Wrongful Death Lawyer

Seek Compensation with the Law Offices of Whittel & Melton

The Law Offices of Whittel & Melton are poised and ready to defend your family during the most trying of times. Specifically, our staff and lawyers stand ready to help you recover financially when a loved one has been taken needlessly due to the negligence of some person, persons or a company.

Whether it’s a person, persons, or a company at fault, we are committed to providing the legal representation you need and deserve.

Understanding Wrongful Death Cases

A Wrongful Death can occur when the actions of a person, persons or company are determined to be negligent and they cause or are determined to be the legal cause of an injury which leads to a death that otherwise was avoidable.

In Florida, this type of lawsuit can be based on simple negligence like a car accident or pedestrian accident, or something more complicated, like nursing home abuse or medical error and malpractice.

What Type of Case is a Wrongful Death?

The easiest way to describe a Wrongful Death lawsuit is that it is just like any other civil lawsuit with one unique fact: the actions of the defendant caused a death.

These cases can result from car accidents, automobile accidents, pedestrian incidents with motor vehicles, slip and fall, plane or aviation crash, nursing home abuse, cruise ship passenger injury or medical malpractice, just to name a few.

Who Can File a Wrongful Death Lawsuit or Claim?

Under Florida Law, the personal representative of an estate, usually named in a will or determined by a court, or the heirs of the deceased could file a wrongful death lawsuit in Florida State court for money damages.

Typically the Personal Representative of an Estate in Florida is the surviving spouse, a surviving parent, a surviving adult child who is most involved or even geographically closest, or some kind of other relative or court appointed responsible party.

In some cases a professional personal representative can be hired for a special lawsuit like a Wrongful Death case or it could also be an attorney.

How Do I Choose a Wrongful Death Attorney?

Several factors should be considered when choosing an attorney to handle what is likely the final legal act of your deceased family member. Here is a short list of 5 things to look for:

• Background and Skill: A good Florida Wrongful Death Attorney should not only be a solid investigator, a solid litigator and a solid trial lawyer, but they should also have the life and career experiences that will help them identify important facts in your case. Our team at Whittel & Melton includes former prosecutors, public defenders, corporate lawyers, and more. This diverse background ensures we have the skills to handle your case effectively.
• Education: It may seem trivial, but educational background is an important factor when choosing a Florida Wrongful Death Attorney. Not because the degree will somehow change the case, but rather, the quality of institutions attended by the Florida Wrongful Death Attorneys handling your case can provide a window into the quality of work you can expect on the claim.
• Firm Size: Because Wrongful Death lawsuits can produce large settlements, it’s not uncommon that the law firms will be required to pay for expensive experts during litigation. Check into the size of the law firm to give you an indication they can afford to attack your case to level the playing field with the insurance company. The biggest is certainly not the best, but a firm that is too small may impact your case and that can’t be overlooked.
• Experience: On paper, this criterion sounds obvious, but we’ve lost count of how many Wrongful Death cases we have reviewed that originated with a Traffic Ticket Attorney, Criminal Defense Attorney, Probate and Estate Attorney, Real Estate Attorney or even out of state Attorneys. You need an experienced Florida Wrongful Death Attorney to review and advise you on your Florida Wrongful Death legal matter.
• Results: Ask the Florida Wrongful Death Attorney or Law Firm for some general anecdotal evidence of past results from Florida Wrongful Death cases. Amounts of settlements, if the clients actually recovered, the time, expense and difficulty involved in those past cases. Will your Florida Wrongful Death Attorney be learning on your case or will they be applying experience and knowledge to your wrongful death insurance claim?

How Much Does Representation Cost?

Upon contacting the Law Offices of Whittel & Melton, your case will be immediately reviewed by the attorneys.

If representation is agreed upon, the firm will represent you on what a contingency basis. What this means is you and your family will not need to allocate any upfront financial resources to the prosecution of this claim.

If the claim is successful, our costs and fees are taken from the resulting settlement, verdict or court award.

How Much is My Wrongful Death Case Worth?

One of the hardest jobs for a Florida Wrongful Death Attorney is determining the value of a claim. The attorneys at Whittel & Melton will apply the experience we have gained on other claims we have worked on as well as other Florida claims we track to ascertain what is a reasonable settlement zone and what we would ask a jury for in your matter.

Those values often differ, but we promise to diligently ensure that any attempt by an insurance company to offer low initial amounts is met with real-world advice.

Who Gets the Money in a Wrongful Death Lawsuit in Florida?

It depends. In Florida, wrongful death lawsuits are initiated by the estate. The Estate makes the decisions on where to allocate any proceeds collected or held by the Estate.

So, for the same reasons that beneficiaries, survivors, children, wives, girlfriends, etc. fight over the proceeds of an Estate, it’s impossible to give an answer to this very common question.

The Florida Wrongful Death Statute identifies specific beneficiaries, such as parents, children, spouses, and siblings. However, the Personal Representative, along with the Probate or Estate Attorney, must consider unique facts and circumstances when allocating and distributing the estate’s assets.

What Do I Do Next?

If you or your family believe that careless behavior, misconduct, malfeasance or even simple negligence caused the premature death of a family member, contact the Law Office of Whittel & Melton IMMEDIATELY at 866-608-5529, Toll Free Statewide Florida, here on the website or our local numbers throughout Florida.

We serve our clients and their families throughout the State of Florida and spend most of our time in the following Florida Communities:

Hernando County Wrongful Death Lawyers – Brooksville, Spring Hill Accidental Death Attorneys 352-666-2121

Marion County Wrongful Death Lawyers – Ocala, The Villages Accidental Death Attorneys 352-369-5334

Alachua County Wrongful Death Lawyers – Gainesville Accidental Death Attorneys 352-264-7800

Hillsborough County Wrongful Death Lawyers – Tampa Accidental Death Attorneys 813-221-3200

Pasco County Wrongful Death Lawyers – New Port Richey, Dade City Accidental Death Attorneys 727-847-2299

Sumter County Wrongful Death Lawyers – Bushnell, The Villages Accidental Death Attorneys 352-793-9330

Citrus County Wrongful Death Lawyers – Inverness, Crystal River Accidental Death Attorneys 352-726-0078

Pinellas County Wrongful Death Lawyers – St. Petersburg, Clearwater Accidental Death Attorneys 727-847-2299

Levy County Wrongful Death Lawyers – Bronson, Cedar Key Accidental Death Attorneys 352-726-0078

Lake County Wrongful Death Lawyers – Tavares, Clermont Accidental Death Attorneys 352-793-9330

Palm Beach County Wrongful Death Lawyers – West Palm Beach, Boca Raton Accidental Death Attorneys 561-367-8777

Broward County Wrongful Death Lawyers – Fort Lauderdale 561-367-8777

Miami-Dade County Wrongful Death Lawyers – Miami, Coral Gables 866-608-5529