Williston Wrongful Death Attorney
Compassionate & Experienced Legal Counsel for Fatal Accidents
When a loved one is taken from us too soon because of someone else's negligence, it can be difficult to know what to do next. The last thing you want to think about is filing a lawsuit, but doing so can be an important step in helping your family find closure and the financial stability you need to move forward.
At Schackow & Mercadante, our Williston wrongful death attorneys are here to help you navigate the legal process and fight for the justice you and your family deserve. We understand that no amount of money can bring your loved one back, but we also know that the sudden loss of a family member can put a major financial strain on your family, making it nearly impossible to pay the bills and make ends meet. Our firm can help you seek justice and the fair financial recovery you and your family are owed.
What is Wrongful Death?
Wrongful death is a specific type of civil action that is filed when a person's death is caused by another person's wrongful act, negligence, or default. These claims are similar to personal injury claims, but they are filed by the deceased person's surviving family members, not the deceased person themselves.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, a wrongful death lawsuit can typically be filed by the personal representative of the deceased person's estate. The personal representative is usually named in the deceased person's will or appointed by the court if there is no will. If the deceased did not have a will and there is no appointed personal representative, the court may appoint one.
As for the beneficiaries of a wrongful death lawsuit in Florida, they are outlined in the Florida Wrongful Death Act. The beneficiaries typically include:
- Spouse: The surviving spouse of the deceased person is usually the primary beneficiary in a wrongful death lawsuit.
- Children: If the deceased person had surviving children, they are also considered beneficiaries.
- Parents: If the deceased person had no surviving spouse or children, the parents of the deceased may be considered beneficiaries.
- Other Dependents: In some cases, other dependents who relied on the deceased person for support or services may be eligible as beneficiaries.
What Damages Are Available in a Wrongful Death Claim?
In a wrongful death claim, you may be able to recover a wide range of damages on behalf of your deceased loved one and your family. These are divided into two categories: damages available to the estate and damages available to the surviving family members.
Examples of damages available to the estate include:
- Medical expenses incurred as a result of the deceased person's injuries
- Funeral and burial expenses
- Lost wages and other employment benefits the deceased person would have reasonably been expected to earn if they had lived
Examples of damages available to the surviving family members include:
- The value of support and services the deceased person would have provided to their family members if they had lived
- The loss of the deceased person's companionship, guidance, and protection
- Pain and suffering experienced by the surviving family members as a result of the deceased person's death
Surviving spouses may also be able to recover compensation for the loss of their deceased spouse's companionship and for their mental pain and suffering.
“I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.”
If your loved one was killed because of someone else's negligence, you may be wondering whether or not you need to hire a Williston wrongful death attorney. The answer is: yes. While you are not legally required to have an attorney represent you, it is in your best interests to do so.
The legal process is extremely complex, and the insurance company will do everything in its power to pay you as little as possible. Having an experienced attorney on your side can help level the playing field and ensure your rights are protected.
When you hire our firm, you can expect the following:
- Compassionate, personalized attention: We understand that this is a difficult time for you and your family. Our attorneys are here to provide the compassionate legal counsel you need, every step of the way.
- Open and honest communication: Our firm is committed to providing our clients with the highest level of legal service possible. We will keep you informed about any and all updates in your case and will always be available to answer your questions.
- Aggressive, results-driven representation: We know how to effectively negotiate with the insurance company and fight for the justice you deserve. While we are often able to negotiate a favorable settlement, we are never afraid to take a case to trial if it is in our client's best interests.
Our firm has been serving the legal needs of clients throughout the state of Florida for nearly 60 years. We have earned a reputation as fierce advocates for the injured and the wronged, and we are prepared to fight for you.
Personalized Advice & Concierge Level Experience
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Over 125 Years of Combined Experience
Practicing in The Gainesville Area 55+ Years