Answer: A wrongful death lawsuit is a legal action filed by the surviving family members or beneficiaries of a deceased person whose death was caused by the negligence or intentional act of another party. The purpose of a wrongful death lawsuit is to seek compensation for the damages resulting from the loss of the deceased.
Fort Lauderdale Wrongful Death Lawyer
Fort Lauderdale Wrongful Death Attorney
There is no amount of compensation that can atone for a loved one’s death to the negligent actions of another person. Wrongful death cases are meant to ease the financial burden that the family of the departed may experience during this difficult time. Filing a wrongful death lawsuit allows you to recover compensation to cover funeral expenses, medical expenses, and lost earning potential. Call 954-763-4950 to speak with our Fort Lauderdale wrongful death lawyers in a free case consultation.
Contact Our Fort Lauderdale Personal Injury Attorneys
If you need to determine how you can obtain financial compensation for injuries caused by the negligence of others, then we encourage you to get in touch with our firm today.
Like many personal injury cases, wrongful death claims can be complex. Put your case in the hands of the experienced Fort Lauderdale wrongful death lawyers at the Law Offices of John D. Ameen. We understand how to navigate the various components of wrongful death cases to maximize what you are owed. With over 50 years of combined experience, we are proud to provide legal guidance to families in South Florida when they need it most.
What is Considered Wrongful Death?
When a tragic death occurs, your family may be eligible for compensation due to negligence. A wrongful death is a claim that may be filed when an individual’s negligence causes the death of another. Even though the deceased is no longer living, a wrongful death claim may still be filed. While wrongful death claims can come from any type of accident, they most commonly are a results of a car accident, motorcycle accident, or medical malpractice. Our attorneys have experience with any type of wrongful death claim.
Why Recover Compensation for a Wrongful Death?
Florida Statute 768.19 dictates that when someone’s death is caused by the negligence, default, wrongful act, or breach of contract of another entity, the deceased’s estate can bring a civil lawsuit for the death and any related losses. This means that a personal representative represents the spouse, children, parents, and any blood relative or adopted sibling that is dependent on the deceased during this claim. In total, compensation can be recovered for:
- Loss of support and services
- Loss of companionship and guidance
- Emotional pain and suffering
- Medical expenses
- Funeral expenses
- Lost wages and benefits
- Lost earning potential
Our law firm has firsthand experience with the ways that insurance companies will try to undercut families to avoid making a payment. We reject this when we fight for our clients. Our dedication and commitment to cases are backed by our extensive resources. If you would like to explore your options further, speak with a wrongful death lawyer in Fort Lauderdale today.
Wrongful Death Statute of Limitations in Florida
Every state has its own time limit for filing a wrongful death lawsuit. In the state of Florida, wrongful death cases must be filed within two years of the date of death. There are very few extenuating circumstances that would allow a claimant to file after this time period has expired. With this time line, it is important to act quickly!
Contact Our Fort Lauderdale Personal Injury Attorneys
If you need to determine how you can obtain financial compensation for injuries caused by the negligence of others, then we encourage you to get in touch with our firm today.
Wrongful Death FAQs
Are Wrongful Death Settlements Taxable?
Answer: In general, wrongful death settlements are not taxable as income for federal tax purposes. The Internal Revenue Service (IRS) considers these settlements as compensation for physical injury or illness, which are typically non-taxable.
How Long Does a Wrongful Death Lawsuit Take?
Answer: The duration of a wrongful death lawsuit can vary significantly depending on various factors. These factors may include the complexity of the case, the number of parties involved, and the legal procedures in the jurisdiction where the lawsuit is filed. In general, a wrongful death lawsuit can take anywhere from several months to several years to reach a resolution. Factors that may influence the timeline include the need to gather evidence, witness testimonies, negotiations between parties, court scheduling, and more.
What Is the Average Payout in a Wrongful Death Lawsuit?
Answer:The average payout can vary significantly depending on various factors, such as the circumstances of the case, the extent of damages, and the parties involved. However, wrongful death settlements in Florida typically range from tens of thousands to millions of dollars. Factors such as the deceased person’s age, earning potential, and the impact of their death on surviving family members can influence the final settlement amount.
How to File a Wrongful Death Lawsuit?
Answer: First, the personal representative of the deceased person’s estate must be appointed. Next, the representative files the lawsuit on behalf of the estate and surviving family members. The lawsuit must specify the legal grounds for wrongful death, such as negligence or intentional harm. Evidence supporting the claim must be gathered, including medical records, witness statements, and expert opinions. The case then proceeds through the legal process, including discovery and negotiations.
Who Pays in a Wrongful Death Lawsuit?
Answer: If a wrongful death lawsuit is successful, the damages are typically awarded by the party found legally responsible for the death. This could be an insurance company, the individual responsible for the death, or both. If the responsible party is unable to pay the full amount of damages, their insurance policy or assets may be used to compensate the surviving family members or beneficiaries who have won the lawsuit.
How Do You Prove Wrongful Death?
Answer: To prove wrongful death, you must demonstrate that the negligence, recklessness, or intentional actions of another party caused the death. Several key elements will need to be proven in a wrongful death claim, such as duty of care, breach of duty, causation, and damages. Medical records, witness statements, professional testimony, and more can all be crucial in proving a wrongful death case. Working with an experienced attorney is important to ensure you can gather the necessary evidence you need to make the most robust case possible.
Tireless Legal Guidance from the Law Offices of John D. Ameen, P.A.
Every wrongful death case is as unique as your loved one. We understand the complexities that go into these cases and how to secure the necessary evidence to maximize financial recovery. Our goal is to ensure that your family is cared for and the responsible party is held accountable. For tireless legal guidance, consult the Fort Lauderdale wrongful death attorneys at the Law Offices of John D. Ameen, P.A.
© 2025 The Law Offices of John D. Ameen, P.A.. All rights reserved.
Digital Marketing By: 