienced Fort Walton Beach personal injury attorney to advise you on the best course of action in your situation.

Regardless of which action might be available to you, some general factors will affect the value of your claim.

Here are some of the more common ones:

• The type of accident
• The extent of the victim’s suffering
• The age of the victim at the time of the accident
• Extent of the victim’s family responsibilities and financial contributions
• Whether the victim was at fault for the accident
• The age and life expectancy of the survivors

The lifetime earnings expectancy of the victim at the time of death

In contrast to a typical personal injury case, the value of a wrongful death case is based primarily on future losses. We frequently use experts to help us get a realistic and comprehensive value. We know nothing can bring your loved one back, but substantial compensation can help you and your family maintain financial stability during this difficult time.

Generally, damages fall into two different categories—economic and non-economic. You might be pursuing both.

The specifics of your claim for damages will differ in a wrongful death and survival claim, but the general categories will be the same.

Damages in a Wrongful Death Action

Economic damages help compensate you for financial losses resulting from the death of your loved one.

Economic damages may account for:

• Future lost wages that the decedent would have earned
• Lost inheritance due to decedent’s shortened life
• Expenses to replace household/domestic services provided by the decedent

Non-economic damages can include:

• Mental and emotional distress
• Loss of companionship
• Loss of household support (such as help with childcare)

In rare cases, punitive damages may be available. These serve to punish the defendant for intentional or grossly negligent conduct rather than compensate you for your losses. If awarded, the amount can vary widely and is largely based on the general nature of the defendant’s egregious behavior.

Damages in a Survival Action

Remember, these damages are what the decedent would have been able to recover had they survived. These may be more extensive in cases where a victim was injured but did not pass away for some time.

Compensation may cover things like:

• Medical costs between the time of the accident or injury until the victim’s death
• Lost wages from the time of the accident until death
• Emotional trauma that the victim suffered as a result of the injury

We provide premier legal representation with a unique combination of compassion, small firm personal attention, extensive litigation experience, and former insurance defense experience. These benefits all weigh in your favor when helping you navigate the emotional yet high-stakes financial consequences of your wrongful death case.

Most likely. Under Florida’s modified comparative fault statute, as long as your loved one was not mostly at fault for their fatal accident, then you’ll still be able to recover some compensation.

If it’s determined that the decedent was partially at fault, the amount of compensation will be reduced by the proportion they were deemed to be at fault.

We’ll evaluate your case carefully and give you an honest assessment of whether you have a realistic chance of financial recovery. We know how difficult it is to go through this process and have to think about the circumstances surrounding your loved one’s death.

We treat your case with care and compassion every step of the way. And we’d never want to put you through unnecessary stress if we don’t believe you have a chance to win.

Negligence will most likely be the basis for your wrongful death case. This is the legal theory that holds people financially accountable for careless or reckless or even criminal behavior.

If someone you love was harmed in connection with a crime, you can pursue a civil case for damages.

To prove negligence, you must prove each of its four elements:

1. Duty: the defendant owed the victim a duty of care
2. Breach: the defendant breached that duty
3. Causation: the defendant’s breach of duty caused the victim’s death
4. Damages: you suffered damages as a result

This is the same basic legal theory used in personal injury cases. You must prove each element by a preponderance of the evidence.

Various forms of evidence might be used in your case. No two cases are alike. We make strategic decisions depending on the facts of your specific situation.

We may use:

• Eyewitness testimony
• Financial, medical, or economic expert testimony or reports
• Accident reports
• Maintenance reports
• Security or traffic camera footage

We stand ready to help you through what is very likely the toughest time in your life. You owe it to yourself and your family to have an experienced trial lawyer fighting for you. We believe in your case.

That’s why we advance all the costs for you so that you don’t have to worry that you can’t afford quality legal advice. We work on contingency fee basis, and if we don’t win, you don’t pay. Guaranteed.

You’ll have two years to file a wrongful death lawsuit. We know this can be a daunting process. But we’re here to help you every step of the way. It is easy to put things off when you’re grieving. But taking a step to pursue justice for your lost loved one can feel empowering.

Don’t risk missing this deadline. Call us today so that we can carry your burden and start fighting for you. Your initial consultation is completely free.