Homosassa Springs Wrongful Death Lawyer

A wrongful death occurs due to the negligence or intentional act of another party. For example, a drunk driver in Citrus County hits a pedestrian, or a person slips and falls on a slick surface in a restaurant and sustains a traumatic brain injury. At Kogan & DiSalvo, our team of Homosassa Springs wrongful death lawyers could help you navigate the legal process. We can explain the rights of the decedent’s estate and guide surviving family members through their legal options. Call today to schedule a free consultation.

Common Causes of Wrongful Death Claims in Florida

A wrongful death claim can arise from many types of negligence or intentional acts and include the following:

• Car accidents: The roads in Homosassa Springs and throughout Citrus County rank among the most dangerous in Florida. In the first four months of 2024 alone, there were 485 motor vehicle accidents in the county, including 12 that resulted in fatalities.
• Truck accidents: The sheer size of semi-trucks and other large commercial vehicles increases the severity of accident injuries. While many accidents result from negligence on the truck driver’s part, in some cases, the trucking company, a manufacturer of trucking components, or other parties may also be held liable in a wrongful death claim.
• Motorcycle accidents: The county had six fatal motorcycle accidents in 2023. Common causes include motorists who fail to yield, distracted or intoxicated drivers, unsafe lane changes, and not paying attention to blind spots.
• Bicycle accidents: 2023 saw 27 bicycle accidents in Citrus County, with two resulting in fatal injuries.
• Slip and fall accidents: A fall caused by a pothole, a spill on a supermarket floor, or other hazards can lead to fatal injuries.
• Pedestrian accidents: In Citrus County, four pedestrians died after being struck by motor vehicles in 2023. Adding more crosswalks and increasing the duration of walk signals are worthwhile initiatives, but motorists must also be more attentive to those traveling on foot.

No matter how your loved one died, our Homosassa Springs wrongful death attorneys are here to help you explore the legal options available to you. If you have a valid wrongful death case, we can offer the strong representation you need to achieve a favorable outcome.

Who Can File a Wrongful Death Claim in Citrus County?

In Florida, including Homosassa Springs, wrongful death claims are initiated by the personal representative of the decedent’s estate. Often, they are designated in the decedent’s will. If the decedent did not have a will, a personal representative would be appointed.

Potential beneficiaries in a wrongful death claim:

• A living spouse
• Children under 25
• Adult children if there is no living spouse
• Each parent of a deceased minor child
• Each parent of an adult child, if there are no other survivors
• Blood relatives who were at least partially dependent on the decedent

If you have lost a loved one and are unsure whether you have legal standing in a wrongful death claim, consult with an experienced Homosassa Springs wrongful death lawyer who can help you understand how the law applies in your situation.

Remember, the statute of limitations for most wrongful death claims in Florida is generally two years. However, there are exceptions, and potential plaintiffs who fail to file a claim promptly may lose their right to seek justice and recover any compensation whatsoever from the party responsible for their loved one’s death. Speaking with our attorneys as soon as possible could help ensure that a claim is filed in a timely manner.

Compensation in a Wrongful Death Claim

Our lawyers in Florida could help survivors or beneficiaries receive compensation for their economic and non-economic losses related to the death.

For example, a surviving spouse and a child under the age of 25 are generally eligible to recover for pain and suffering. However, an adult child can recover for these damages if there is no surviving spouse, except in medical malpractice claims. In addition, the surviving parents of the victim can also recover for these damages if there is no surviving spouse or minor children unless medical malpractice is the basis for the wrongful death claim.

Additional damages may also include:

• Loss of emotional support
• Loss of future income and financial support
• Loss of household services
• Loss of companionship
• Loss of consortium

On the other hand, the decedent’s estate may pursue compensation for various financial losses that the estate holder’s death has caused or will likely cause in the future. These may include loss of income between the date of the decedent’s injury and the date of their death, any medical or funeral expenses the decedent paid out of their own estate, and loss of future appreciation of certain assets and financial instruments.

Establishing Negligence in a Wrongful Death Lawsuit

Wrongful death cases are governed by personal injury law. To prove a wrongful death claim in Florida, you must establish the following four elements of negligence:

1. The defendant in the claim owed the decedent a duty of care to behave responsibly.
2. That person breached their duty of care by acting negligently or recklessly.
3. That breach of duty caused the accident.
4. The accident directly caused the plaintiff’s death or, ultimately, fatal injuries.

Insurance companies aggressively defend against wrongful death claims and will do everything possible to present facts and evidence supporting their bottom line. The Homosassa Springs wrongful death attorneys at Kogan & DiSalvo have the experience and resources to counter these tactics.

Schedule a Free Consultation with Kogan & DiSalvo

Dealing with the death of a loved one is a complicated, ongoing process. When we handle wrongful death claims, we never forget that our clients are grieving. We will treat you with the utmost care and compassion as we apprise you of your rights and guide you through the legal process of pursuing a wrongful death claim in Citrus County. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we are successful.