It is never easy to lose a loved one, and it is even worse when you are struggling with the financial burden and trying hard to make ends meet since their passing. If you have suffered the loss of a loved one as a result of someone else’s negligence, then you could be entitled to receive compensation.
There are very specific laws surrounding wrongful death in regard to who might be eligible to recover compensation. In the aftermath of the death of someone you love, you will need to hire a North Port personal injury lawyer to help you to handle your affairs.
At The Law Place, we have over seventy-five years of collective experience when it comes to protecting the rights of surviving family members in North Port and across the State of Florida. Our law firm has recovered compensation for a number of different wrongful death cases such as medical malpractice, car accidents, product liability accidents, and much more.
Contact The Law Place to schedule a free consultation today, and a North Port personal injury lawyer will fight for the compensation that you deserve following the loss of a loved one in North Port.
Definition of Wrongful Death in North Port, FL.
Florida Statute 768.21 states that wrongful death is when a person or company is deemed to be negligent, and the cause of the person’s death could have been avoidable. It is also worth noting that wrongful death is not the same as murder, which is recognized as an intentional act. A wrongful death claim could be based on an act of negligence, like a car accident or something slightly more complex, like medical malpractice.
People Who Are Eligible to File a Wrongful Death Claim in North Port, FL.
The immediate family of the deceased, such as the spouse, children, parents, or other dependents, are allowed to file a wrongful death claim under Florida law. If the deceased wrote a will before their passing, then the beneficiaries of their estate will have the legal right to file a wrongful death claim. In many cases, an estate will have a personal representative to act on behalf of the beneficiaries. However, in the event that there is not a will, the court will nominate a personal representative for the estate.
The personal representative will list every individual who might have an interest in the estate of the deceased, which could include:
- A spouse.
- Children under the age of 25.
- Adult children if there is no living spouse.
- Each parent of a deceased minor child.
- Each parent of an adult child if there were no other survivors.
- Blood-related family members that were partially dependent on the deceased during the time that they were alive.
A family member or beneficiary of the deceased who are unsure of their legal rights to file a wrongful death claim should speak to the personal injury lawyers at The Law Place. Call our office to set up a free consultation today.
We’re here to serve you. Our phones are open 24 hours a day. Types of Wrongful Death Cases in North Port, FL.
A wrongful death case is recognized when the person’s death is caused by a wrongful act, negligence, default, or breach of contract/warranty that the person would have received in compensation in the event that they did not die.
The most common types of wrongful death include:
- Premises Liability Accidents – Accidents resulting from hazardous conditions, such as slip and falls, continue to be a leading cause of injury-related fatalities, especially among older adults. In Florida, falls are a primary cause of death in adults aged 65 and older, according to the Florida Department of Health. These cases often point to clear negligence, such as failing to maintain safe premises or repair hazards in a timely manner.
- Car Accidents – In 2023, Sarasota and Charlotte counties experienced 90 fatalities due to traffic accidents, with 15 of these deaths (16.7%) directly linked to drugs, alcohol, or a combination, according to data from the Florida Highway Safety and Motor Vehicles (FLHSMV). These fatalities highlight the stark reality of impaired driving as a form of gross negligence. Each of these deaths represents a preventable tragedy caused by decision to drive under the influence, endangering not only the driver but innocent road users.
- Pedestrian Accidents – Pedestrian fatalities remain a persistent issue in Sarasota and Charlotte counties. In 2023, 14 pedestrians lost their lives in traffic accidents, according to FLHSMV. These incidents often result from driver inattention, speeding, or failure to yield – clear examples of negligence that turn everyday activities like walking into life-threatening situations.
- Workplace Accidents – Workplace fatalities in Florida are a sobering reminder of the risks faced by workers. In 2021, 315 fatal occupational injuries were reported statewide, with transportation incidents and falls being leading causes, according to the U.S. Bureau of Labor Statistics. Given Sarasota and Charlotte’s industrial and construction activities, the need for rigorous safety protocols in workplaces is critical to preventing avoidable deaths caused by unsafe conditions or lack of proper training.
- Medical Malpractice – Medical malpractice remains a significant cause of wrongful death across the nation. According to Johns Hopkins Medicine, over 250,000 deaths occur annually in the U.S. due to medical errors, making it the third leading cause of death. While specific data for Sarasota and Charlotte counties are unavailable, cases of misdiagnosis, surgical errors, or negligent care in the area demonstrate the devastating consequences of such mistakes.
- Product Liability Accidents – Defective or improperly tested products – ranging from faulty medical devices to unsafe consumer goods – can lead to fatal injuries. The Consumer Product Safety Commission tracks numerous deaths each year from product hazards, underscoring the importance of stringent manufacturing and safety standards. Locally, incidents involving defective products reinforce the responsibility of manufacturers to ensure safety.
We’re Florida’s top litigation team with over 75 years of combined experience Negligence for Wrongful Death Cases in North Port, FL.
Negligence is when an individual fails to behave with reasonable care and caution. It is important to establish negligence in any case of wrongful death. The most common examples of negligence include:
- A driver who was under the influence of alcohol or drugs.
- A medical provider who prescribed the incorrect medication.
- An employer who failed to provide the appropriate safety equipment for their employees.
- A product manufacturer who failed to conduct a safety testing before releasing a product to the public.
- A business owner who failed to fix a hazard or inform people of the danger on their property.
From the initial call to updates on your case status, we are here to get you answers. Types of Compensation in Wrongful Death Cases in North Port, FL.
The Law Place will assist you in seeking all types of compensation to help you in the passing of your loved one. It is hard to put a number on the amount of pain and suffering caused by the death of a loved one. We understand the financial pressure that you might be under, especially if the deceased was the primary financial contributor to the family.
There are very specific laws surrounding wrongful death, and you will need a personal injury attorney to help you navigate the legal system in the State of Florida. The types of compensation available will depend on the beneficiary in question.
A personal injury attorney from The Law Place will help you to determine the extent of the damage caused and calculate the amount of compensation that you could be owed. Pick up your phone to set up a free consultation today.
Statute of Limitations for Wrongful Death Cases in North Port, FL.
The statute of limitations lays out the length of time that a person has to file a personal injury claim or wrongful death claim after an accident. In Florida, the statute of limitations on wrongful death cases in two years.
If you do not follow the statute of limitations for wrongful death claims and you fail to take the necessary legal action within the allocated time, then the court will dismiss your claim.
It will usually take time to investigate the facts and circumstances surrounding someone’s death, and it is important to identify who should be held liable for a case of wrongful death. That is why it is imperative that you contact a personal injury attorney from The Law Place as soon as possible so that we can get to work on your claim.
How a Personal Injury Lawyer Will Help You in North Port, FL.
Every year, close to 13,000 people are killed in accidents across the State of Florida. Many of the accidents involve car crashes, slip and falls, medical malpractice, construction accidents, and a number of other accidents caused by another person’s negligence. When you lose a loved one as a result of someone else’s error or negligence, then you deserve to be compensated for your loss. It is important that you have a personal injury lawyer on your side to achieve a favorable outcome for your case in North Port.
- Calculating Your Losses – After losing a loved one, you might not know the amount of compensation that you could be owed. The personal injury attorneys at The Law Place will investigate the wrongful death, collect facts and evidence, assess the amount of damage caused, and calculate the compensation that you could be owed.
- Keep Your Best Interests in Mind – It might feel like no one is on your side following the death of your loved one. The at-fault party will probably want to avoid liability at any cost, and the insurance company will always prioritize profit and offer you less compensation than you deserve. However, a personal injury attorney will keep your best interests in mind and fight for your legal rights.
- Support and Guidance – The personal injury lawyers at The Law Place will provide you with the necessary support and guidance that you need during this difficult period of your life. When you work with one of our personal injury lawyers, you will receive the best legal advice to help you maximize the amount of compensation that you receive.
Meet the Attorneys at The Law Place
At The Law Place, our team of skilled attorneys understands the profound impact a wrongful death can have on families in North Port. With over 75 years of combined experience handling personal injuries and wrongful death cases, we are committed to delivering compassionate and effective legal representation to help you navigate this difficult time.
David A. Haenel, a key member of our team, brings unparalleled knowledge in legal strategy and courtroom advocacy. Named Florida’s DUI Prosecutor of the Year during his time with the State Attorney’s Office, David transitioned to defense with a keen understanding of prosecution tactics. This insight has been instrumental in achieving favorable outcomes in wrongful death and other personal injury cases. His meticulous attention to detail ensures every case is approached with precision and care.
Hillary Ellis is a former Assistant State Attorney who has extensive experience in litigation, including cases involving wrongful death and personal injuries. Her background in prosecution equips her with a unique ability to anticipate the opposing side’s strategies, making her a formidable advocate for families seeking justice. Hillary’s dedication to her clients is matched only by her skill in the courtroom, where she fights tirelessly for the rights of grieving families.
Our Collaborative and Compassionate Approach
What sets The Law Place apart is our collaborative approach to legal representation. Our attorneys work as a team, pooling their diverse skills and experiences to build the strongest possible case for you. This collective effort ensures no aspect of your wrongful death claim is overlooked, from gathering evidence to negotiating with insurance companies or presenting your case in court.
We understand that wrongful death cases are not just about legal battles—they are about families who have suffered an immeasurable loss. That’s why our attorneys prioritize open communication and compassion. We take the time to understand your unique situation, providing tailored advice and support throughout the legal process.
If you have lost a loved one due to negligence or recklessness in North Port, The Law Place is here to help. Let our experienced attorneys stand by your side and fight for the justice your family deserves. Contact us today for a free consultation and learn how we can assist you during this challenging time.
FAQ – North Port Wrongful Death Lawyer
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action filed by the survivors or the personal representative of a deceased individual’s estate against those responsible for the person’s death due to negligence, misconduct, or any other liable cause.
Are wrongful death attorneys different from personal injury lawyers?
While both wrongful death attorneys and those handling personal injury cases deal with injuries caused by negligence, the main distinction is their focus. Personal injury lawyers concentrate on injuries where the victim is still alive, whereas wrongful death lawyers advocate for the families of those who have died as a result of negligence.
How long do I have to file a wrongful death lawsuit in North Port?
Typically, the statute provides a window of two years from the date of death to file a wrongful death lawsuit in Florida. However, every situation has its unique case factors, so consulting with a North Port wrongful death lawyer is essential to understand specific deadlines.
What kind of compensation can I recover from a wrongful death lawsuit?
Families can seek legal action to recover money for various monetary damages, including medical and funeral expenses, loss of income, loss of companionship, pain and suffering, and other related damages.
Who can file a wrongful death claim in North Port?
Usually, the personal representative of the deceased’s estate files the wrongful death lawsuit. The personal representative can be named in the will or appointed by the court. They file on behalf of the deceased’s survivors.
How does the process of a wrongful death lawsuit proceed?
The process typically begins with a consultation with a wrongful death lawyer. They will evaluate the merits of your claim. If there’s a viable case, an investigation ensues, gathering evidence and building a strong case. This might involve negotiations with the opposing party for a settlement. If no agreement is reached, the case proceeds to trial. Throughout the process, your North Port wrongful death lawyer will advise on the best legal options and keep you informed.
Why choose The Law Place for my wrongful death claim in North Port?
The Law Place boasts experienced wrongful death lawyers who understand the intricacies of these cases. They have successfully guided numerous families in North Port through the complexities of the legal system, ensuring they recover the compensation they deserve. With a dedication to understanding each unique case and a comprehensive knowledge of related practice areas, they are equipped to handle even the most challenging scenarios.
How do I start the process?
Begin by seeking legal counsel. Reach out to The Law Place to schedule a free consultation. This initial meeting will provide clarity on your legal options and the potential next steps in pursuing justice for your loved one.
Resources for Families Coping with a Wrongful Death in North Port
Losing a loved one in a wrongful death incident is a devastating experience, leaving families grappling with emotional and financial challenges. North Port families have access to various resources that can help provide support and guidance during this difficult time.
- Tidewell Hospice – Tidewell Hospice offers grief counseling and support groups for individuals and families dealing with loss. Their compassionate team provides resources tailored to each family’s unique needs.
- Charlotte Behavioral Health Care – Charlotte Behavioral Health Care offers individual and group counseling services, specializing in helping families process traumatic losses such as wrongful deaths.
- The Law Place – The Law Place provides experienced legal representation for families pursuing wrongful death claims in North Port. Their compassionate attorneys guide you through the complex legal process while fighting for the justice and compensation you deserve.
- United Way of South Sarasota County – United Way of South Sarasota County provides financial assistance for families in crisis, including help with funeral expenses and immediate living costs.
- Catholic Charities of Venice – Catholic Charities of Venice offers emergency financial aid and counseling to families facing hardship after a loved one’s passing.
- North Port Social Services – North Port Social Services connects families to local resources, including grief counseling, financial assistance, and support networks.
- Bereavement Support Groups – Local churches, community centers, and libraries in North Port often host bereavement support groups that provide a safe space for sharing experiences and finding solace.
- The Salvation Army of North Port – The Salvation Army of North Port offers assistance with housing, food, and other essentials for families navigating financial difficulties following a wrongful death.
Contact The Law Place Today in North Port, FL.
If you lost a loved one in an accident as a result of someone else’s negligence, then you could be entitled to compensation for wrongful death in North Port. It is not easy to get back on your feet following the death of someone you love, and you should seek legal counsel from a personal injury attorney from a law firm that you trust.
At The Law Place, we have over seventy-five years of combined experience and knowledge in recovering compensation for people who have lost love ones in North Port and throughout the State of Florida. Our law firm understands wrongful death cases, and we will help you through this difficult period.
Our team of personal injury lawyers will take the time to understand your unique case and provide you with the best solutions to help you in your current situation. If you are struggling to make ends meet following the death of someone that you love, then we are here for you. The phone lines to our office are open twenty-four hours a day, seven days a week so that we can be there for you when you need it the most.
Contact The Law Place to schedule a free consultation today, and a personal injury lawyer will fight for the compensation that you deserve following the loss of a loved one in North Port.
