Wrongful Death

Seeking Justice When a Loved One is Lost With The Villages Wrongful Death Attorney

Losing a loved one due to another person’s careless behavior can be devastating. When someone dies in a wrongful death, family members face a sudden loss of love, support, and guidance. They must navigate their grief while also learning to build a future without that person. Our wrongful death attorneys at Whittel and Melton can help you and your family make sense of the legal and financial aspects of your loss by seeking monetary compensation from any responsible party.

An Experienced Wrongful Death Law Firm

At Whittel & Melton, our compassionate team of wrongful death lawyers can help families who have lost loved ones due to someone else’s negligence secure the financial damages needed to adjust and move forward with their lives. If your family has suffered the loss of a loved one because of someone else’s reckless behavior or because of an unintentional catastrophe, a medical tragedy, a work-related injury, a defective product, or any other wrongful act, contact our office today. In Florida, wrongful death lawsuits can be filed against insurance companies, corporations, hospitals, doctors, employers, and others. Typically, immediate family members of the deceased have the right to initiate the lawsuit. They may receive compensation for pain and suffering, lost wages, medical expenses, and burial costs.

Filing a Lawsuit in Florida

In Florida, family members have just two years from the time of death or discovery of death to file a Florida Wrongful Death Lawsuit against any liable parties. In general, husbands, wives, sons, daughters and parents have priority in wrongful death claims. However, if the deceased had no immediate family members then brothers, sisters, grandchildren, aunts, uncles, financial dependents and other relatives may file to recover damages.

Wrongful death cases in The Villages can include, but are not limited to:

• Automobile Accidents
• Boating Accidents
• Truck Accidents
• Workplace Accidents
• Medical Mistakes
• Nursing Home Negligence
• Defective Products
• Exposure to Hazardous Materials
• Slip, Trip and Fall Accidents

If you lost a loved one, it is important to speak with a wrongful death attorney in The Villages as soon as possible. Whittel & Melton can start investigating the events surrounding your loved one’s death right away. We will interview any witnesses and negligent parties and depending on the specifics related to your wrongful death claim, we can work with experts including accident reconstructionists, engineers, forensic pathologists, product design experts, medical specialists, construction site experts and OSHA experts that can obtain, preserve and review the evidence for your case.

Who Can File a Wrongful Death Claim in Florida?

Florida law requires that the decedent’s personal representative file a wrongful death claim. The personal representative files on behalf of the family members who are eligible to receive compensation and on behalf of the decedent’s estate. If the claim is successful, the settlement or damages will be distributed to eligible family members and the decedent’s estate.

A “personal representative” is the person who is responsible for administering a decedent’s final affairs. If your loved one prepared a will, then his or her will should designate a personal representative. If there is no will, a court must appoint a personal representative. We can assist with identifying your loved one’s personal representative, and we encourage you to speak with The Villages wrongful death attorney regardless of whether you know who will need to file a claim on your behalf.

What Compensation is Available to Eligible Family Members?

Different family members are entitled to receive different forms of financial compensation under Florida’s wrongful death statute. For example, while “[e]ach survivor may recover the value of lost support and services,” only the decedent’s surviving spouse can recover for, “loss of the decedent’s companionship and protection.” Eligible children can recover for, “lost parental companionship, instruction, and guidance,” and spouses, children, and parents can recover for “mental pain and suffering.”

There are some limitations to these general rules, and there are various other specific rules regarding family members’ eligibility for financial compensation as well. Separately from individual family members’ claims, damages that the personal representative can recover on behalf of the decedent’s estate include:

• Loss of earnings prior to the date of death;
• Loss of prospective future earnings; and,
• Medical and funeral expenses paid by the decedent or charged against the decedent’s estate.

While it is all fairly complicated, The Villages wrongful death attorney can handle your claim for you and ensure that all available compensation is sought on behalf of all eligible members of your family.

How Can The Villages Wrongful Death Attorney Help With Your Claim?

In addition to determining who is eligible to receive compensation, there are numerous other ways that our attorneys in The Villages can assist with your family’s wrongful death claim as well. For example, when you choose Whittel & Melton, LLC to represent you, our attorneys will:

• Identify your loved one’s personal representative;
• Conduct an investigation to collect evidence and establish liability;
• Accurately calculate the compensation that is available to each member of your family under Florida law;
• Pursue all available claims on your family’s behalf; and,
• Advise you regarding settlement opportunities and fight for compensation in court if necessary.

Losing a loved one too soon is a tragedy. The recovery process will take time, and you and your loved ones will need help along the way. At Whittel & Melton, LLC, we are here to help, and we encourage you to schedule a free consultation with one of our wrongful death attorneys in The Villages today.

Ease Your Grief With a Free Consultation With The Villages Wrongful Death Attorney

The Villages Wrongful Death Lawyers at Whittel & Melton understand that losing someone close to you is distressing for you and your entire family. Let us make sure that your rights, benefits and legal solutions are safeguarded so that you and your family can adjust and focus on healing. To schedule your free face-to-face consultation, contact Whittel & Melton, LLC online or call us in The Villages at 352-369-5334. If you are unable to make it into our office, we can travel to you to discuss your legal matter 24 hours a day, seven days a week.