Spring Hill Wrongful Death Attorneys

There is no shortage of places to visit and things to see in Spring Hill. While this keeps area residents entertained and provides a reason for tourists to come, it draws people into potentially dangerous situations, such as driving on congested roadways, visiting hotels and businesses where property hazards await, and much more.

Unfortunately, not all injuries sustained from these hazards are recoverable, and unintentional injuries are the leading cause of death for Florida residents under 45.

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If you lost a loved one due to an accident caused by someone else’s carelessness or recklessness, Lucas, Macyszyn & Dyer Law Firm’s Spring Hill wrongful death lawyers can seek compensation for your losses.

Our compassionate lawyers have helped many people like you. We cannot fill the emotional or personal holes left by the loss of your loved one. The loss of your loved one’s income, however, can leave huge financial gaps in your family’s budget. By pursuing a wrongful death claim for you, we can win your family justice by forcing the at-fault party to pay for the income and benefits your loved one would have provided over the life they might have led but for the accident.

We know you’re grieving, but call us before evidence disappears and legal deadlines pass so that we can recover everything your family deserves.

What Constitutes Wrongful Death in Florida?

Top-100-Trial-LawyersFlorida law defines wrongful death as a death that occurs due to “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued.”

There are several circumstances in which a wrongful death can occur in Spring Hill, including:

  • Motor vehicle accidents: There are several dangerous intersections in and around Spring Hill, including the intersection of Linden and Coronado, where neighbors say there are many accidents related to high speed and stoplight running. More than 2,400 car accidents occur in Hernando County each year, resulting in more than two dozen deaths. These deaths involve the occupants of cars, motorcyclists, bicyclists, and pedestrians.
  • Premises liability issues: The owners or possessors of commercial, public, and residential properties in Spring Hill are responsible for regularly inspecting their property in search of hazards that can cause injuries to guests. If they find hazards, they must promptly mitigate them and warn guests of the danger if they cannot immediately repair or remedy the issue. Common types of premises liability issues that can cause the death of a visitor include slip and fall accidents, swimming pool accidents, fires, amusement park accidents, negligent security, and animal attacks.
  • Defective foods, medications, and products: Manufacturers are responsible for ensuring that the products, foods, and medications they make available for consumers are reasonably safe when used according to labeled instructions. Three product defects can lead to death and result in a wrongful death product liability claim, including defective designs, manufacturing defects, and labeling defects. Some common defective products in these claims include dangerous food items, medications, children’s clothing and toys, automotive parts, and appliances.
  • Nursing home negligence. Spring Hill contains more than a dozen nursing homes, with many more in the surrounding area. Nursing homes that receive funding through Medicare/Medicaid are subject to annual inspections and even fines for failing to provide their elderly and vulnerable residents from becoming injured due to abuse or neglect. Unfortunately, understaffing is a common issue in nursing facilities. It can lead to errors and the inability of staff to provide the care that residents are entitled to receive through federal and state nursing home laws.

The Financial and Psychological Impacts of a Wrongful Death

Losing someone unexpectedly can cause economic and emotional suffering for loved ones. First, there are immediate financial costs, such as funeral services and burial or cremation. The average funeral in Florida costs about $6,500, with additional costs for a casket, burial plot, and gravemarker. Additionally, the family can face the cost of medical expenses incurred in providing treatment for the decedent before death.

If the deceased party was an income earner for their household, family members could find themselves dealing with financial difficulties due to the loss of support provided by the decedent.

This loss can also include the cost of benefits obtained and shared with the family—such as health insurance coverage—that is no longer available. The impacts of the death spread far into the future for many families, as they lose the net accumulations to the estate and potential inheritance for the deceased’s children that would have been built up through the course of a career if they had survived.

For most families, the financial impact of the loss takes a backseat to the profound psychological effects. For the deceased’s spouse, the death marks the loss of love, companionship, consortium, comfort, and society. There is a loss of love, nurturing, guidance, and instruction for children who have lost a parent due to someone else’s negligence. Parents who have lost a child suffer extraordinary mental pain.


Seeking Compensation for Your Loss

While money cannot bring back what a family loses when a wrongful death occurs, it can help the family regain secure financial footing and address their emotional impacts. Family members in Florida who have lost a loved one can seek compensation for their loss’s financial and psychological effects through the wrongful death claims process.

The wrongful death claims process often begins when the family seeks the assistance of an experienced Spring Hill wrongful death lawyer. The lawyer can analyze the details of the accident that resulted in death and help the family determine liability for that accident and available insurance resources that can provide compensation.

According to Florida’s wrongful death law, the family members themselves cannot file a claim. Instead, the executor of the deceased’s estate can file the claim on behalf of the deceased’s beneficiaries.

The claim is initially filed with the provider of a liability insurance policy held by the at-fault party.

For example, you would file a claim against the at-fault driver’s auto liability insurance policy if the death occurred due to a car accident.

If a premises liability issue caused the accident, you would file a claim against the at-fault party’s homeowners, renters, or business liability insurance.

If the accident involved the negligence of a government employee or staff, you would file a claim against that agency or its insurance provider.

When the insurance provider receives the claim, they can opt to either pay it, deny it, or offer a settlement for less than the value of the claim. If they fail to pay the claim or make a fair settlement offer, you would file a wrongful death lawsuit.

The Statute of Limitations and Its Importance to Your Claim

A statute of limitations is a deadline set by lawmakers in a state regarding the length of time individuals have to file a claim. In Florida, the statute of limitations for wrongful death claims is two years from the date of death. This is a critical deadline, as failing to file your claim as a lawsuit within that timeframe generally will result in the loss of the right to use the court system to seek compensation.

Without the threat of a lawsuit, most insurance providers will not offer an out-of-court settlement because there is no financial reason for doing so.

Can I Seek Compensation for a Wrongful Death from a Car Accident Through PIP?

Many individuals feel like the easiest route for obtaining compensation for their injuries is through their personal injury protection (PIP) policy. In Florida, drivers must purchase a PIP policy of at least $10,000 to provide partial coverage of medical expenses and wage loss after an accident, regardless of fault. This coverage extends to members of the driver’s household.

PIP policies in Florida also provide a $5,000 death benefit for family members of a deceased person named on the policy.

While the PIP death benefit is certainly an option for seeking compensation, wrongful death claimants can file a lawsuit in addition to the PIP benefit to pursue an expanded list of items they can obtain compensation for, such as the non-economic impacts of the loss.

While those who are injured can only use the personal injury claims process to seek compensation for their injury if the injury meets the state’s serious injury definition, this is not an issue for wrongful death claimants, as death meets the threshold.

Proving Liability

For a successful outcome to a wrongful death claim, the claimant’s attorney must show that someone else’s negligence caused the deadly accident.

Your lawyer does this by presenting evidence and witness testimony that shows:

  • In a given circumstance, the at-fault party had a duty to take reasonable actions to avoid causing physical injury or property damage to someone else. For example, in a car accident claim, the at-fault party’s duty was to drive their vehicle safely and legally. In a medical malpractice claim, the at-fault provider must provide an established standard of care to prevent their patient from incurring harm.
  • There was a breach in this duty of care that resulted from the at-fault party taking actions (or failing to act) contrary to avoiding causing harm to others.
  • This breach resulted in an accident where the decedent suffered injuries that resulted in death.

How a Spring Hill Wrongful Death Lawyer Can Help With Your Claim?

A Spring Hill wrongful death lawyer can provide several services to help the family members obtain needed compensation after losing a loved one due to negligence.

In addition to determining liability and insurance resources, an attorney can:

  • Develop a value to the claim based on available insurance resources, the expenses the family members or the estate incurred due to the loss, and the psychological impacts of the loss.
  • Manage communication with the at-fault party’s insurer to negotiate a settlement and protect the claim’s value from being degraded by common insurance company tactics.
  • Gather the evidence and witness testimony needed to prove liability and expenses.
  • Tell clients how much they deserve, the process for obtaining compensation, and what constitutes a fair settlement offer for the claim. All decisions are the client’s to make. The attorney’s role is to help the client understand enough about the process that they can make decisions that reflect their best interests.
  • Managing the claim timelines to preserve the client’s right to use the court system to seek compensation through a lawsuit.
  • Preparing the case for trial, including obtaining evidence and witness testimony and preparing evidence exhibits.
  • Litigating the claim if you cannot settle before the trial date.
  • Collecting the proceeds of a negotiated settlement or court award. Because wrongful death attorneys work on a contingent fee basis, they are not paid for their services until compensation is received. At that point, they obtain a percentage of the award, as agreed upon when the attorney first begins working on the case. The attorney will also help the family by satisfying any liens against the award from hospitals or insurance groups. The remainder of the compensation will be given to the client to provide to the decedent’s beneficiaries.

Our Spring Hill Wrongful Death Lawyers Fight For You

Our skilled Spring Hill wrongful death attorneys at Lucas, Macyszyn, & Dyer Injury Firm are there for you every step of the way after the death. Our team can help coordinate the medical care and transportation you need while you try to restore your regular life.

We will fight for the best financial recovery possible for your case. Call us today at (352) 686-0080 or contact us online to schedule a free case evaluation.

Lucas, Macyszyn, & Dyer Injury Firm – SPRING HILL OFFICE

Hernando County
2190 Commercial Way
Spring Hill, FL 34606

Phone: 352.686.0080

Wrongful Death Attorney in ​Spring Hill, FL Nicholas Ottaviano

Testimonials

I would highly recommend Lucas and Magazine. Everyone that I spoke to helped me along the process. I’d have to say Josephine was my main contact. She is so understanding and helpful. I thought my experience was very professional and that I was a valued client. Absolutely 5 stars ⭐️!