Wrongful Death
Attorney in Davie, Florida

Death is always difficult to deal with. If it is unexpected, it feels even more tragic. If it would not have happened except for the negligence of someone else, the grief can be overwhelming.

In 2020, more than 3,300 people were killed on Florida’s roadways, many by negligent drivers. Thousands more died due to medical errors, nursing home neglect, defective products, hazardous premises, and other accidents involving liability. If you have lost a loved one due to someone else’s actions or failures to act, you can hold them accountable.

At The Law Offices of Scott Sobol, we help families of those killed wrongfully in Davie, Florida, and in Fort Lauderdale, Coral Springs, Weston, Lauderhill, Pembroke Pines, Miramar, Cooper City, Hollywood, Tamarac, Oakland Park, Plantation, and Sunrise. We can help you, too.

Filing a Wrongful Death Claim?

Why File a Wrongful Death Claim?

Many people don’t see the purpose in filing a wrongful death claim against the negligent actors responsible for a loved one’s death. Some think that recovering money in a claim is somehow profiting from their loss instead of understanding that a financial recovery will help pay for their loved one’s final expenses, support their survivors when they are no longer here to provide financial support, companionship, and guidance, or even to help pay for a college education for children or siblings.

It is true that no amount of money will bring back your loved one, and no sum will ever fully compensate you for what you have lost. However, not only can a settlement or judgment ease the financial burdens of your loss, it allows you to hold the wrongdoer accountable for their actions. That may prevent them from ever committing an act of negligence again. In doing so, you may save another family from such a devastating loss as the one you have suffered.

What Is a Wrongful Death in Florida?

Florida law provides survivors with the opportunity to hold legally liable those whose negligence or wrongful act causes the death of a loved one, or those whose breach of warranty, breach of contract, or default causes death.

There is a time limit or “statute of limitations” for filing civil wrongful death actions in Florida. A wrongful death claim must be settled or a wrongful death lawsuit filed within two years from the date of death.

Who Can File a Wrongful Death Claim?

The personal representative of the decedent’s estate is eligible to file a Florida wrongful death claim. A personal representative would have been named by the decedent in their will or another estate planning document. If they did not have one at the time of their death, the court will appoint a personal representative to pursue a claim and administer the estate. The personal representative must identify all heirs to the estate and recover damages for the estate and its beneficiaries.

What Damages Are Recoverable?

Survivors in the family may recover noneconomic damages such as mental anguish and for the loss of those things the decedent would have provided, including support and services, companionship and protection, and guidance and instruction. If a family member paid the decedent’s final medical or funeral expenses, they can recover those as well.

The estate itself can recover economic damages. Those include lost wages, benefits, and other income lost between the time of the accident to the date of death if there was an interim. The estate may also recover medical and funeral expenses if it incurred those expenses. Finally, the estate may recover for its heirs the income and benefits the decedent likely would have earned during their lifetime and left in their estate when they eventually passed away.

Wrongful Death Attorney in Davie, Florida

It is difficult for those who have lost a loved one suddenly to talk to an attorney about pursuing a wrongful death claim. At The Law Offices of Scott Sobol, we offer you compassion, guidance, and support amid your grief and help you make difficult decisions throughout the process. If you have lost a loved one in Davie, Florida, or the surrounding areas, we charge nothing to talk about your loss. Call our office today.