Gainesville Wrongful Death Attorney
Losing someone you love is always a difficult ordeal, but it can be especially difficult if their death was preventable. You may be struggling to cope with your grief and adapt to a loss of income at the same time. As victims of another person’s negligence, you and your family shouldn’t have to reckon with these losses on your own.
The Gainesville wrongful death lawyers at Meldon Law can fight to recover the compensation you need. We will pursue justice and serve your family with compassion and integrity. After a tragedy, you deserve legal representatives who prioritize you above everything else—who make themselves available to answer your questions and concerns. We want to be that source of hope and peace of mind for you.
Our attorneys will use our understanding of the law and the experience we’ve gained from previous successes to fight for your family as if you were our own. Call (352) 373-8000 to get started.
Our Gainesville Wrongful Death Attorney Will Prove Negligence and Liability
In wrongful death cases, the party who caused the accident and your loved one’s injuries was usually careless or reckless in some way. For example, if your loved one was fatally injured in a car accident, the other driver’s failure to stop at a red light would be considered negligence. An attorney can prove that negligence caused the accident using the evidence they gather.
Using the above example, your attorney would have to demonstrate the following four elements to prove liability:
- Duty of care: As a motorist sharing the road with others, the responsible party owed your loved one a duty of care to drive safely and cautiously.
- Breach of duty: The other party failed to uphold their duty of care, and their actions led to injury or death. Traffic violations like failing to stop at a red light could serve as evidence of such a breach.
- Causation: The other party’s breach of duty must have directly or proximately caused your loved one’s injuries. Accident reconstruction services can help to link the liable party’s actions to your loved one’s accident and fatal injuries.
- Damages: You must have suffered losses due to the other party’s actions. We will use evidence of your loved one’s medical bills, property damage, and other losses to satisfy this requirement.
Some wrongful death cases, such as those involving defective products, do not require us to prove negligence. For example, if your loved one was fatally injured due to a product malfunction, the maker would be subject to the legal principle of strict liability and would be considered at fault, even though negligence may not have been involved. During your free consultation, we can talk more about the role that negligence will play in your case.
What Compensation Can I Recover in a Wrongful Death Case?
In a wrongful death case, your attorney may be able to recover compensation for losses suffered by the loved one prior to their passing and those incurred by surviving family members. Depending on the beneficiary (those who were financially dependent on the loved one), a wrongful death case may include compensation for the following:
- Medical expenses incurred by the victim before their passing
- Loss of your loved one’s financial support
- Funeral, cremation, or burial expenses
- The decedent’s pain and suffering
- The survivors’ emotional anguish
- Loss of the decedent’s care, companionship, and guidance
It can be hard to assign a dollar amount to personal loss. We know that no amount of money can make up for a valued relationship. However, we do want to pursue compensation that will help you and your family to move forward. You shouldn’t be saddled with financial insecurity while you grieve and recover from your loss. You can reach out to us and tell us your case at (352) 373-8000.
Our Gainesville Wrongful Death Lawyers Will Manage Deadlines in Your Case
It is important to file your wrongful death case as soon as possible because the sooner you file, the sooner you can recover the financial compensation you need. The law also limits the time you have to file. The statute of limitations, or time limit, on wrongful death lawsuits is two years from the date of the individual’s passing. If you do not file your case within this time, you will likely forfeit your legal right to claim any compensation at all.
Prior to filing your case, an attorney will conduct a thorough investigation to determine who was at fault for the accident and collect evidence to prove your claims. This is a crucial step, but it can also be a long process. Other legal hurdles can also slow down the process. Our attorneys have the skill, knowledge, experience, and persistence to overcome these and resist stalling tactics by the liable party’s insurer.
While it may not be necessary to file a lawsuit, we want to be prepared if settlement negotiations break down. Our attorneys prepare your case for litigation from the beginning to protect your right to compensation from lapsed deadlines.
Our Gainesville Attorneys Define Wrongful Death
Wrongful death cases are not criminal cases. Even if the death was the result of a crime, these cases fall under tort law (in which another person’s negligent actions caused someone harm).
This means your attorney must only prove that the negligent actions of another person were more likely than not the cause of the loss of your loved one. While criminal penalties, such as jail time, are intended to make the offender pay restitution to the state, a wrongful death civil case will force the responsible party to pay damages, such as your loved one’s lost income.
According to Florida law, only the personal representative of the estate can file a wrongful death case. If the deceased did not name a personal representative, the court will appoint one. If the personal representative is successful with their case, any damages awarded are distributed to immediate family members and beneficiaries, including:
- Surviving spouse
- Surviving biological or adopted children or grandchildren
- Surviving parents
- Surviving family members who were financially dependent on the decedent at the time of their passing
Our team can help you determine whether you are eligible to file a claim.
Common Types of Wrongful Death Cases We Handle in Gainesville
Any fatal injury caused by the negligence of another party may enable surviving family members to pursue compensation. Common accidents and causes of death in these cases include the following:
- Auto accidents resulting from driver carelessness, recklessness, distraction, or intoxication
- Truck accidents involving 18-wheelers or other large commercial vehicles, caused by driver error or employer negligence
- Motorcycle and bicycle accidents, often resulting from the negligence of passenger vehicles to check blindspots and yield the right-of-way
- Pedestrian accidents that occur due to driver distraction, speeding, and failure-to-yield
- Medical malpractice, such as misdiagnosis, surgical errors, emergency room errors, and prescription drug errors
- Faulty products due to defects in design or manufacturing
- Work-related and construction accidents, often due to an unsafe work environment, improper training, or faulty equipment
- Premises liability accidents, in which an individual suffers fatal injuries due to a hazard on a property they were legally permitted to enter
Our Gainesville Wrongful Death Attorneys Can Help During this Difficult Time
Losing a loved one is never easy, but our Gainesville wrongful death attorneys at Meldon Law can help you through this difficult time. Our attorneys know how to determine who was at fault for your loved one’s death and how to prove it so you can pursue the settlement or court verdict that you deserve. Call us today at (352) 373-8000 or contact us online to schedule a free consultation.
