West Central Florida Wrongful Death Lawyer

Losing a loved one is devastating under any circumstances. When that loss is caused by someone else’s negligence or wrongdoing, the grief is compounded by a sense of injustice that families should not have to carry alone.

At Lucas, Macyszyn & Dyer, Injury Lawyers, we help families across West Central Florida pursue wrongful death claims. We cannot undo the loss, but we fight to hold the responsible parties accountable and recover the compensation your family needs and deserves. If your loved one died as a result of someone else’s carelessness or recklessness, contact us today for a free consultation.

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What Constitutes Wrongful Death in Florida?

Florida 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.”

Common circumstances giving rise to a wrongful death claim include:

  • Motor vehicle accidents: Car accidents, truck collisions, motorcycle crashes, and pedestrian and bicycle accidents involving negligent drivers are among the most common causes of wrongful death. When a driver’s failure to operate their vehicle safely results in a fatality, the surviving family may have a wrongful death claim.
  • Premises liability: Property owners and occupants have a duty to maintain their properties in a reasonably safe condition for guests. Deaths resulting from slip and fall accidents, swimming pool accidents, fires, negligent security, or animal attacks on someone else’s property can give rise to wrongful death claims.
  • Defective products, medications, and foods: Manufacturers are responsible for ensuring the safety of their products when used as intended. Design defects, manufacturing defects, and labeling failures can all cause fatal injuries. Common claims involve dangerous medications, defective automotive parts, and unsafe children’s products.
  • Nursing home negligence: Nursing facilities have both federal and state obligations to protect the health and safety of their residents. Understaffing, abuse, and neglect that causes a resident’s death can form the basis for a wrongful death claim against the facility and its operators.

The Financial and Psychological Impacts of a Wrongful Death

A sudden loss creates immediate financial burdens alongside profound grief. Families face the direct cost of funeral services and burial or cremation, as well as medical expenses incurred before death. The average funeral in Florida costs approximately $6,500, with additional costs for a casket, burial plot, and grave markers.

If the deceased was an income earner for the household, the family faces ongoing financial hardship from the loss of income and benefits, including health insurance coverage. Over the long term, the family also loses the net accumulation to the estate and potential inheritance that would have built up over the course of the deceased’s career.

For most families, the financial impact takes a backseat to the psychological effects. A spouse loses love, companionship, consortium, comfort, and society. Children lose the nurturing, guidance, and instruction of a parent. Parents who have lost a child suffer extraordinary mental pain. All of these losses are recognized under Florida’s wrongful death law and are accounted for in a properly prepared wrongful death claim.

How the Wrongful Death Claims Process Works

How the Wrongful Death Claims Process Works

Under Florida law, family members cannot file a wrongful death claim directly. Instead, the executor of the deceased person’s estate files the claim on behalf of the deceased’s beneficiaries.

The claim is initially filed with the liability insurance provider of the at-fault party. The specific policy depends on how the death occurred:

  • If the death resulted from a car accident, the claim is filed against the at-fault driver’s auto liability insurance policy
  • In a medical malpractice case, the claim is made against the medical provider and/or healthcare facility’s insurance
  • If the death resulted from a premises liability issue, the claim is filed against the at-fault party’s homeowners, renters, or business liability insurance
  • If a government employee’s negligence caused the death, the claim is filed against that agency or its insurance provider

When the insurance provider receives the claim, they may pay it, deny it, or offer a settlement for less than the full value. If they fail to offer fair compensation, the next step is filing a wrongful death lawsuit.

The Statute of Limitations: Why Timing Matters

Florida’s statute of limitations for wrongful death claims is two years from the date of death. This is a hard deadline. Failing to file a lawsuit within that timeframe generally forfeits the right to use the court system to seek compensation.

Without the possibility of a lawsuit, most insurance companies have no financial incentive to offer a reasonable out-of-court settlement. Time also matters for evidence preservation. Witness memories fade, surveillance footage gets overwritten, and accident scene conditions change. The sooner an attorney gets involved, the stronger the case.

Can I Seek Compensation Through PIP After a Wrongful Death in a Car Accident?

Can I Seek Compensation Through PIP After a Wrongful Death in a Car Accident?

Florida requires drivers to carry personal injury protection (PIP) insurance of at least $10,000, which covers medical expenses and partial wage loss regardless of fault and extends to household members. Florida PIP policies also provide a $5,000 death benefit for qualifying family members of a deceased person named on the policy.

While the PIP death benefit is one avenue for compensation, it does not replace a wrongful death claim. Wrongful death claimants can pursue a lawsuit in addition to the PIP benefit to recover non-economic damages and other losses that PIP does not cover. Importantly, death meets Florida’s serious injury threshold, so this limitation that applies to personal injury claimants does not apply here.

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

Many individuals feel that the easiest way to obtain 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 for which they can obtain compensation, 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 in a Wrongful Death Claim

Proving Liability in a Wrongful Death Claim

For a wrongful death claim to succeed, the attorney must demonstrate that someone else’s negligence caused the fatal accident. This requires evidence and witness testimony establishing three elements:

  • Duty of care: The at-fault party had a duty to take reasonable precautions to avoid causing harm to others. A driver has a duty to operate their vehicle safely. A medical provider has a duty to follow an established standard of care. A property owner has a duty to maintain a reasonably safe premises.
  • Breach of duty: The at-fault party failed to meet that duty, either by taking an action they should not have taken or failing to take an action they should have.
  • Causation and damages: The breach of duty directly resulted in an accident in which the deceased suffered injuries that caused their death.
How a Wrongful Death Lawyer Helps Your Family

How a Wrongful Death Lawyer Helps Your Family

A wrongful death attorney provides services that most families are not equipped to manage while also grieving. In addition to identifying liability and available insurance resources, an attorney can:

  • Value the claim: Calculate the full value of the claim based on available insurance resources, expenses incurred by the family or estate, and the psychological impacts of the loss.
  • Manage communications with the insurer: Negotiate directly with the at-fault party’s insurance company to protect the claim’s value from being reduced by common insurer tactics.
  • Gather evidence: Collect the documentation, accident reconstruction analysis, and witness testimony needed to prove liability and establish damages.
  • Advise the family: Explain how much compensation the family deserves, what the process involves, and what constitutes a fair settlement offer, so the family can make informed decisions.
  • Manage deadlines: Track all filing deadlines to preserve the family’s right to pursue a lawsuit if a fair settlement is not reached.
  • Prepare for trial: Develop exhibits and litigation strategy, and litigate the case in court if necessary.
  • Distribute the recovery: Once compensation is received, satisfy any hospital or insurance liens against the award, then distribute the remainder to the estate’s beneficiaries. Because wrongful death attorneys work on contingency, no fees are charged unless compensation is recovered.
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Why Choose LMD Injury Lawyers?

 

When you’re dealing with a wrongful death claim, you need a firm with the experience, resources, and dedication to go up against insurers and other powerful parties. At LMD, you get:

  • A dedicated attorney personally handling your case from start to finish, not a call center or an assistant overseas
  • Over 100 years of combined personal injury experience across our legal team
  • More than $100 million recovered for clients throughout West Central Florida
  • A firm with a strong litigation record, including experience taking on large corporations and insurance companies
  • Offices in Spring Hill, New Port Richey, Wesley Chapel, Tarpon Springs, and Inverness, close to the communities we serve
  • A free case evaluation with no obligation
  • Contingency-based representation, meaning you pay nothing unless we recover compensation for you
Contact a West Central Florida Wrongful Death Lawyer Today

Contact a West Central Florida Wrongful Death Lawyer Today

If someone you love died because of another person’s or party’s negligence, the attorneys at Lucas, Macyszyn & Dyer, Injury Lawyers are ready to help you seek justice. Contact us today for your free case evaluation. Let us handle the legal process so you can focus on your family and your healing.