Have you recently suffered the tragic death of a family member in an accident in Melbourne, Florida? Do not hesitate to reach out to the award-winning Melbourne wrongful death lawyers at Norden Leacox Accident & Injury Law for help. Call us at (321) 334-3929.
You have rights, and that can include the ability to file a lawsuit against the party responsible for your loved one’s death. Our wrongful death lawyers can help you fight for the financial accountability you need and deserve.
Choosing us puts a top-rated team of Florida litigators with over 100 years of collective experience in your corner. We’re known for our passionate advocacy and unrivaled ability to help everyday people stand up to powerful corporations in the name of justice.
We’ve helped clients win tens of millions in life-changing settlements and jury awards. Today, we’re prepared to help you fight for the best results in your wrongful death case, too. Contact our Melbourne law office to get started. There’s no charge for your initial case evaluation.
How Norden Leacox Accident & Injury Law Can Help With a Wrongful Death Claim in Melbourne, FL
It’s never easy to lose a spouse, child, or parent. When their death is unexpected and sudden, it can be even more difficult to deal with emotionally and financially. While money will not bring your family member back or turn back time, it can help alleviate some of the stress you’ll face as you begin to move forward.
However, asserting a wrongful death action won’t necessarily be easy. The insurance company (and other parties) might appear to be sympathetic to your loss. However, they won’t hesitate to do everything in their power to stand between you and a successful financial recovery. The good news is that you do not have to take on an insurance company or navigate a complex legal claim on your own.
Our Melbourne personal injury attorneys are here to help you make the most of your fight for compensation.
At Norden Leacox Accident & Injury Law, we’re award-winning Florida trial attorneys with over seven decades of combined experience fighting for injury victims and families. We stand up to insurance companies, manufacturers, government agencies, healthcare providers, and other powerful opponents on behalf of our clients and help them achieve the best possible results.
We’ll handle all aspects of your family’s wrongful death claim so that you can concentrate on grieving your loss and moving forward.
We will:
- Gather key pieces of evidence to help support your family’s case while we conduct a thorough, independent investigation
- Enlist expert witnesses to consult and collaborate as we build your wrongful death case
- Identify your damages and calculate what your wrongful death claim is worth
- Prepare and file your claim with the insurance company and/or local Brevard County court clerk
- Actively work to secure a significant settlement offer during negotiations with the defendant
- Take your wrongful death claim to trial if the defense will not take responsibility for your tragic loss and suffering
Our wrongful death attorneys in Melbourne represent families on a contingency fee basis. There is absolutely no cost to hire our law firm unless we win compensation for your family.
Call our law office in Melbourne, FL, to learn more. There’s no charge for your initial case evaluation.
What is Wrongful Death in Florida?
In Florida, you reserve the right to seek compensation if you get hurt because of another person’s negligent or harmful actions. The right to take legal action isn’t lost just because an accident is fatal.
Instead, Florida law shifts the right to sue to another party.
A wrongful death claim can arise when:
- A person’s death is caused by another party’s negligence, wrongful act, default, or breach of contract or warranty, and
- The victim would have had the right to seek damages if they’d survived.
Typically, any accident or act of violence that results in death can potentially give rise to a wrongful death claim.
At Norden Leacox Accident & Injury Law, we represent clients in wrongful death cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Brain injuries
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft rideshare accidents
- Medical malpractice
- Nursing home abuse
- Product liability
- Premises liability
- Slip and fall accidents
- Dog bites
- Assaults
- Sexual assaults
- Construction accidents
- Workplace accidents
- Boating accidents
If you’ve lost a close family member in a recent accident or because of a criminal act in Melbourne, FL, call our wrongful death attorneys to discuss your situation. We can listen to your story and explain what legal options might be available to you at this time. If you want to pursue damages, our Florida litigators can help you pursue a maximum recovery.
Who Has the Right to File a Wrongful Death Lawsuit in Florida?
Not just anyone can file a wrongful death lawsuit in the state of Florida. Instead, this right is exclusively reserved for the victim’s personal representative.
The personal representative is typically named in the victim’s estate or appointed by the court. Most often, it’s a spouse, a child, another close friend or family member, or a personal injury attorney.
The personal representative files the claim on behalf of the victim’s beneficiaries and/or the estate. When damages are awarded, they’re paid to the estate and distributed to the victim’s beneficiaries – including the spouse, child(ren), parent(s), and other next of kin.
Can Florida’s Comparative Negligence Law Affect My Family’s Wrongful Death Settlement?
Yes. Florida’s modified comparative negligence statute applies to personal injury claims involving shared fault. This includes matters of wrongful death.
Under the law, a victim’s shared responsibility has a direct and adverse impact on a related claim for damages. Damages can be awarded on a reduced basis when liability is equal to or less than 50 percent. Damages are prohibited when liability is greater than half.
The more your family member contributed to their accident or fatal injuries, the more of an impact it will have on your ability to recover compensation.
Let’s say you recently suffered the death of a spouse in a Melbourne car accident. Your spouse is assigned 25 percent of the blame for their fatal collision. As a result, the damages awarded in your wrongful death claim will be reduced by 25 percent. If they were 60 percent at fault, you’d be prohibited from recovering damages entirely.
Don’t be surprised when the defense tries to blame your family member – in whole or in part – for their fatal accident. Trust our wrongful death lawyers in Melbourne to fight back against these claims and work to limit how much – if any – liability they’re assigned.
What Types of Damages Can Be Awarded in a Melbourne Wrongful Death Claim?
Wrongful death claims are different from other types of personal injury cases. One of the most notable differences involves the types of damages that can be awarded.
Since the purpose of a wrongful death action is to compensate the victim’s surviving family members and/or estate, the types of damages that can be awarded are tailored to accomplish this.
Florida law allows the personal representative to seek economic damages and non-economic damages for:
- Lost wages, benefits, and financial support
- The value of household services provided
- Funeral and burial expenses
- Medical bills
- Mental pain and suffering
- Loss of consortium
- Loss of companionship and protection
If a wrongful death lawsuit goes to trial in Brevard County, a jury can also award punitive damages. However, this is only appropriate when the jury is presented with compelling evidence that a defendant’s conduct was intentional or grossly negligent.
What is the Statute of Limitations For Wrongful Death Lawsuits in Florida?
You will have two years from the date of your family member’s wrongful death to file a personal injury lawsuit in the state of Florida.
The right to sue for damages is lost once the two-year statute of limitations runs out.
Protect your rights and financial stability by calling our Melbourne personal injury attorneys for help right away. Members of our team are always available to take your call – 24 hours a day, 7 days a week.
Schedule a Free Consultation With an Experienced Melbourne Wrongful Death Lawyer
You lost a close family member because someone else was careless. You shouldn’t have to struggle with the consequences on your own. The good news is that you have rights, including the ability to seek damages for your lost financial support, out-of-pocket costs, and mental anguish.
Norden Leacox Accident & Injury Law’s Melbourne wrongful death attorneys want to help you navigate this trying time and fight for the financial justice you deserve.
We’ve helped clients win tens of millions in monetary awards. Now, we’re prepared to put our 75+ years of combined experience into your fight for compensation, too.
Call our Melbourne law firm today to get started. Your first consultation with our team is free.