Florida Wrongful Death Attorneys
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 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). This may include a variety of situations, such as 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 is designated, the court will appoint one.
The personal representative can then file 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 generally two years from the date of death (Fla. Stat. § 95.11). However, certain exceptions may apply in rare cases. Consulting a knowledgeable lawyer is paramount to filing a claim within the appropriate legal deadline and recovering the maximum settlement you deserve.
Do I Have to Prove Negligence to Win a Wrongful Death Claim?
Proving negligence is a critical step to recovering damages in a wrongful death lawsuit. The plaintiff bears the burden of proof in these cases, meaning that the family or estate of the deceased is responsible for establishing liability by a preponderance of the evidence. In other words, you must demonstrate that the defendant “more likely than not” caused your loved one’s passing.
To recover compensation in a wrongful death lawsuit, you must first demonstrate the following elements:
- Duty of care. The defendant owed your loved one a duty of care, such as obeying traffic laws or maintaining reasonably safe premises for guests.
- Breach of duty. The defendant violated their duty by acting negligently, such as operating a motor vehicle while drunk or distracted.
- Causation. The defendant’s negligent action or inaction is the proximate cause of your loved one’s death.
- Damages. Your family suffered compensatory harm (“damages”) as a result of the breach.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
Depending on the specifics of the case, various damages may be recoverable in a wrongful death lawsuit. Common types of compensation include medical bills, lost wages and benefits, funeral costs, and burial expenses, as well as non-economic damages like pain and suffering, emotional distress, and loss of consortium. Seeking sound counsel is crucial to calculate the full extent of damages. Our attorneys are well-versed in these legal nuances to assess every avenue for financial recovery and maximize the value of 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 last thing you need while grieving the loss of a loved one is additional stress. This is why having an experienced attorney on your side is so vital. Here are some invaluable ways that a wrongful death lawyer can assist with your case:
- Legal guidance. A lawyer can apply their in-depth understanding of Florida law to help you build a robust case and navigate the legal process efficiently.
- Proving liability. An attorney can help you meet the burden of proof by establishing the necessary legal elements to prove liability.
- Negotiating a settlement. A qualified advocate can negotiate effectively with insurers to prevent you from settling for less than you deserve.
- Trial readiness. Your lawyer can represent your best interests in litigation if necessary to hold negligent parties accountable and achieve a just outcome.
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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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.
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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.
