Marion County Wrongful Death Lawyer
No Fees or Costs Unless You Make a Recovery
Whittel & Melton
It is difficult for many to understand the tragedy experienced by loved ones after not just a death of a loved one, but one caused by the negligence of another. It’s difficult and most times, time and the love of your family is what gets you through it. There is however, a serious piece of business that must be handled when a wrongful death occurs. The insurance companies know and understand that hard fact. In fact, the insurance industry makes a great deal of money selling accidental death policies to the public knowing that even those horrific incidents that would apply will go either unclaimed or settled for far below real or even settlement value. Let the Marion County, Florida lawyers at Whittel & Melton handle this process for your family. Don’t allow your family's tragedy to be a part of some insurance company’s profit and loss statement.
Ocala Accidental Death Attorneys
352-369-5334 Whittel & Melton, LLC
It is difficult to guess what the value of a person is. It takes the experience of a Marion County Florida Wrongful Death lawyer to navigate the Wrongful Death laws in Florida to ascertain what the real or settlement value of a claim can be worth. It's not just the loss of income, loss of savings/retirement, nor is it pain and suffering endured by the loss. When a spouse, parent, brother, sister or child is lost by a family, so much more is left behind. The loss of companionship, economic contribution or emotional support can be devastating to most family structures after a loss.
Marion County Negligent Death Lawyers
Whittel & Melton, LLC 352-369-5334
Our law firm is dedicated to collecting the following for families mourning a loss:
- Medical bills
- Funeral costs and fees
- Lost of support by earning capacity
- Mental Pain, Suffering and Anguish
- Personal Injuries sustained prior to death
- Loss of comfort, companionship, support and guidance
Ocala Wrongful Death FAQsCan I File an Ocala Wrongful Death Claim?
Wrongful death cases can be rather complex as they involve legal elements of both a standard personal injury claim as well as limitations and requirements set forth by the state of Florida. This is why these cases really shouldn’t be handled by just an attorney, but rather by a lawyer or a group of lawyers with sufficient experience handling these types of cases.
If you have lost a loved one in an accident that was caused by another person(s) wrongful actions or negligence, then you may be able to file a wrongful death lawsuit against the person responsible for their death. Our Ocala Wrongful Death Lawyers at Whittel & Melton can help you determine if you are eligible to file a wrongful death lawsuit in Ocala or elsewhere in Marion County.What Types of Cases Do Our Ocala Wrongful Death Lawyers Handle?
Our Ocala Wrongful Death Lawyers at Whittel & Melton have handled numerous types of wrongful death claims involving negligence and willful misconduct as well as dangerous premises and defective products. Some common accidents that can bring about wrongful death actions include:
- Car accidents, truck accidents, motorcycle accidents, golf cart accidents and all other motor vehicle collisions
- Dangerous conditions in nursing homes as well as negligence and abuse
- Construction incidents and work-related accidents
- Deaths resulting from dangerous products or drugs
- Slip and falls or trip and falls that occur on dangerous properties
- Birth injuries and other forms of medical malpractice
- Airline accidents
- Pedestrian accidents
- Negligent Security
When you choose to file a wrongful death lawsuit in Ocala or elsewhere, there are specific elements of proof that must be demonstrated to the court before compensation can be awarded. At an absolute minimum, it must be shown that your loved one’s death was a result of another person’s negligence or wrongful actions. Proving this is not always as simple and straightforward as it may sound, so a wrongful death attorney is vital to the success of your case. We welcome you to contact us today to learn more in a free consultation about how we may be able to help with your wrongful death matter.Is there a Deadline for Filing an Ocala Wrongful Death Claim?
Yes, there is a statute of limitations placed on how long you have to file a wrongful death claim in the state of Florida. This time constraint is generally within two years from the date of the death in most cases, but there can be exceptions to this rule.What is My Ocala Wrongful Death Claim Worth?
Calculating what your wrongful death suit is worth is not a simple task. Every case has its own unique elements, which usually requires expert financial professionals and economists to evaluate the full value of the specific claim. There are many factors that go into assessing the full value of a wrongful death claim, including:
- The age of the person
- Their earning capacity
- The state of their health
- Their income at the time of their death
- The ages of any dependants
- Medical bills incurred
- The deceased’s level of education and/or training
- Funeral costs
- The value of lost benefits like health insurance, life insurance, pension, etc.
- The facts of the actual case – for instance, is liability shared or is It 100%; is causation shared, or is it 100%
The full scope of damages must be supported by evidence and from there an amount can be determined. Our Ocala Wrongful Death Lawyers at Whittel & Melton can help you understand what your case is worth and consult with the proper professionals to assess the full amount of damages you are entitled to recover.How are Ocala Wrongful Death Damages Paid Out?
When you are awarded compensation for a wrongful death claim, whether through a settlement or a court award, these are paid out by the insurance providers who provide liability coverage for the person or entity that is being blamed for the death. These insurance policies usually have a limit, so if the person responsible for the death does not have adequate coverage, then they can be personally responsible for the financial award or settlement and possibly all the accrued legal fees.Are My Ocala Wrongful Death Damages Taxable?
The Internal Revenue Service (IRS) states that the majority of wrongful death payments are not taxable, as long as they are compensatory damages - meaning that the money awarded is for pain and suffering. If you are awarded any punitive damages (damages that are intended to punish the at-fault party for their negligent conduct) then the IRS may tax these damages. Additionally, if confidentiality is a part of the settlement, jurists have argued the value of the confidentiality may be taxable.
This is another important reason why you should have our Ocala Wrongful Death Attorneys at Whittel & Melton help you with your wrongful death matter. We can review any tax repercussions and bring in tax consultants to help advise you to better appreciate if proceeds from a settlement or award is taxable. The short in answer is there is no hard and fast rule. Each case should be evaluated.Can an Ocala Wrongful Death Lawyer at Whittel & Melton Help Me if I Live Outside of Marion County?
Yes, we can. We handle wrongful death matters throughout the state of Florida, so if you need our assistance anywhere in Florida we can help you. We have consultation locations throughout the state, and would of course be happy to meet in your home.What Do Your Ocala Wrongful Death Lawyers at Whittel & Melton Charge to Take My Wrongful Death Case?
We take all of our injury and wrongful death cases on a contingency fee basis, so there is no fee to meet with us to discuss your case. If we decide to work together on your wrongful death matter, then you will have no up front expenses and will never owe us anything unless we recover financial compensation for you. We believe in full transparency, so all fees will be discussed before you choose to hire us so that you fully understand the potential fees involved.How Can an Ocala Wrongful Death Lawyer at Whittel & Melton Help Me?
We will fully review your case and help you understand all of the types of damages that you are entitled to. We are here to help guide you through the legal recovery process and make sure that you are not persuaded into accepting a low-ball settlement offer that the insurance company may throw at you to get you to walk away quickly. We can negotiate for a fair amount on your behalf, and when necessary, take your case to trial. While we cannot guarantee a specific result, we can significantly improve your chances of recovering financial damages for your loss. We are confident we can help you with your wrongful death matter and urge you to contact us right away to learn more about your rights.
Call now for a free consultation 352-369-5334
Marion County – Ocala Florida Wrongful Death Attorneys
Whittel & Melton, LLC
510 Co Rd 466 #201W