Gainesville Wrongful Death Lawyers
No Fee or Cost Unless We Win
Whittel & Melton – Gainesville Wrongful Death Attorney 352-264-7800
“The sadness, shock and immediacy of a wrongful death is impossible to erase. However, Florida law has a system in place to hold negligent parties responsible in the hope that future losses can be avoided. These wrongful death lawsuits, that are regularly filed in Gainesville, are responsible for many advancements in our society. As an example, Fire Retardant baby clothes and blankets, locking kid safe gates at swimming pools, ingredient and content labels on all types of food, better positioned gas tanks on cars are just a few of the changes we have made as a society because of Wrongful Death lawsuits. Wrongful death legal challenges of course also do their best to compensate a family for the loss. Please call us about your Gainesville Wrongful Death Attorney needs – in other words, call us and discuss why you think you need advice from a qualified and experienced Gainesville Wrongful Death Lawyer. We want to help you, possibly investigate the matter using accident reconstruction techniques and technology focused on determining the causation of your loved ones’ death. We would prefer to speak with you sooner than later. The consultation is free.” – Jason M. Melton, Esquire Gainesville, Florida Wrongful Death Lawyer; Life Member, Multi-Million and Million Dollar Advocates Forum; Top 100 High Stakes Litigator; Super Lawyer, Thomson Reuters; AV-Rated, Martindale-HubbellAlachua County and Gainesville, FL Accidental Death Attorneys
Our firm will represent a family, relative, spouse or non-related dependent child who has lost a loved one in fatal car or truck accidents, drowning, construction accidents, shooting at a dance club or parking lot of a public place, train crash, airplane or helicopter accident and boating fatalities.
Compensation in Florida Wrongful Death Cases Money Damages can be collected for
- Medical bills incurred prior to death
- Funeral costs
- Loss of future earnings, savings and financial support – including future raises and promotions in industry
- Loss of consortium
- Loss of parental, spousal and familial guidance
Accidental Death at Work versus Wrongful Death in Motor Vehicle Accident? Is a wrongful death from a car crash, motorcycle wreck or truck pile up any different than a work-related heavy machinery accident causing death?
There are issues that arise when an individual dies at work, specifically workers compensation insurance will need to be addressed as well as at-fault entities, other than the employer, ex. Products, other companies, other negligent parties, need to be identified and investigated. Further still, in some instances no workers compensation immunity will exist for the employer, however these instances are rare, generally virtually certain accidents or intentional accidents investigated, and a qualified lawyer needs to be investigating the matter as soon as possible.
In a roadway incident, no matter involving motorcycle, cars, trucks, semi-trailer truck or tractor-trailer truck the analysis is more streamlined. In an event involving a crash, the immediate at-fault insurance is just the tip of the investigation. Many other legal entities could have applicable insurance including, employers, freight owners, service providers, employment agencies, etc. Gainesville in particular has one of the deadliest highways in the country, I-75. I-75 has produced some of the deadliest pile ups and trucks crashes in recent memory. We are always available to consult with family members to investigate and provide legal avenues of recovery for the surviving members of the family.How Much is a Typical wrongful Death Settlement?
Obviously, this is a loaded question, as the specific facts in every situation play a great role. The facts of the death, in terms of liability and causation play a great role in Florida in setting up the evaluation. As you can imagine if the decedent is 90% at fault for his death, then this will greatly affect whatever damages the attorney intends to recover. Additionally, Causation is a great modifier of a settlement. In some cases, the decedent may have had preexisting conditions that made an impact on his death, or perhaps the specific timing of his death. Lastly, the damages that a decedent can argue for in court are very specific. Whether or not someone is married, a parent, a parent to minor children, a parent to an adult child who may also be under the age of 24, employment history, net accumulations (expected business, salary, pension benefits etc. expected by the decedent in the future) – all of these issues play a role in determining a number. It would not be unusual for a wrongful death case resolve for anywhere between $500,000 and $1,000,000. Of course, many cases resolve for less and many cases resolve for much more. It all depends on the many factors discussed.Who Gets the Money in a Wrongful Death Lawsuit in Florida?
In most cases the surviving spouse is the person who recovers in a wrongful death lawsuit. However, every case is different, but the Personal Representative of an Estate is charged with the duty of distributing any proceeds from a wrongful death lawsuit wherein the Estate makes a recovery. In some cases, the Estate does not make a recovery and the defendant chooses to resolve the case by making payment directly to the survivors. In Florida, a statute was created specifically articulating who is a survivor in Florida. F.S. 786.21How Long Does a Wrongful Death Settlement Take?
Wrongful Death cases and Personal Injury cases share similar timelines when litigation begins. Typically, 18 months from filing a lawsuit is a common end date for a lawsuit. There is of course time that accumulates before a lawsuit is filed, and not all cases take 18-24 months from the beginning. Some cases unfortunately take years to resolve – this can happen when you are asking for considerable amount of money or liability is hotly contested.
Free Gainesville Wrongful Death Case Consultation and Evaluation for cases throughout Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, La Crosse, Micanopy, Newberry and Waldo. Contact Alachua County Wrongful Death Lawyers TODAY at 352-264-7800