Wrongful Death Lawyer in Zephyrhills

Under Florida Statute Section 768.19, when a deceased person could have filed a suit for their injuries had they survived, a civil claim can be filed on their behalf. Any accident that could have given rise to a personal injury lawsuit could also result in a valid wrongful death claim if it has fatal consequences, e.g., a high-speed car accident, nursing home neglect, or workplace accident. If you’ve lost a loved one due to these or other circumstances and are concerned about your family’s financial stability, trust our team of Zephyrhills wrongful death lawyers at Kogan & DiSalvo.

Dealing with the death of a loved one is a complicated, ongoing process. As Florida’s premier personal injury law firm, we often see people at the most vulnerable and difficult times. Learn more about how we will represent your case and fight for fair compensation for the pain and suffering you endured. Call today for a free consultation.

The Most Common Causes of Wrongful Death in Florida

As noted above, a wrongful death claim is a legal action brought by survivors of the decedent who has lost their life due to the negligent, reckless, or intentional act of another party. From a legal standpoint, any act of negligence that can cause a personal injury can also cause a wrongful death.

Some of the most common causes of wrongful deaths include:

• Car accidents: Negligence on Zephyrhills roads takes many forms, from drunk and distracted driving to speeding and running red lights. All too often, negligence and reckless behavior behind the wheel can cause fatalities.
• Workplace accidents: Equipment malfunctions, fires, explosions, and other dangerous conditions cause severe injuries and death in workplace accidents. Surviving family members are generally entitled to workers’ compensation death benefits when they lose loved ones in these circumstances. If the accident was caused by the negligence of a third party (not the employer), families may be entitled to wrongful death compensation as well.

In addition, wrongful death claims may arise from swimming pool accidents, bicycle accidents, pedestrian accidents, boating accidents, defective products, and much more. An experienced Zephyrhills personal injury lawyer can investigate your loved one’s accident to determine if you have a valid claim.

Who Can File a Wrongful Death Claim?

In Florida, wrongful death claims are typically initiated by the decedent’s personal representative, who will be named in their will. If they don’t have one, the court will appoint a personal representative to act on behalf of surviving family members.

Who Benefits From a Wrongful Death Claim?

While the personal representative initiates a wrongful death lawsuit, it is the surviving family members of the decedent who stand to benefit from it.

Beneficiaries in a wrongful death claims are as follows:

• Surviving spouse and children under the age of 25
• Adult children, if there is no surviving spouse
• Parents, if the decedent was a minor child
• Parents of adults, if the decedent had no spouse or child
• Blood relatives who were at least partially dependent on the decedent

If you have lost a loved one and are unsure whether you are entitled to compensation, consult an experienced Zephyrhills wrongful death lawyer who can help you understand how Florida law applies in your unique circumstances.

Compensating Survivors After Fatal Accidents

Nothing can ever make up for the loss of a loved one. However, Florida’s wrongful death laws allow surviving family members to pursue compensation for the economic and non-economic losses they have suffered as a result of the death in the family.

• Economic damages may include lost household income, including wages, bonuses, and commissions, and loss of household services such as cleaning and home repairs. Funeral, burial, and travel expenses arising from the death may also be compensable, as well as medical bills related to the fatal accident.
• Florida law also acknowledges the profound emotional impact of a death in the family. Non-economic damages in a wrongful death claim may include emotional trauma, pain and suffering, and loss of companionship and guidance. While these damages may be more challenging to quantify, they are crucial elements in a wrongful death claim and can significantly increase the total compensation available to surviving family members.

Establishing Liability in a Wrongful Death Case

If another party’s negligence caused the death of your loved one, you deserve justice. Our team at Kogan & DiSalvo will aggressively investigate the circumstances of the accident that claimed the life of your family member so that we can hold all liable parties accountable for the losses you have sustained.

The nature of the investigation will depend upon the type of accident your loved one suffered. For example, in truck accidents, we may analyze driving logs, hiring records, black box recording devices, and other sources of information to establish liability. In deaths arising from slip & fall accidents, evidence of hazardous conditions may be found in surveillance footage, eyewitness testimony, and maintenance logs.

Once we establish the cause of the accident, we can build a case that holds the negligent party or parties accountable to the greatest extent the law allows.

Fighting For Full and Fair Compensation

Whether a careless driver, negligent store owner, a manufacturer, or other at-fault party caused the death of your loved one, It is often challenging to obtain the full value of your claim. Insurance companies know how to minimize and even deny the compensation to which surviving family members are entitled.

This underscores the importance of consulting with an experienced wrongful death lawyer in Zephyrhills at your earliest convenience. The sooner we can build a case on your behalf, the better our chance of success.

We handle all types of wrongful death claims in Pasco County and throughout Florida, including those arising from motorcycle accidents, construction accidents, and bus accidents. Our experience and success in this area of law allows us to negotiate from a position of strength when seeking compensation for our valued clients.

Statute of Limitations

The statute of limitations for most wrongful death claims in Florida is two years from the date of the death. If you allow that time to expire without taking legal action, you may lose your standing and your chance to obtain the compensation you deserve.

Schedule a Free Consultation

At Kogan & DiSalvo, we understand that legal matters may be the last thing on your mind during this difficult time. We will be here for you when you are ready to discuss your legal rights with an experienced Zephyrhills wrongful death lawyer. To arrange a free, no-obligation consultation with a knowledgeable and compassionate member of our legal team,  contact us today. Since we work on a contingency basis, there are no upfront legal fees.