Injury Law Firm
Serving The Villages
Losing a loved one due to another person’s careless or negligent behavior can be devastating. When someone is killed in a wrongful death accident, family members suddenly suffer the loss of love, friendship, security, guidance and possibly even financial support. In addition to dealing with the emotional grief, family members must focus on moving into the future without someone they are used to having around. In these tough times, The Villages wrongful death attorney at Whittel and Melton can help you and your family make sense of the legal and financial aspects of your loss by seeking financial compensation from any responsible party.
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. A wrongful death lawsuit in Florida can be brought against insurance companies, major corporations, hospitals, doctors, employers and other possible wrongdoers. In most wrongful death actions immediate family members of the deceased are entitled to file suit and may recover monetary damages for pain and suffering, lost wages, medical bills, mental and emotional anguish, burial expenses and other costs related to the situation.
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:
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.
Florida law requires that a wrongful death claim be filed by the decedent’s personal representative. 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 amount of the settlement or the damages awarded are then distributed to the 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 your loved one did not leave a will, then a personal representative will need to be appointed through the courts. 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.
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:
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.
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:
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.
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.