Wrongful Death Attorney in Gainesville, Florida

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 face these losses on your own.

A wrongful death lawyer in Gainesville from Meldon Law will use their understanding of the law and the experience our firm has gained from previous successes to fight for your family as if it were their own.

The Gainesville personal injury lawyers at Meldon Law can fight to recover the compensation you need. We will pursue justice and serve your family with compassion and integrity.

What Is Wrongful Death in Florida? Our Meldon Law Attorneys Explain

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 Gainsville wrongful death attorney must only prove that the negligent actions of another person were more likely than not the cause of your loved one’s death. 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.

Who Can File a Wrongful Death Lawsuit in Florida?

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 Meldon Law wrongful death team in Gainesville can help you determine whether you are eligible to file a claim.

Florida’s wrongful death laws have specific age restrictions that may impact your chances to file a claim. If your parent dies because of someone else’s negligence, you could be ineligible to pursue compensation if you’re over a certain age. As outlined in our Florida Wrongful Death Act guide, adult children who are over the age of 25 are not entitled to compensation in wrongful death cases involving their parents. Similarly, parents of deceased individuals over the age of 25 cannot file a wrongful death lawsuit. These age limitations are crucial to understand when considering your legal options.

Our experienced Gainesville wrongful death lawyers at Meldon Law will help you deal the complexities of wrongful death claims in Florida. We know the pain of losing a loved one due to negligence, and we’re committed to providing you with the legal support you need.

Wrongful Death Stats in Florida

What Compensation Can You Recover in a Wrongful Death Lawsuit in Gainesville?

In a Florida 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. A Meldon Law wrongful death lawyer in Gainesville knows that no amount of money can make up for a valued relationship. However, they do want to pursue compensation that will help you and your family move forward.

You should not be saddled with financial insecurity while you grieve and recover from your loss. Contact Meldon Law for a free case evaluation with a wrongful death lawyer in Gainesville to talk to them about the loss of your loved one. Our attorneys will explain your options moving forward.

Who Is Entitled to Wrongful Death Benefits in Gainesville, Florida?

According to Florida Statutes §768.21, in a wrongful death claim in Gainesville, Florida, the following individuals are entitled to wrongful death benefits:

• Spouse: The surviving spouse of the deceased person may recover damages for mental pain and suffering, loss of companionship, and loss of support and services.
• Children: The deceased person’s children, including adopted children and adult children, may recover damages for mental pain and suffering and loss of parental companionship, instruction, and guidance. Minor children may also recover for lost parental support and services.
• Parents: If the deceased person is a minor child, the parents may recover damages for mental pain and suffering. If the deceased person is an adult, parents may recover damages if there is no surviving spouse or children.
• Estate: The deceased person’s estate may recover certain damages, such as lost earnings, medical and funeral expenses, and lost prospective net accumulations of the estate.

It is important to note that the specific damages available to each category of survivors may vary depending on the circumstances of the case and the relationship to the deceased person. A wrongful death lawyer in Gainesville can help you understand your rights as a survivor and guide you through the process of seeking the compensation you deserve.

How Much Is the Settlement for a Wrongful Death Claim in Florida?

The settlement amount for a wrongful death case in Florida can vary, but it generally ranges from $500,000 to over $1 million, depending on the specifics of the case. The severity of the negligence, the circumstances of the death, and the applicable laws can all influence the final settlement. Your case may be heard in either state or federal court, which could also affect the compensation amount.

Why Choose Meldon Law to Help You After a Wrongful Death in Gainesville, Florida

After a tragedy, you deserve legal representatives who prioritize you above everything else—who make themselves available to answer your questions and concerns. Our wrongful death lawyers in Florida will be your source of hope and peace of mind.

Fear of the unknown may be a factor when you’re deciding whether or not to file a wrongful death claim. You may wonder what you can expect and whether or not it will be too stressful. Your Gainesville wrongful death lawyer will ease your fears by explaining your options and answering your questions. Here is why you should hire Meldon Laws’s wrongful death attorneys in Gainesville!

Your Wrongful Death Lawyer Can Provide Your Family Time to Grieve in Peace

One thing you can expect at every turn of the claims process is that we will be advocates you can turn to. We understand that after the death of a loved one, you are already grappling with a lot. You are most likely grieving while trying to cope with many unexpected stressors that are being thrown at you all at once. Your Gainesville wrongful death lawyer will be there to take some of that burden off your shoulders.

Your 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 specializing in wrongful death cases in Gainesville can prove that negligence caused the accident using the evidence they gather.

Using the above example, your Gainesville wrongful death lawyer 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 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.

A Gainesville wrongful death lawyer can talk more about negligence’s role in your case.

Meldon Law Has Outstanding Wrongful Death Claim Results in Florida

The following are stories about results we have achieved for clients who filed wrongful death claims. Keep in mind that no two wrongful death cases will be exactly alike, so the following case results we secured for our clients do not mean your case will have the same outcome.

• Wrongful Death/Medical Malpractice: $250,000

Our wrongful death lawyers were able to recover $250,000 after a patient died from hemorrhagic shock and bleeding from a catheter puncture site when the relocation of their temporary hemodialysis catheter was not monitored by hospital personnel.

• Wrongful Death/Scuba Drowning: $275,000

Our wrongful death lawyers were able to recover $275,000 after a young woman drowned when she was abandoned by her cave diving instructor after she sent out a distress signal.

While no settlement can bring your loved one back or take away the pain of their loss, when you file a personal injury claim and have a successful outcome, as these clients did, it holds the responsible parties accountable and protects other families like yours in the future.

Our Gainesville Wrongful Death Lawyers Work on Contingency

At Meldon Law, our Gainesville wrongful death lawyers provide families with accessible and compassionate legal representation. We work on a contingency fee basis, which means you don’t pay any upfront costs or fees. Your wrongful death lawyer in Gainesville will only receive payment if they successfully recover compensation for your case, ensuring that justice remains within reach for everyone, regardless of financial circumstances.

Common Types of Cases Our Wrongful Death Lawyers Handle in Gainesville, Florida

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
• Catastrophic accidents, 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.

If you’ve lost a loved one due to any of the circumstances above, you may be entitled to compensation. At Meldon Law, a Gainesville wrongful death lawyer will help you handle the legal process and seek justice for your tragic losses. With experience in managing a wide range of Florida personal injury cases, Meldon Law is committed to advocating for your rights. Contact us for a free consultation and to learn more about how we can assist you during this difficult time.

How Much Time Do You Have to File a Wrongful Death Claim in Florida?

It is important to file your wrongful death case as soon as possible because the sooner you file, the sooner your Gainesville wrongful death attorney can begin building a strong case to recover the financial compensation you and your family need.

You Generally Have Two Years to File a Wrongful Death Lawsuit in Gainesville, Florida

The law also limits the time you have to file. The statute of limitations, or time limit, on wrongful death lawsuits is typically two years from the date of the individual’s passing, per Florida Statutes § 95.11. If you do not file your case within this time, you will likely forfeit your legal right to claim any compensation at all.

Your Gainesville Wrongful Death Lawyer Will Need Time to Investigate and Build Your Case

Prior to filing your case, a wrongful death 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 Gainesville wrongful death lawyers 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 Meldon Law wrongful death attorneys in Gainesville will prepare your case for litigation from the beginning to protect your right to compensation.

Get a Free Case Review from a Wrongful Death Lawyer in Gainesville at Meldon Law!

Losing a loved one is never easy, but a Gainesville wrongful death lawyer 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 or contact us online to schedule a free consultation.

Wrongful Death Claims and Lawsuits in Gainesville, Florida: FAQs

If you’ve lost someone close due to someone else’s negligence, you may have inquiries about your options for pursuing a wrongful death claim. In Gainesville, Florida, understanding the process and laws surrounding wrongful death lawsuits is crucial to ensuring justice for your loved one. Below, we’ve answered some common questions to help guide you through this difficult time.