Sarasota Wrongful Death Lawyer

Losing a loved one is painful, and the stress of funeral costs along with the grief that comes with a loss can be overwhelming.

It becomes even harder when your family member died unexpectedly as a result of another person’s negligence or reckless decisions. In those cases, you may be able to file a wrongful death lawsuit and receive compensation to assist you during this difficult time. To pursue this, you will need help from a law firm or wrongful death lawyer.

If you have experienced a wrongful death in your family in Sarasota or Florida, it’s crucial that you contact our team of Sarasota personal injury lawyers and wrongful death lawyers at The Law Place. Our law firm will provide you with the reassurance and representation you need to secure justice. Contact us today for a free consultation on (941) 444-4444.

​In Florida, a wrongful death claim arises when an individual’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. This legal framework allows the deceased person’s estate and certain family members to seek compensation for their losses.​

Legal Definition

Under the Florida Wrongful Death Act, a wrongful death occurs when a person’s death results from a wrongful act, negligence, default, or breach of contract or warranty by another. If the deceased had survived, they would have been entitled to pursue legal action for the injuries suffered. ​

Essential Elements to Establish a Wrongful Death Claim in Florida

To successfully bring a wrongful death claim in Florida, the following elements must be proven:

1. Duty of Care: The defendant owed a legal duty of care to the deceased. This means the defendant was obligated to act in a certain way to prevent harm to the decedent. For example, drivers have a duty to operate their vehicles safely to avoid injuring others. ​
2. Breach of Duty: The defendant breached this duty through their actions or inactions. This breach can occur due to negligence, recklessness, or intentional misconduct. For instance, a driver who runs a red light breaches their duty to obey traffic laws and ensure the safety of others. ​
3. Causation: The breach of duty directly caused the death of the decedent. It must be shown that the defendant’s actions or omissions were the proximate cause of the fatality. ​
4. Damages: The death resulted in quantifiable damages to the decedent’s estate and/or surviving family members. These damages can include medical expenses, funeral costs, loss of income, loss of companionship, and mental pain and suffering. ​

Who Can File a Wrongful Death Claim in Florida

In Florida, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This representative acts on behalf of the estate and the deceased’s survivors, who may include:

• Surviving Spouse: The husband or wife of the deceased at the time of death.​
• Children: Biological or adopted children of the deceased.​
• Parents: The mother and father of the deceased, particularly if the decedent was a minor.​
• Other Relatives: Blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services.​

The personal representative must list all potential beneficiaries when filing the lawsuit.

Statute of Limitations

Florida law imposes a statute of limitations on wrongful death claims, requiring that the lawsuit be filed within two years from the date of death. Failure to file within this period generally results in the loss of the right to pursue legal action. ​

Recoverable Damages

​In a Florida wrongful death lawsuit, surviving family members and the decedent’s estate may recover various types of damages to compensate for both economic and non-economic losses resulting from the untimely death. The recoverable damages include:​

1. Loss of Support and Services

Surviving family members can recover the value of lost support and services from the date of the decedent’s injury to their death, as well as future loss of support and services. This encompasses financial contributions and household services the decedent would have provided. ​

2. Loss of Companionship and Protection

The surviving spouse may recover for the loss of companionship and protection provided by the decedent. ​

3. Mental Pain and Suffering

The surviving spouse and children may recover for mental pain and suffering from the date of injury. ​

4. Loss of Parental Companionship, Instruction, and Guidance

Minor children of the decedent, and all children if there is no surviving spouse, may recover for loss of parental companionship, instruction, and guidance. ​

5. Medical and Funeral Expenses

Survivors who have paid medical or funeral expenses due to the decedent’s injury or death may recover those expenses. ​

6. Loss of Earnings

The decedent’s estate may recover the loss of earnings from the date of injury to the date of death, less any amounts lost during the period. ​

7. Loss of Prospective Net Accumulations of the Estate

The estate may also recover for the loss of prospective net accumulations, which are the potential savings the decedent would have accumulated if they had lived. ​

These damages aim to address the financial and emotional hardships experienced by the decedent’s survivors due to their loss.

Understanding these elements is crucial for those considering a wrongful death claim in Florida, as it provides a foundation for navigating the legal process during a challenging time.

Do I Have a Wrongful Death Case in Sarasota, FL?

Before you speak with a law firm, you may want to seek further information on wrongful death in Sarasota, FL.

First, it’s important to clarify what constitutes a wrongful death. In general terms, a wrongful death occurs due to another person’s negligent or “wrongful” act. In legal terms, these acts are common causes of wrongful death:

• Negligence (i.e., reckless driving).
• Assault and battery.
• Accidental death that occurs while committing another crime (i.e., robbery).
• Vehicular manslaughter.
• Manslaughter.
• Murder.

If your loved one died as a result of one of these acts, you might have grounds, on behalf of your family, by law, to sue the individual who committed this act against your loved ones.

Both the executor of the deceased person’s estate and the decedent’s remaining family members (usually close relatives) can file a wrongful death suit.

To determine whether you have a wrongful death claim in Sarasota, FL, you should understand the Florida Wrongful Death Act law and what it states regarding your possible case. If you are uncertain, contact a wrongful death claim lawyer in Sarasota, and they will help guide you through your rights. The sooner you contact a wrongful death claim lawyer, the better the chances of winning your case. A wrongful death attorney will be knowledgeable, and they will know the ins and outs of Sarasota law.

Contact The Law Firm today for free legal advice in Sarasota, FL.

Examples of Wrongful Death Lawsuits in Sarasota, Florida

Two doctors discuss a medical diagnosis.

In 2014 nearly six million dollars’ worth of damages were awarded to a woman after her mother died from cancer of the lungs as a result of smoking. The court found that there was enough evidence to show that the woman had suffered damages by losing her parent. She claimed she had lost guidance and support and that the death had severely damaged her mental health.

The law in Sarasota, FL, states that in any wrongful death claim, the compensation can be decreased if the deceased party was at fault in some way. The court decided that as the woman’s mother had decided to carry on smoking, she was 25% responsible, so the settlement was reduced to $4.5 million. Furthermore, another $14 million in punitive damages were awarded to the woman, but in 2016, an appellate court reversed that particular decision.

How Does Florida’s Wrongful Death Statute Work?

The Florida Wrongful Death Act (Section 768.21) outlines how a surviving family member can seek damages in a wrongful death case. The law states that survivors,

“may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”

That means that you, as the surviving family members in Sarasota FL, may receive monetary compensation equal to the total value of support from the day of your loved one’s injury to the date of their death. The law also allows for compensation for future damages resulting from the loss of the accident.

To determine whether you are eligible to file a wrongful death suit in Sarasota, FL, you must have one of the following relationships to the deceased:

• A person suing for emotional and financial support due to damages from the loss of their spouse.
• A minor child receiving compensation for the loss of their parent and financial guardian.
• Adult children suing if there are no minor children and if the deceased person has no living spouse.
• Parents suing for mental pain due to the loss of their minor child.
• Parents suing for mental anguish due to the loss of their adult child, as long as the adult child has no other surviving family members, such as children or a spouse.

In a wrongful death, you can sue for specific damages in Sarasota, FL, like the following:

• Reimbursement for the cost of funeral expenses or medical bills.
• Lost wages that the deceased would have provided.
• Emotional support or mental anguish due to the loss of companionship.
• Loss of net income from an estate.

If you proceed with a wrongful death suit, the legal process determines your exact amount of compensation based on:

• Your relationship with the deceased person.
• The total value of the deceased person’s income.
• The overall value (emotional and financial) of the deceased person to the survivor.

What to Do After a Fatal Car Accident Involving a Family Member

Reckless or negligent driving is one of the most common reasons to file a wrongful death suit in the United States. In 2018, 33,654 fatal car accidents occurred in the U.S., and more than 3,000 deaths took place in Florida. The number of personal injury lawsuits as a result of car accidents is also shockingly high in Sarasota, FL.

It’s hard to think about legal consequences in the wake of your loved one’s death, but if you want to receive compensation for their lost support, you must seek legal support from an experienced lawyer. You must first legally establish a personal representative of your loved one’s estate to file suit so that your family can take control, as opposed to leaving matters up to a judge.

If your family member did not leave behind a will, you should discuss the facts of your case with a wrongful death attorney. Without a will, you will have to go through the probate court process, whose laws will dictate how your deceased family members’ assets are divided among their survivors. However, state law does make sure that the deceased person’s spouse and children retain some rights to their assets.

There may also be exemptions to the wrongful death law in Sarasota, Florida, that will catch you off-guard. For example, a clause known as the ‘free kill’ exemption prevented the surviving family members of a massage therapist from receiving compensation because only a minor child or a spouse can file a suit in cases of medical negligence.

For your peace of mind, you should consult a qualified Sarasota personal injury lawyer at The Law Place as you consider a legal suit. We offer a free consultation, so you have nothing to lose.

Finally, remember that there is a time limit, also known as the statute of limitations, on wrongful death lawsuits. Under the Florida Statutes law, you have two years from the date of the accident to make a claim. After this period has elapsed, you will forever be barred from making a claim for that incident in Sarasota and across Florida.

Attorney Profiles

David Haenel

David Haenel brings over 20 years of legal experience to wrongful death cases in Sarasota. A graduate of Widener University School of Law, David is highly recognized for his meticulous approach and compassionate representation. His expertise in complex personal injury and wrongful death cases has resulted in millions of dollars recovered for his clients. David is a proud member of the Florida Justice Association and has been consistently rated among the top attorneys by AVVO and Super Lawyers.

Darren Finebloom

With nearly two decades of legal practice, Darren Finebloom specializes in wrongful death litigation. Darren graduated from Cleveland State University’s Cleveland-Marshall College of Law and has since earned recognition for his aggressive yet empathetic courtroom approach. His ability to handle sensitive wrongful death cases with care and effectiveness has earned him accolades from Super Lawyers, and a prestigious AV Preeminent rating from Martindale-Hubbell.

AnneMarie Rizzo

AnneMarie Rizzo has dedicated her career to advocating fiercely for families affected by wrongful death. She holds a Juris Doctor from the University of Florida Levin College of Law and is well-known for her exceptional negotiation skills and compassionate client advocacy. AnneMarie is an active member of the Florida Bar and the Sarasota County Bar Association, consistently praised by her clients for her warmth, responsiveness, and determination in pursuing justice.

Client Testimonials & Successful Case Results

Client Testimonials:

• “David and his team are truly phenomenal. After losing my husband, their compassion and professionalism guided me through the hardest time in my life. Their persistence secured justice for our family. Highly recommend The Law Place.” – Anne L. Weintraub
• ” Great and professional service, easy and flawless communication. Highly recommended.The staff are EXTREMELY helpful and kind. Thank you Annmarie, Jeanna and Karla.” – Emilia Z.
• “The Law place was there for me every step of the way. Having a thorough understanding of the process, they guided me through each step of the way and answered all my questions promptly.I would recommend this law firm.” – Beverly Brown

Successful Case Results:

• $2.5 Million – Achieved in a wrongful death lawsuit involving a fatal trucking accident on I-75, despite the trucking company’s attempts to deny liability.
• $1.8 Million – Recovered for the family of a young father fatally injured due to medical negligence at a Sarasota hospital, after proving systemic negligence.
• $3.1 Million – Settlement secured for the family of a teenager tragically killed by a drunk driver, demonstrating clear liability and significant punitive damages.

FAQ – Sarasota Wrongful Death Lawyer

What is a wrongful death lawsuit?

A wrongful death lawsuit is a legal action filed when an individual’s untimely death is caused by someone else’s negligence or intentional act. It allows the victim’s family to seek compensation for their losses.

How does Florida’s Wrongful Death Act impact such claims?

Florida’s Wrongful Death Act governs wrongful death claims. It outlines who can file a claim, what damages can be sought, and the legal procedures involved.

What are wrongful death damages in Florida?

In Florida, wrongful death cases include damages such as medical expenses, funeral and burial costs, lost future income, loss of parental companionship, and emotional pain and suffering experienced by the victim’s family.

Who can seek compensation in a wrongful death lawsuit?

The victim’s blood relatives, including spouses, children, and parents, as well as adoptive siblings, may seek compensation for their financial and emotional damages.

What should I do after a fatal accident caused by someone else’s negligence?

Gather evidence, such as accident reports, medical records, and witness statements, to support your claim. Then, consult with an experienced wrongful death lawyer to discuss your legal options.

How does a wrongful death lawsuit work in civil court?

A wrongful death lawsuit typically involves filing a complaint, gathering evidence, negotiations with the insurance company, and possibly going to court if a settlement is not reached. An experienced attorney can guide you through this process.

Why do I need experienced legal representation?

A skilled wrongful death lawyer can ensure your rights are protected, advocate on your behalf, and navigate the complexities of the legal system. Their expertise is invaluable in securing the compensation you deserve.

Can financial dependence on the decedent be considered in a claim?

Yes, if you were financially dependent on the deceased, you may seek compensation for the loss of their financial support.

Can I file a claim even if the victim’s death was due to a criminal act?

Yes, a wrongful death claim can be filed regardless of whether the death resulted from a criminal act. The civil lawsuit is separate from any criminal charges.

How can I get started with a wrongful death claim in Sarasota?

Contact a Sarasota wrongful death lawyer for a free consultation. They will assess your case, explain your legal options, and guide you through the process of seeking compensation for your tragic loss.

Contact Our Wrongful Death Attorneys for Help

Although no amount of money can ever replace your loved one, getting legal justice for them in court can provide closure for your family. The compensation you receive can also serve as a lifeline, especially if you’re struggling to make ends meet in the absence of your family members’ income.

If you believe that your loved one died as a result of a wrongful act, call our team of Sarasota wrongful death lawyers at The Law Place to schedule a free consultation. Our law firm is available to answer questions 24/7, and we cover both Sarasota and the rest of Florida. We’ll help you formulate a legal strategy as you move forward during this difficult time. Just call us today on (941) 444-4444.

Contact The Law Place Today

If you’ve lost a loved one due to someone else’s negligence, the attorneys at The Law Place are here to offer you compassionate support and powerful legal advocacy. We understand that no financial compensation can truly replace your loved one, but securing justice can provide peace and closure.

Call us now at (941) 444-4444 for a free, confidential consultation, or fill out our online form. Our dedicated wrongful death attorneys in Sarasota are ready to listen, advise, and help your family through this difficult time. Let us handle the legal complexities while you focus on healing.

The Law Place
1414 S Tamiami Trail, Sarasota, FL 34239
Email: info@thelawplace.com
Phone: (941) 444-4444