Hollywood Wrongful Death Lawyer

Compassion, Experience & Knowledge on Your Side

There is no greater tragedy in life than when a loved one is taken prematurely. And when we believe another to be responsible for that death, that only compounds the pain we feel. A claim of wrongful death is the recourse for survivors or the estate of a deceased person whose death may be attributable to the actions or negligence of another. If you believe that your loved one may have passed due to another’s actions, the Hollywood wrongful death attorneys at Fischer Redavid PLLC may be able to help you seek compensation to cover funeral costs, medical bills, and more.

Wrongful Death Resources: 

• What is wrongful death?
• How can I determine fault?
• Types of wrongful death cases
• What is the statute of limitations in Florida?
• What kind of compensation could I receive?
• Do I need a wrongful death lawyer?

What is Wrongful Death?

Wrongful death can be a confusing concept because there are often criminal charges that apply in the same set of circumstances. But while criminal charges are brought by the government and are intended to serve the interests of the public, a wrongful death claim is a civil suit brought by a decedent’s estate or their survivors, and it serves the financial interests of the claimant. A deceased person’s spouse, children, and parents can bring a wrongful death claim in Florida. So can any blood relative or adoptive sibling who depended, at least partially, on the decedent for support.

How to Determine Fault for Wrongful Death

You must prove the defendant’s fault for a fatal accident before you and your family can recover damages for the death of a loved one. Proving negligence is the plaintiff’s responsibility in personal injury and wrongful death claims. Proving fault takes showing “clear and convincing” evidence that the defendant owed the decedent a duty of care, breached this duty, and thereby caused the circumstances that killed your loved one. Determining fault is something you (and your lawyer) must do before you can even file a claim. Here are a few steps that may be involved in the process:

1. Call the police. Fatal accidents of all kinds require official visits from Hollywood police. Call 911 if you’re at the scene of the accident or request a copy of the police report later if you weren’t at the scene. An official police write-up of the incident can give you (and your wrongful death case) important information, evidence, and opinions that could help you determine who is at fault.
2. Contact an insurance company. Its involvement can answer the question of fault for wrongful death, because the insurer will launch its own investigation into the auto accident or other incident using a claims adjuster. It is the adjuster’s job to determine fault for the accident. There may not be an insurance company to involve if your loved one’s death did not occur because of a car accident.
3. Gather information yourself. Hiring a professional is the easiest way to determine fault for wrongful death, but the process can run much smoother if you have plenty of information available about your case. Start collecting information about the fatal accident from day one. Take photographs, gather documents and medical records, and keep all case facts organized in a file. Facts and evidence will help you determine fault.
4. Request help from an attorney. Contacting the Hollywood wrongful death lawyers at Fischer Redavid PLLC can put you in touch with people who can preserve key evidence, build a case, and identify the correct responsible party. More than one person or entity could share fault for your loved one’s death. For example, in a car accident claim, another driver and an airbag manufacturer could share fault. Our lawyers can help you name the right defendant(s).

A judge or jury will listen to the facts of the case and decide whether the defendant was more likely than not responsible for the death during your wrongful death claim. It is up to you as the plaintiff to properly identify the correct person, company, or agency at fault for the death of your loved one. Determining and proving fault requires enough evidence against the defendant, as well as abiding by all applicable court rules. Our skilled Hollywood wrongful death lawyer can help.

Types of Wrongful Death Cases

Wrongful death cases are like personal injury cases, except that they result in the death of the victim instead of only injuries. If your loved one would have had the ability to file a personal injury claim had he or she survived the injury, you (or a family member) most likely have the power to file a wrongful death claim. Any act of negligence, recklessness, or intentional misconduct that results in the death of another person could be grounds for a wrongful death claim in Florida. Many types of wrongful death cases exist, including: