Wrongful Death Lawyer in Ormond Beach, FL

If you have lost a loved one as a result of another party’s negligence or intentional misconduct, you may have questions about how and why this happened. You might have concerns about how the loss of your loved one’s household income will affect the lives of those who depended on them for support.

Although nothing will undo the loss of a loved one, Florida civil law allows you to seek justice and hold those at fault accountable. This can help your family have financial security after the loss of a loved one.

At Chiumento Law, our dedicated Ormond Beach attorneys have nearly 50 years of experience helping individuals and families overcome life’s toughest challenges.

Our compassionate Ormond Beach wrongful death attorneys are ready to answer your questions and discuss your legal options when you reach out for an initial consultation. We offer a free case review with no obligation. Don’t hesitate to call us at (386) 445-8900 or fill out our online contact form today.

What Is a Wrongful Death Claim?

Under Florida law, wrongful death is defined as any death caused by:

• The wrongful act of another party
• The negligence or default of another party
• Another party’s breach of contract or warranty

When the circumstances surrounding a person’s death would have entitled them to file a personal injury claim if they had lived, there may be grounds to file a wrongful death claim. A wrongful death claim is a civil action in which the survivors seek financial compensation on behalf of their deceased loved one.

Wrongful Death Law in Florida

In Florida, the personal representative of the deceased person has the authority to file a wrongful death claim on behalf of the surviving family members.

If the deceased person left a will, the executor named to administer the estate commonly acts as the personal representative in any wrongful death action. If the deceased did not leave behind a valid will, or the nominated executor cannot serve as a personal representative, a judge can appoint another individual to serve.

When a personal representative files a wrongful death claim, the representative acts on behalf of the deceased person’s estate and the surviving beneficiaries.

Types of Wrongful Death Cases in Ormond Beach, FL

There are three key types of wrongful death cases in Ormond Beach. The first and most common type includes wrongful deaths due to negligence.

Examples of negligence-based wrongful deaths include:

• Car, truck, and motorcycle accident fatalities
• Bicycle and pedestrian accident fatalities
• Construction site or workplace accident fatalities
• Slip and fall or unsafe premises fatalities
• Dog bite or animal attack fatalities
• Nursing home abuse or neglect fatalities
• Defective product or dangerous drug fatalities

The second category of wrongful deaths includes deaths that result from medical malpractice.

Fatal injuries or conditions can arise due to malpractice, such as:

• Misdiagnosis, delayed diagnosis, or failure to diagnose cancer or other conditions
• Surgical errors such as operating on the wrong body part
• Prescribing or administering incorrect medications or dosages
• Inadequate prenatal, fetal, or post-natal monitoring
• Failure to properly prevent or treat infections
• Failure to warn patients of known medical risks

The final category includes wrongful deaths caused by intentional wrongful acts, including criminal acts.

Examples include fatalities due to:

• Gun or weapons violence
• Armed theft or mugging
• Intentional vehicular homicide
• Domestic violence and abuse
• Other malicious activities

What Damages Are Available in a Wrongful Death Claim?

Depending on the circumstances, the court may award compensation for the following in a wrongful death claim:

• Reasonable medical and funeral expenses paid by relatives or the estate
• The anticipated or actual loss of the services and support of the deceased
• The loss of the lifetime wages and benefits the deceased would have earned
• The intangible cost of the grief and loss suffered by surviving loved ones
• The intangible cost of the loss of consortium suffered by surviving spouses
• The intangible cost of the pain and suffering the victim endured before death

In certain cases, punitive damages may also be ordered to punish the wrongdoer for outrageous and intolerable conduct. If extreme recklessness or intentional malice contributed to the wrongful death, the court may order the at-fault party to pay punitive damages to discourage similar behavior in the future.

How Long Does It Take to Settle a Wrongful Death Claim?

No two wrongful death claims are alike, so there’s no way to predict exactly how long a case will take to resolve.

Generally speaking, the following factors play a role in determining the length of a given claim:

• The value of your claim (resolving high-value claims is usually more complicated)
• Disputes regarding who is liable for the wrongful death
• Whether the at-fault party is also subject to criminal charges
• Whether survivors of the deceased work with a wrongful death attorney

An insurance company may offer a quick settlement before you have even consulted an attorney. Quick settlement offers are generally low offers that are a fraction of the fair value of the wrongful death claim. By making a quick offer, the insurer is seeking to close a case quickly and limit its liability.

You should have an experienced Ormond Beach wrongful death lawyer review any offer you receive and discuss whether it is a reasonable offer. It’s best to have an experienced attorney represent you in negotiations with the insurance company.

Who Is Entitled to Wrongful Death Compensation?

The following survivors and dependents may be eligible to seek compensation in a Florida wrongful death claim:

• The surviving spouse and minor children of the deceased
• Surviving adult children of the deceased, if there is no spouse
• Surviving parents of the deceased, if the deceased was under 25
• Surviving relatives, who were partially or entirely dependent on the deceased for support

Why Hire a Lawyer for a Wrongful Death Claim?

Wrongful deaths can involve complicated and time-sensitive legal matters. A knowledgeable wrongful death lawyer can help you navigate this complex and emotionally draining process by conducting an independent investigation into your loved one’s death and seeking all relevant evidence to build a persuasive case for compensation.

Furthermore, your lawyer can act as your personal representative by communicating with other attorneys, negotiating with insurance companies, and representing you and your loved one at trial, if necessary. Our attorneys are successful in resolving most cases without a trial.

Contact an Ormond Beach Wrongful Death Lawyer Today

At Chiumento Law, our Ormond Beach injury attorneys are committed to going above and beyond for our clients. Let us put our skills and experience to work for you. Call us today at (386) 445-8900 or contact us online for a free initial case review to learn what we can do for you.