We understand the difficulties our clients confront after the death of a loved one. Our Brandon personal injury attorneys and legal experts will fight by your side with compassion and skill, taking on the responsible parties, insurance companies, and legal system to get you the outcome you deserve.
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A wrongful death—that is, one caused by the carelessness or intentional misconduct of another—can force horrendous changes in your life.
Whether the wrongful death was part of a car accident, medical malpractice, or intentional criminal conduct, let Boohoff Law’s team of experienced Brandon wrongful death attorneys seek relief for your losses. We will stand with you throughout this potentially painful process and take on those who caused your loved one’s passing.
Boohoff Law’s wrongful death attorneys in Brandon are skilled at fighting with insurance companies that refuse to acknowledge the pain their customers caused and getting them to pay the financial compensation our clients need to put their lives back together.
Call us now. Let us deal with your case and obtain the compensation you need.
In Florida, wrongful death occurs when an individual dies due to another’s negligence, wrongful act, or a violation of a contract or warranty.
To claim wrongful death, the personal representative must prove:
The complaint must explicitly identify all potential beneficiaries, including the estate, and the relationship of each to the decedent.
Only certain individuals can benefit from a suit for wrongful death in Florida. The personal representative of the decedent’s estate can file suit on behalf of the beneficiaries and on behalf of the decedent’s survivors, who may be the same people. Generally, survivors are entitled to more damages than beneficiaries of the estate.
Under Florida’s wrongful death statute, survivors are: defined as
It’s easy enough to say that survivors can recover damages for this or that, but sometimes it helps to explain what those terms mean.
Let’s look at some of them.
Parents may not recover damages for pain and suffering if the deceased child is over the age of 25 unless there are no other survivors. If medical malpractice is the cause of the wrongful death, a court will not grant pain and suffering damages.
Wrongful death arises in many of the same circumstances as personal injury cases.
Among the more common causes of wrongful death are:
Experienced wrongful death lawyers like those at Boohoff Law can help you evaluate your case to determine whether the cause of death of your loved one will support a viable wrongful death case. Let us help you find the way toward a successful resolution of your case.
When a loved one dies, especially for reasons that make no sense, the survivors struggle to deal with their anguish and the monumental changes in their lives.
Don’t try to navigate the complexities of the wrongful death statutes and the intricacies of negotiating with insurance companies on your own. Let the attorneys at Boohoff Law stand beside you to advocate for the damages you need and deserve from the wrongful death of your loved one.
Contact us online today or call (813) 321-7878 for a no-cost initial consultation and case evaluation. Let us help you shoulder the burden of survival and get the financial recovery that will let you move on with your life.
Generally, to recover for wrongful death, the personal representative must file within two years of the date of death for the decedent. There are, however, some exceptions.
If you base the wrongful death case on medical malpractice, the plaintiff must file within two years after they or someone should have discovered the malpractice. They cannot file more than four years after the injury. Thus, for a med-mal case, you may have a longer statute of limitations.
A wrongful death case against a state or governmental entity must commence within four years. Please call us today if your case involves the government because those cases come with other restrictions.
Finally, if one of the defendants in a wrongful death case dies, you must file a motion seeking to substitute that individual’s personal representative for the original defendant within 90 days of the death. Failure to do this on time can end your case forever.
As you can see, the tricky nature of the statute of limitations in a wrongful death case is yet one more reason why working with experienced wrongful death counsel like those at Boohoff Law can significantly help the progress of your case.
Under Florida law, the personal representative has a legal duty to pay the proceeds to the various survivors fairly and equitably. Many lawyers recommend that the personal representative seek court approval of all distributions to survivors and the estate. This will help prevent fights over who got what.
Boohoff Law’s knowledgeable wrongful death attorneys will work with you regarding the makeup of the settlement distribution and the process of getting court approval of your suggested distributions.
You can afford ours. The wrongful death attorneys at Boohoff Law handle all of our cases on a contingency fee basis.
Instead of an hourly fee, your attorney will receive a percentage of your final award. The attorney will also pay all of the court costs and other expenses upfront, and the eventual handling of these must also be in your contingency fee agreement.
Finally, the contingency fee agreement will provide that your attorney will only collect payment in the event of a successful outcome of your case. The agreement will define the successful outcome and may set different payment amounts depending on the point in the case’s life history that it reaches its conclusion or any award granted.
Car accidents are a major source of wrongful death claims. Many of these car accidents come out of a few common circumstances.
Some of the more common causes of accidents are:
All of these accident causes have increased recently and contributed to the rise in traffic fatalities.
As noted above, Florida recognizes that either negligent or intentional conduct can be the basis for a wrongful death case. Murder meets all the elements of wrongful death if the victim dies from the intentional action and the victim’s survivors suffer financial damage as a result.
Remember the differences between a criminal case and a civil wrongful death case. The state brings criminal cases that punish the at-fault party. The personal representative of the victim’s estate brings the civil case, seeking financial compensation from the at-fault party.
150 E. Bloomingdale Avenue
Brandon, FL 33511