All Injuries All The Time

Bradenton Wrongful Death Lawyer

Did You Recently Lose a Family Member Because of Someone Else’s Negligence? Turn to Wrongful Death Attorneys in our law firm for Help

When someone you love dies because of another person’s negligence, you are not only grieving and in shock but you undoubtedly will have to deal with the expenses of the loved one’s funeral, possible loss of income, and many more difficulties. Unfortunately, the at fault party may rush you to reach a settlement or make decisions so they can protect their own interests. That’s why it’s crucial that you hire a trusted attorney who handles such claims in Sarasota, Bradenton, and the surrounding areas to protect and represent you and the interests of any other beneficiaries who may be involved. Importantly, the first step in any case involving a wrongful death involves the opening of an Estate. The cost of that alone can be financially overwhelming to most families. That is why we handle the initiation of the Estate process for many of our clients who are already overwhelmed with grief and emotion during this difficult time.

What May Qualify as a Wrongful Death Lawsuit?

  • A slip and fall/trip and fall accident that leads to death
  • Unsafe work premises that cause a fatal injury
  • Illnesses caused by workplaces not taking proper precautions
  • A dangerous public property or place of business that causes the death of a patron
  • A fatal dog attack resulting from negligence of the owner
  • Drowning/boating accidents that occur because of negligence
  • A bicycle or pedestrian accident caused by a negligent driver
  • Medical malpractice involving misdiagnosis, surgical errors, or any treatment that causes harm because of a medical provider’s error
  • Accidental overdose/poisoning when the wrong drug, or too high of a dose of a drug is prescribed
  • Car accidents caused by a negligent or intoxicated driver
  • Sexual assault
  • Nursing home abuse

We know you may be struggling with a staggering amount of loss and pain, and we are here to answer your questions and help you get through this difficult time.

Questions You Might Have about a Wrongful Death Case:

  • What is the Florida Statute of Limitations (the time you have to file a claim) for a wrongful death claim? In Florida, you have two years to file a lawsuit in case of wrongful death.
  • Who is liable for a wrongful death case? The party that caused the death, through negligence or an intentional act.
  • How do you prove fault in a wrongful death case? In a court case, the plaintiff (the party who is suing) will need to show that the party who caused the death violated and breached the duty of care, and caused the death of your loved one.
  • What evidence is needed to prove fault in a wrongful death case? Our wrongful death attorneys will use police reports, witness statements, medical paperwork and reports, photos from the accident, statements and testimonies from experts, and any other records and documentation surrounding the accident.
  • How hard is it to prove a wrongful death? The more evidence you can provide, the higher your possibility of filing a claim. Having an experienced wrongful death attorney on your side increases your chances of having a successful outcome.

Who Gets the Money in a Wrongful Death Lawsuit?

  • Surviving Spouse
  • Minor Children
  • Adult Children (if the action does not involve medical malpractice)
  • Parents (in some situations)

It is important to note that the class of damages available to each beneficiary of a wrongful death case varies depending on the case specific details. Each case must be analyzed to determine what benefits are available and to whom and who the Beneficiaries are.

How are Wrongful Death Proceeds Paid to Beneficiaries of an Estate?

Damages and compensation for a wrongful death case are recoverable for several elements, however, the types of damages available vary based upon the classification of the Beneficiary.

Types of recoverable damages may include:

  • Funeral expenses
  • Loss of parental companionship, instruction, and guidance
  • Loss of support and services
  • Mental pain and suffering
  • Medical costs
  • Punitive damages (if applicable)
  • Past and future loss of income
  • Loss of net accumulations to the Estate

How Do I Know if I Can File a Lawsuit for Wrongful Death?

If you lost a loved one because of a wrongful death, and you’ve experienced a loss of financial support, choose an attorney who specializes in wrongful death claims. We will answer your questions and review your information to find out if you have a case.

At Legler, Murphy & Battaglia, LLP we know experiencing a wrongful death is painful for surviving family members, and we will fight for compensation for you.

Protect your rights when you are injured. To schedule a free consultation with a lawyer at Legler, Murphy & Battaglia, LLP, call one of our Florida offices: Bradenton at 941-909-3763 | Sarasota at 941-366-3782 | Lakewood Ranch 941-251-1370 | Venice 941-202-4129 You can also contact us online.

If you are injured or recovering, let us come to your home, the hospital or another convenient location.

There are no fees or costs until and unless we achieve a successful outcome in your case.

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