Fort Pierce Wrongful Death Attorney

Have you lost a loved one due to someone else’s negligence?  At Labovick Law Group, we specialize in wrongful death cases. Our dedicated and compassionate wrongful death attorneys in Fort Pierce are ready to take on your case, providing comprehensive legal support every step of the way.

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Wrongful death lawsuits are much different than any criminal charges the liable party may be arrested for.

Basics of Wrongful Death Law

When a loved one passes away due to the negligent, reckless, or deliberate actions of another, it can leave a deep wound in the hearts of the family members. To help these families seek justice, wrongful death laws have been established.

Elements of a Wrongful Death Claim

In wrongful death cases, the plaintiff must prove specific elements to the court. These elements are more detailed than general personal injury cases, as they directly relate to the loss of life. 

Negligence

This element requires demonstrating that the death of the victim was caused, in part or in entirety, by the carelessness, recklessness, or negligent actions of the defendant. Negligence can range from distracted driving, failing to maintain a safe environment, to professional negligence like a medical error. Evidence of negligence can be derived from police reports, eyewitness testimonies, expert witnesses, and accident reconstruction.

Breach of Duty

The plaintiff must establish that the defendant owed a duty of care to the deceased. The duty varies depending on the relationship. For instance, a driver has a duty to obey traffic laws and drive safely, a manufacturer has a duty to produce safe products, and doctors have a duty to maintain their patient’s health. Proving a breach of duty involves showing the defendant’s actions (or inactions) fell below the standard expected in that situation.

Causation

After establishing negligence and breach of duty, it is essential to show that these actions directly caused the victim’s death. This could involve proving that the injury would not have happened if not for the defendant’s negligence. Medical records, accident reports, and expert testimonies often serve as evidence in establishing causation.

Damages

The final step involves showing that the death has led to quantifiable damages. These can include medical and funeral expenses, loss of income and potential earnings, loss of companionship, and emotional distress among others. Damages are often proven through receipts, wage statements, expert testimony, and personal statements from family and friends.

Specifics of Florida Wrongful Death Statutes

Florida’s wrongful death laws are slightly unique. According to the Florida Wrongful Death Act, the personal representative of the deceased’s estate is the only person who can file a wrongful death lawsuit. These survivors can include:

  • The deceased’s spouse
  • Children
  • Parents
  • Any relative who was partly or wholly dependent on the decedent.

Time Limits for Filing a Wrongful Death Suit in Florida

The “statute of limitations” is a law that sets the maximum period that one can wait before filing a lawsuit. In Florida, a wrongful death lawsuit must be filed within two years of the date of death.

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Fort Pierce Wrongful Death Attorney

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If you are thinking about filing a wrongful death claim in Fort Pierce, there are multiple Florida wrongful death laws that you need to be aware of before you get started.

Wrongful Death Scenarios in Fort Pierce

Wrongful death can occur in a multitude of scenarios, many of which are unfortunately common in Fort Pierce. 

Medical Malpractice

Medical professionals are expected to provide a standard level of care to their patients. However, when they fail to meet this standard, the consequences can be devastating. This could involve surgical errors, incorrect medication, delayed diagnosis, or even negligence during childbirth. If a patient dies due to such negligence, their family can file a wrongful death suit with the help of a wrongful death lawyer in Fort Pierce.

Car Accidents

Fort Pierce, like many cities, sees its fair share of car accidents. When these accidents result from a driver’s negligence, such as driving under the influence, speeding, or distracted driving, and lead to a fatality, it may give rise to a wrongful death claim.

Workplace Incidents

Workplace incidents can often lead to wrongful death cases, especially in high-risk occupations like construction, manufacturing, and transport. Employers have a duty to maintain a safe working environment. If a death occurs due to unsafe work conditions, improper training, or defective machinery, the deceased’s family may have a wrongful death claim.

Criminal Acts

Although wrongful death claims are civil actions, they can also arise from criminal acts like assault, manslaughter, or even murder. A wrongful death attorney in Fort Pierce can help you navigate the complexities of a civil lawsuit, even while a criminal trial is underway.

Product Liability

Manufacturers have a responsibility to ensure that their products are safe for use. However, if a product is defective and leads to someone’s death, the manufacturer can be held liable. This might involve defective appliances, automobiles, medical devices, or even harmful drugs.

The Value of a Wrongful Death Attorney in Fort Pierce

Wrongful death cases are often complex and emotionally charged. They require a deep understanding of the law, a knack for negotiation, and sensitivity to the grief that families are undergoing. Hiring a wrongful death lawyer in Fort Pierce can be invaluable in such cases.

The Benefits of Hiring a Specialist

A wrongful death claim is not just a legal process; it’s a personal journey towards justice. This journey requires an attorney who not only understands the intricacies of the law but also empathizes with the client’s loss. An experienced wrongful death lawyer in Fort Pierce can:

  • Provide expert advice on legal procedures, deadlines, and document filing.
  • Offer emotional support during this challenging time.
  • Use their knowledge of local courts and legal networks to your advantage.
  • Devote their time and resources to your case, allowing you to focus on grieving and healing.

How Lawyers Assist in Proving Negligence or Fault

Proving negligence or fault is perhaps the most crucial aspect of a wrongful death case. A skilled wrongful death attorney in Fort Pierce will meticulously:

  • Collect and analyze evidence, including police reports, medical records, and eyewitness accounts.
  • Consult with experts to reconstruct the incident and establish negligence.
  • Create a compelling narrative that links the defendant’s negligence to your loved one’s untimely death.

The Role of a Wrongful Death Attorney in Negotiating Settlements

Most wrongful death cases end in settlements before reaching trial. A competent lawyer will:

  • Accurately value your case considering factors like medical bills, funeral expenses, lost wages, and pain and suffering.
  • Negotiate assertively with insurance companies to reach a fair settlement.
  • Advocate for your best interests if a trial becomes necessary.

While no amount of money can replace your loved one, a fair settlement can ease financial burdens and provide a sense of justice. With a wrongful death attorney by your side, you can rest assured that your case is in capable hands.

Selecting Your Wrongful Death Attorney in Fort Pierce

Choosing the right lawyer is a critical decision that could significantly impact your case’s outcome. Here are some steps to ensure you select the best attorney for your needs.

Crucial Factors to Consider

When selecting a wrongful death attorney in Fort Pierce, consider the following factors:

  • Experience: Does the lawyer specialize in wrongful death cases? How many years of experience do they have in this field?
  • Reputation: What do previous clients say about the attorney? Are they known for their success in wrongful death cases?
  • Communication: How well does the lawyer communicate? Will they keep you updated throughout the process?
  • Empathy: Does the attorney show sensitivity and understanding towards your situation?

Checking Credentials and Experience

Ensure the lawyer is licensed to practice in Florida and check if they are members of professional legal associations. Look for attorneys who have experience in wrongful death cases, especially those similar to your own. Don’t hesitate to ask for references or case results to gauge their experience level.

Interviewing Potential Candidates

Arrange a consultation with potential attorneys. This meeting will give you a chance to discuss your case and ask important questions. For example, you might ask how they plan to approach your case, if they’ve handled similar cases before, or how they communicate with clients. Their answers will provide insight into their competence and style.

Understanding Fee Structures

Most wrongful death attorneys operate on a contingency fee basis, which means you don’t pay unless they win your case. Ask about the percentage they will take if you win and if there will be any upfront costs. This information will help you avoid any unexpected financial obligations.

Why Choose LaBovick Law Group as Your Wrongful Death Attorney in Fort Pierce

Choosing the right attorney for your wrongful death claim is vital to the pursuit of justice for your loved one. When grief is overwhelming, and the future seems uncertain, you need an ally that not only understands the legal landscape but also recognizes your emotional hardship. That’s where Labovick Law Group comes in.

Quick and Comprehensive Legal Support

At Labovick Law Group, we understand the urgency of your situation. From the moment you reach out, we get to work, swiftly gathering evidence, filing paperwork, and starting the process of your claim. Our lawyers work quickly without compromising on the thoroughness of their work.

No-Win, No-Fee Commitment

At Labovick Law Group, we operate on a contingency fee basis. This means you won’t owe us any legal fees unless we successfully secure compensation for you. Our goal is to make quality legal representation accessible to everyone, regardless of their financial situation. You can freely pursue justice for your loved one, without the stress of upfront legal costs. Our wrongful death attorneys in Fort Pierce are not just dedicated to winning your case, but also committed to your financial well-being during this challenging time.

Taking the Stress Off Your Shoulders

The aftermath of a loved one’s death is a stressful time. Dealing with legal procedures should not add to your distress. At Labovick Law Group, our attorneys take the stress off your shoulders. From negotiating with insurance companies to battling in courtrooms, we shoulder the legal burden so you can focus on healing.

Contact LaBovick Law Group Today

Labovick Law Group is not just a law firm. We’re a team of dedicated, compassionate professionals ready to fight for justice. Let us support you through this trying time. Contact our wrongful death attorneys in Fort Pierce today and let us fight for the justice your loved one deserves. We are here for you every step of the way.

FAQ
about Fort Pierce Wrongful Death Attorney

If the person responsible for the wrongful death is also deceased, you can still pursue a claim against their estate. The deceased person’s insurance company may also be a potential source of compensation.

Under Florida law, the personal representative of the deceased’s estate is the one to file a wrongful death claim. This representative is often named in the deceased person’s will or estate plan. If there is no such appointment, the court will name a representative. This representative files the claim on behalf of the deceased person’s estate and surviving family members.

Yes, parents can sue for wrongful death in Fort Pierce, especially if the deceased is a minor. In the case of an adult decedent, parents may still have the right to sue, especially if they were financially dependent on the deceased. A wrongful death attorney in Fort Pierce can provide specific advice based on your circumstances.

Wrongful death settlements in Fort Pierce are typically paid by the insurance company of the party found to be at fault. The payment can be a lump-sum or structured settlement, depending on the specifics of the agreement. These funds are then distributed among the surviving family members as outlined by Florida’s wrongful death statutes or as decided by a court.

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