Florida Wrongful Death Attorney
Aggressively Seeking Justice & Compensation for Grieving Families
While losing a loved one can be heartbreaking, it can be all the more devastating when they pass away due to another’s carelessness. Since 2008, our wrongful death lawyers have relentlessly pursued justice for families across Florida. If your friend or relative passed away due to negligence, Kemp Law can fight tirelessly to hold responsible parties accountable.
As a member of the prestigious Multi-Million Dollar Advocates Forum, our attorneys are among the best in the country. Our firm has recovered millions in settlements and prepares every case for trial, giving you peace of mind that your rights are protected in and out of the courtroom. We can work diligently to recover compensation for lost wages and benefits, loss of consortium, and other losses while you focus on honoring your loved one’s life.
When you work with us, you can expect personalized attention, direct attorney involvement, and upfront communication from start to finish. With Kemp Law, you are never just another case number, but a human being who has suffered a great loss. Our goal is to alleviate stress by guiding your steps with compassion and clarity during this difficult time. Reach out today to secure the exceptional advocacy you deserve.
If you lost a loved one due to negligence, choose a nationally acclaimed firm to pursue justice. Contact us online or by calling (727) 788-6792 to discuss your case. Pay nothing until we win.
What Constitutes a Wrongful Death?
In Florida, a wrongful death occurs when a person or entity causes another person's death by a wrongful act, negligence, default, or breach of contract or warranty (Fla. Stat. § 768.19). Incidents may include workplace accidents and collisions involving cars, trucks, motorcycles, buses, boats, DUI, and Uber or Lyft vehicles.
Who Is Eligible to File a Wrongful Death Claim?
Under the Florida Wrongful Death Act, only the personal representative of the deceased person's estate can file a wrongful death claim. This representative is typically named in the will or estate plan. If no representative exists, the court will appoint one.
The personal representative then files a claim on behalf of surviving family members, such as spouses, children, parents, and other blood relatives or adoptive siblings.
How Long Do I Have to File a Wrongful Death Claim?
In Florida, the statute of limitations for wrongful death claims is usually two years from the date of death (Fla. Stat. § 95.11). Certain exceptions may apply in rare cases. Consulting a knowledgeable lawyer helps ensure you file within the legal deadline and secure the compensation you may deserve.
Do I Have to Prove Negligence to Win a Wrongful Death Claim?
Proving negligence is essential to recovering damages in a wrongful death lawsuit. The person bringing the case must show the family or estate deserves compensation by a preponderance of the evidence. You must demonstrate the defendant “more likely than not” caused your loved one’s death.
To recover compensation in a wrongful death lawsuit, you must first establish the following elements:
- Duty of care. The defendant owed your loved one a duty of care, such as obeying traffic laws or keeping premises safe for guests.
- Breach of duty. The defendant violated this duty by acting negligently, such as through distracted or impaired driving.
- Causation. The defendant’s negligent act or failure directly caused your loved one’s death.
- Damages. Your family suffered compensable harm (“damages”) from the breach.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
Depending on the specifics of the case, various damages may be available in a wrongful death lawsuit. Types of compensation may include:
- Medical bills
- Lost wages and benefits
- Funeral costs and burial expenses
- Pain and suffering
- Emotional distress
- Loss of consortium
Seeking sound legal guidance is crucial for calculating the total damages that apply in each situation. Our attorneys understand Florida's legal standards and help evaluate every possible route for financial recovery, working to maximize your claim.
Will My Case Go to Trial?
It depends. Although many wrongful death claims are settled out of court, litigation may be necessary to secure adequate compensation for your family’s losses. This is where a time-tested trial lawyer can make all the difference. At Kemp Law, our accomplished litigators prepare every case for trial and never hesitate to stand up to powerful insurers and corporations if necessary to obtain a fair verdict.
Do I Need a Wrongful Death Lawyer?
The days and weeks after losing a loved one are challenging. Having a wrongful death attorney in Florida reduces your stress and helps protect your interests. Here are some invaluable ways a wrongful death lawyer can assist with your case:
- Legal guidance. An attorney applies in-depth knowledge of Florida law to help you build a strong case and manage the legal process effectively.
- Proving liability. Your lawyer will assemble evidence needed to prove liability during negotiations or in court.
- Negotiating a settlement. A wrongful death lawyer in Florida will communicate with insurers to protect you from accepting less than you deserve.
- Trial readiness. If litigation is necessary, your lawyer advocates for your interests and seeks a just result.
Your Path to Healing: Navigating the Emotional Toll of Wrongful Death
The loss of a loved one is never easy, especially when it results from someone else's negligence. While pursuing legal action is an important step toward achieving justice, it is also crucial to acknowledge the emotional and psychological impacts on you and your family. At Kemp Law, we understand that this time of grief can feel overwhelming, and we are here to support you through every step of the process.
Here are some resources you may find helpful as you navigate this difficult journey:
- Support Groups: Connecting with others who have experienced similar losses fosters healing and offers comfort in shared experiences.
- Counseling Services: Professional counseling provides a space to process grief and develop coping strategies.
- Financial Guidance: Understanding your financial situation after a loss may reduce stress. We recommend seeking out advisors who work with Florida families managing loss.
While we focus on pursuing justice for your loved one, we also encourage you to prioritize self-care and seek support as needed. Remember, you are not alone in this journey. Kemp Law is here to guide you and ensure that your voice is heard and that those responsible are held accountable.
How Florida Courts Determine Compensation
Florida courts weigh many details when deciding damages in wrongful death cases. They look at earnings history, age, and the extent to which survivors depended on the deceased. Survivors may recover both economic losses, like lost financial support or services, and non-economic losses, such as companionship, guidance, and emotional support. To demonstrate these damages, evidence may include pay records, tax returns, and testimonials from family or counselors.
Judges and juries also review projected future losses, including earning potential and ongoing household contributions. While statutory rules guide the process, judges and juries exercise discretion—especially concerning non-economic damages like pain and suffering—which sometimes leads to different outcomes in similar cases. Experienced wrongful death lawyers in Florida can help families in presenting these factors to maximize their chances for a fair outcome.
Frequently Asked Questions About Wrongful Death Claims
Navigating a wrongful death claim in Florida can feel overwhelming, especially during this difficult time. To help you better understand the process, we’ve compiled some frequently asked questions that address concerns many families have when considering legal action:
- What steps should I take immediately after a wrongful death? Gather any documentation related to the incident, such as police reports and medical records, and consult with an attorney to protect your rights.
- How is liability determined in wrongful death cases? Liability often involves a thorough investigation of the circumstances surrounding the death, which may include eyewitness accounts, expert testimony, and more.
- What should I look for in a wrongful death attorney? Seek an attorney with experience in wrongful death cases, a history of successful settlements, and a compassionate approach to client support.
- Can I still file a claim if the deceased did not have a will? Yes, in Florida, wrongful death claims may still move forward based on state law, and your attorney can guide you through the legal proceedings if there is no will.
- What if the negligent party is uninsured or underinsured? Your attorney may be able to investigate alternative options for compensation, including claims against your own insurance policy if applicable.
If you have further questions or need personalized guidance, don’t hesitate to contact Kemp Law. Our dedicated team stands beside you every step of the way during this challenging time.
If your loved one passed away as a result of another’s carelessness, our firm can fight for justice. Call (727) 788-6792 to schedule a free consultation.
FAQs
you deserve answers
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
