Florida Wrongful Death Attorney

In many unfortunate cases, personal injury can be severe and result in death. Negligent parties involved must be held responsible for their actions.

Whether your loved one lost their life in an automobile accident, through medical neglect or any injury related incident, you have the right to seek compensation for the trauma, suffering, emotional and financial loss you must endure as a result of someone else's negligence.

Wrongful death is defined as a death caused by the misconduct of another single person, persons or company. It can be an act of momentary negligence or carelessness, or an intentional or reckless act. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct.

In Florida, it is the responsibility of the Personal Representative of the Estate of the deceased to bring any claim and assure that the interests of each survivor are protected. The Personal Representative is most commonly a spouse or parent of the deceased. In less common situations where no Estate is needed for probate purposes, it is necessary to open an Estate to accomplish the appointment of a Personal Representative.

There are many unique issues that may arise concerning a claim for Wrongful Death:

It is obviously necessary to prove that the death was caused by the misconduct of another person or company. This can be complicated at times when other potential causes are present. An example would be the seriously ill person who is given improper medication in the hospital. In that circumstance, the defense would likely be that the death was really just the natural progression of the underlying disease or condition.
It is always necessary to prove the life expectancy of the deceased in order to determine what the future losses would be. This is not a major problem when the deceased was in perfect health at the time of the misconduct. But, it becomes complicated when the deceased had a life-threatening or life-shortening disease or condition.
It is likewise necessary to prove the life expectancy of each survivor or beneficiary. After all, the future relationship would only have existed during the period of the predicted joint life expectancy of the deceased and the survivor.
The nature of the relationship between the deceased and the survivor, in all of its relevant aspects, must be fully developed and presented. Sometimes the relationship is almost storybook perfect and sometimes it is quite different. In either event, it needs to be understood and documented in order to support the individual claim of the survivor.
Much of the true loss in a wrongful death claim is non-economic or emotional in nature. This requires special skills and care in the development of the proof and in its presentation. It is a matter quite different from just permitting an injured person to describe his or her back pain.
It is mandatory that each survivor's claims be developed and presented fairly without favoring or appearing to favor one survivor over another. This is especially true in those situations where, for example, the widow is the Personal Representative of the Estate of the deceased with the responsibility to present a claim on her own behalf and another claim on behalf of a stepchild. There are many other situations that require a special effort be made to assure a fair process at every step of the claim for each survivor.

An experienced attorney will understand and confront in making a claim for a wrongful death. Selecting a well-qualified attorney with significant experience in wrongful death claims, negotiation, and litigation is an important decision that should not be taken lightly.

The Law Office of Paul B. Genet, P.A. is experienced in fighting for the rights of family members in wrongful death cases. If you've suffered the loss of a family member or if you have more questions, contact one of our attorneys for a FREE CONSULTATION using the form below or by calling 1 (888) 77-GENET.

I understand that in visiting this site I am not entering into an attorney client relationship with Paul B. Genet or Stephen Haskins. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.