Did you lose a loved one in a tragic accident in Crestview, FL? Your family may deserve significant compensation for medical bills, lost financial support, as well as the loss of your loved one’s company, guidance, and support.
An experienced Crestview wrongful death lawyer at Gross & Schuster Injury Lawyers is prepared to help you fight for every dollar you deserve. Do not hesitate to seek legal advice after the loss of a loved one. Contact our law offices or call us at (850) 407-7726 to arrange your free consultation today with a Crestview wrongful death lawyer.
Why Should I Choose Gross & Schuster Injury Lawyers to Handle My Family’s Crestview Wrongful Death Claim?
You’ve suffered an unthinkable loss because someone else disregarded your loved one’s safety. You deserve to hold the responsible party accountable.
Unfortunately, many grieving families don’t even know where to begin. The at-fault party may vigorously deny their responsibility. Their insurance companies may already be pushing for a fast settlement. You deserve an experienced Crestview wrongful death attorney on your team.
Our attorneys have over 75 years of combined experience helping grieving families fight for the justice they deserve. We’ve successfully recovered over $200 million in settlements and verdicts for our efforts.
When you hire Gross & Schuster Injury Lawyers, you’ll benefit from a trusted team who will:
- Conduct a detailed investigation into your loved one’s death
- Identify all parties who played a role in your tragic loss
- Work closely with your family to evaluate the ways your lives have changed
- Determine how much compensation you really deserve
- Locate all insurance sources
- Handle the paperwork, communications, and insurance negotiations
- Reject any unfair settlement offers and fight for justice at trial if necessary
Your family shouldn’t have to bear the financial costs of someone else’s acts. Call our Crestview personal injury attorneys to get the legal guidance you deserve today.
How Common Are Fatal Accidents in Florida?
Unfortunately, deadly accidents occur all the time in Florida.
In a recent year alone, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 3,129 deadly traffic accidents, including:
- 581 deadly motorcycle accidents
- 199 bicycle fatalities
- 688 pedestrian deaths
Of course, car accidents aren’t the only danger. 4,380 fatal slip and fall accidents occurred in Florida recently. 40 of those fatalities were in Okaloosa County. Another 306 people died in deadly workplace accidents statewide in a recent year.
What Is a Wrongful Death Claim in Florida?
Florida allows a victim’s loved ones to recover for a wrongful death if:
- The death was caused by another person’s “wrongful act, negligence, default, or breach of contract or warranty,” and
- The victim would have been entitled to file a personal injury claim had they survived.
Wrongful death cases can involve many different fact patterns, such as:
- A negligent driver runs a red light and causes a fatal accident
- A property owner fails to fix a broken railing and a victim falls to their death
- Someone intentionally harms someone and causes their death
- A doctor makes a critical error and the patient loses their life
You deserve to understand your legal options. Our lawyers in Crestview offer free case reviews. If you suspect you have a valid case, contact us today to schedule yours.
Understanding How a Wrongful Death Lawsuit Works in Florida
In most personal injury cases, the victim files their own lawsuit. Wrongful death lawsuits are different as the victim isn’t around to assert their rights.
Instead, their personal representative files the lawsuit with the help of our attorneys. The personal representative, or estate executor, is often a family member, trusted friend, or advisor.
The claim for compensation is brought on behalf of the victim’s:
- Surviving spouse
- Children
- Parents
- Other blood relatives or adoptive siblings who the victim supported financially
Wrongful death lawsuits are filed in civil court. Although criminal charges could also be involved, the wrongful death case is wholly separate from any criminal matter. Most wrongful death cases involve accidents, rather than criminal offenses. When insurance is available, we’ll first attempt to recover full compensation through the insurance negotiations process.
If your case succeeds, the court or insurance company will award compensation.
What Is My Crestview Wrongful Death Case Worth?
How do you put a dollar value on a human life? Unfortunately, this is the difficult question that’s at the heart of wrongful death cases. Understanding how much compensation you deserve is critical to getting a fair deal. Even while you’re grieving, the insurance adjuster will probably be pushing you to take a quick–and often unfair–settlement.
When our lawyers are evaluating your case value, we’ll carefully examine:
- Your loved one’s age and life expectancy
- The victim’s expected future earning capacity, measured based on work history, prior earnings, education, and other relevant factors
- The identity and needs of surviving dependents, including a young spouse or children
- How your loved one contributed to your family, considering non-financial contributions like household services and childcare
- How the loss has changed your life
Assessing the value of a wrongful death case is always challenging. Expert opinions are often critical to proving your case.
What Types of Damages Are Available in a Successful Wrongful Death Case in Crestview?
Two primary types of damages are available in nearly every wrongful death case: economic damages and non-economic damages.
Some examples of economic damages include:
- Medical expenses incurred for care between the date of the victim’s injury and death
- Lost financial support
- Loss of valuable household services
- Property damage
- Funeral expenses
- Loss of “net accumulations,” or loss of the survivor’s expected inheritance had the victim lived
Some key examples of non-economic damages include:
- Loss of your loved one’s company and support
- Loss of parental instruction, protection, and guidance
- The victim’s physical pain and suffering
- Emotional trauma and distress
- Loss of consortium, or loss of a spouse’s companionship
In rare cases where the defendant’s acts were intentional or shockingly reckless, the court may award punitive damages. Punitive damages punish the defendant for their shocking disregard for the value of your loved one’s life.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Like personal injury lawyers, wrongful death lawyers tend to operate on a contingency fee basis. Your attorneys’ fees depend completely on the amount of compensation they recover in your case. When your attorney wins, you’ll pay an agreed-upon percentage of your compensation.
At Gross & Schuster Injury Lawyers, we believe that everyone should get legal representation even if they cannot afford to pay upfront. Using a contingency fee system allows us to represent those who deserve justice regardless of financial means.
Can Florida’s Comparative Negligence Laws Impact the Value of My Wrongful Death Case?
Yes. Sharing blame will always reduce the value of your claim. The question is, how significantly?
Florida’s modified comparative negligence law prevents you from recovering any compensation if your loved one was found to be more than 50% responsible for their death. When any blame at all is allocated to your loved one, your compensation will be reduced by that percentage.
We Handle All Types of Wrongful Death Cases in Crestview
Our team at Gross & Schuster Injury Lawyers is prepared to handle any type of wrongful death case, including those involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Accidents caused by dangerous property conditions
- Recreational vehicle accidents
- Pedestrian accidents
- Bicycle accidents
- Commercial vehicle accidents
- Bus accidents
- Accidents involving rideshare drivers
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Negligent security
Count on our team to identify every party who shares the blame for your unimaginable loss. Once we know why your loved one lost their life, we’ll fight tirelessly to hold the at-fault party accountable.
What Do I Have to Prove to Win Compensation for Wrongful Death in Florida?
Most wrongful death cases are based on negligence. Typically, accidents occur because someone was negligent, or failed to use a reasonable amount of caution.
Negligence requires evidence about four elements:
- A duty of care existed
- The defendant breached their duty by failing to exercise due caution
- That breach of duty directly caused your loved one’s death
- The damages your family has suffered in the aftermath
Your attorney can find the evidence you need to prove you deserve compensation. We can start our investigation today, so call for a free consultation.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in Florida?
The statute of limitations in most wrongful death cases is only two years. Your family must file a lawsuit within two years of your loved one’s death. Once two years pass, you can no longer sue for damages.
Contact a Trusted Crestview Wrongful Death Lawyer for a Free Consultation Today
You’re not alone if you recently lost a loved one in an accident. A Crestview wrongful death lawyer at Gross & Schuster Injury Lawyers will stand by your side every step of the way. With our team by your side, you can grieve while knowing that an experienced attorney is doing everything possible to protect your family’s financial security.