Tallahassee Wrongful Death Lawyer

Our Compassionate Leon County Wrongful Death Attorney Can Help

Coping with the death of a loved one is a devastating process, and nothing can offset the pain of the loss. When a loved one has died because of someone else's wrongful actions, it may be appropriate for survivors to seek justice through a wrongful death claim. The Tallahassee wrongful death lawyers at Shapiro Law Firm, P.A. can help.

With decades of experience handling wrongful death cases in Tallahassee, our dedicated attorneys provide compassionate yet aggressive representation. We navigate the complexities of Florida law to ensure your family's rights are protected and justice is served.

Contact Shapiro Law Firm, P.A. by calling (850) 629-7226 today to get started with our wrongful death attorney in Tallahassee, FL.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim arises when a person dies as a result of the negligent or reckless conduct of another. This type of claim allows the people surviving the victim to seek compensation for lost wages, benefits, funeral expenses, and pain and suffering. Wrongful death claims can be critical in helping survivors provide for their financial futures.

These claims differ from other types of personal injury claims because the actual victim (the "decedent") is not bringing the claim; rather, it is the family members or the decedent's estate.

The damages recovered do not include those personal to the decedent, as the decedent is not allowed to recover for pain and suffering, mental distress, or any other compensatory damages unique to him or her. The purpose of a wrongful death claim is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. § 768.20.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, only the personal representative of the deceased person's estate can file a wrongful death claim. If there is no will, the court may appoint a personal representative to fulfill this role.

Who Is Eligible to Receive Compensation in a Wrongful Death Case?

Usually, immediate family members such as spouses and children file for wrongful death, as they are most affected by the loss of a family member and the financial support he or she provided. Parents often make these claims as well. 

In some cases, extended family members may also make a claim if they were economically impacted by the death. Our wrongful death attorneys in Tallahassee at Shapiro Law Firm, P.A. can help you determine who is entitled to file a claim for wrongful death.

Wrongful Death Compensation in Tallahassee

The person who receives wrongful death compensation varies from other types of personal injury cases in that the actual injured victim is not receiving the money. Instead, the family members or a representative of the decedent’s estate usually file the wrongful death claim and receive any compensation that is awarded. 

Compensation from a wrongful death suit may be used to defray any of the following costs:

• Lost income
• Medical expenses
• Funeral costs
• Ongoing bills
• Loss of emotional support
• Loss of companionship
• And more

In certain cases involving gross negligence or intentional misconduct, punitive damages may be awarded. 

Understanding Comparative Negligence

In the process of filing a wrongful death claim, it's also important to consider how Florida laws affect depictions of liability and compensation. Florida follows the comparative negligence rule, meaning the degree of fault assigned to the decedent or other parties can influence the settlement. 

The decedent's negligence will be assigned to the plaintiff, reducing or barring the plaintiff's recovery on behalf of the estate to the extent that the decedent's negligence was a proximate cause of his or her own death. Perdue v. Copeland, 220 So. 2d 617 (Fla. 1969).

If a survivor is found to be negligent, the non-negligent survivor's recovery cannot be reduced due to another survivor's negligence. Frazier v. Metropolitan Dade County, 701 So. 2d 418, 420 (Fla. 3d DCA 1997).

Why Choose Shapiro Law Firm, P.A. After a Tallahassee Wrongful Death?

After a fatal accident, families in Tallahassee are often unsure where to turn or what steps to take next. A wrongful death attorney can guide you through each stage of the process, from opening the estate to gathering the evidence needed to support your claim. 

Other reasons to choose our team include:

1. Proven Track Record in Wrongful Death Claims: Our Tallahassee wrongful death attorneys have a history of handling these claims with dedication.
2. Personalized Attention: We treat every case with the unique care it deserves, working closely with families to understand their specific needs and goals.
3. No Upfront Fees: We operate on a contingency fee basis, meaning you pay nothing unless we achieve a favorable outcome for your case.
4. Relentless Advocacy: We are dedicated to holding negligent parties accountable and securing deserved compensation.

We also help you understand how Florida's wrongful death laws apply to your specific circumstances, including which family members may recover damages and how claims are presented in court. We aim to reduce the burden on your family so you can focus on grieving and healing while we pursue accountability on your behalf.

Contact Our Tallahassee Wrongful Death Lawyer for Assistance

If a loved one has died due to the negligence or recklessness of another, you may be entitled to compensation. You don't have to go through this alone; our wrongful death attorneys in Tallahassee are here to help! At our firm, we understand the profound impact a wrongful death can have on families and are committed to seeking justice and compensation for those left behind.

Contact our Tallahassee wrongful death attorney at (850) 629-7226 today. We have the tools you need to succeed.

Wrongful Death Claims FAQs

Is There a Time Limit to File a Wrongful Death Claim in Florida?

Yes, the statute of limitations for filing a wrongful death claim in Florida is typically two years from the date of death. However, there are exceptions, so it's important to consult an attorney as soon as possible.

What Is the Role of the Personal Representative in a Wrongful Death Claim?

The personal representative, often named in the deceased's will or appointed by the court, acts on behalf of the estate and surviving family members to file the claim and distribute any awarded compensation.

What Are Common Causes of Wrongful Death?

Unfortunately, wrongful death can occur in a variety of personal injury accidents. It is common in car crashes, on-the-job injuries, medical malpractice, and many other situations. If your family member was killed due to the wrongful actions of another person or business entity, make sure you contact a lawyer today so you can get the wrongful death compensation you deserve.

How Is Compensation Distributed Among Surviving Family Members?

The court determines the distribution based on the relationship and financial dependency of each family member on the deceased.

To learn more about the wrongful death litigation process or to receive a FREE consultation with an experienced Tallahassee wrongful death attorney, call (850) 629-7226 now.