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Getting immediate legal representation could be the difference between winning and losing. Its always best to get an attorney on board immediately so that we can demand that certain evidence be preserved before its destroyed and initiate an immediate investigation to get what we need so that we can hold the at-fault party responsible for their negligence.
We always love when clients want to come to our office, but in the event you aren't physically able or you're too busy with medical treatment or your car was totaled and you're having transportation problems, we offer Zoom/Telephone consultations and DocuSign contracts that can be read and signed right from an email.
Give us a call now and we can arrange a consultation either at our office, at your home or a meeting place of your choosing, or virtually via Zoom/Telephone.
Note: If you choose a Zoom/Telephone consultation, you are ALWAYS welcome to come in an meet with your attorney whenever you want so you can select the Zoom/Telephone option for now so we can get your case going immediately, and make an in-person appointment at a later date. Often times this ends up being the best option anyway because it lets us hit the ground running quickly and gather important information so that when you come in we can have a more in-depth conversation about your case.
Few things are more difficult than losing someone you love to an untimely death. The tragedy is further compounded when the loss was predicated by the reckless or negligent actions of someone else.
The experienced wrongful death lawyers at Freeman Injury Law understand those left behind are struggling not only with emotional trauma, but also the harsh financial realities. There are medical bills. The funeral expenses. The property loss. In cases where the loved one was a primary contributor to household income, loved ones are left struggling to avoid debt and bankruptcy.
This is why people initiate a wrongful death lawsuit. We seek to assist grieving loved ones in regaining their financial stability. We also endeavor to help them seek accountability and justice. In so doing, we recognize it will not bring the decedent back, but perhaps we help make such instances less likely to occur in the future.
Wrongful death can arise from virtually any action that can predicate a personal injury lawsuit. These may include deaths caused by:
Car accidents
Drunk driving crashes
Motorcycle accidents
Truck accidents
Bicycle accidents
Boating accidents
Birth injuries
Nursing home abuse and neglect
Falls
Construction accidents
Work-related injuries
Medical malpractice
Swimming pool accidents
Use of a defective product
Premises liability
The burden of proof often depends on the kind of injuries alleged. For example, in the use of a defective product, it may be enough to present a case based on strict liability – i.e., the product was defective and caused the injury, regardless of the manufacturer’s knowledge or intent of the defect. Meanwhile, a case rooted in premises liability would require plaintiff to prove the property owner/manager had actual or constructive knowledge of the danger and failed to remedy it in a reasonable amount of time. And in wrongful death stemming from medical malpractice, plaintiff would have to show not only a poor medical outcome, but that the doctor or health care provider deviated from the acceptable standard of care for his or her specialty.
These cases require a legal team with a wide breadth of knowledge and a wealth of experience in each of these areas of law.
Florida Wrongful Death Act
Florida Wrongful Death Act
In Florida, Florida Statutes 768.16-26 defines who may bring the lawsuit, when there is a right of action and what type of damages may be awarded.
Before a wrongful death lawsuit can even be filed in Florida, there must be an established estate for the decedent, with a named personal representative. In some cases, such person is established in a will. If no representative is named, it will be up to the court to name one upon request, with preference typically given to surviving spouses. Otherwise, parents or children might be named.
A personal representative may file the lawsuit on behalf of himself or herself, as well as other dependent survivors. Survivors may include decedent’s:
Spouse
Children (under 25)
Parents
Blood relatives or adoptive siblings dependent on decedent for support
If a personal injury action filed by decedent was still pending at the time of his death, that action must be abated and a wrongful death lawsuit filed.
Exact damages available in Florida wrongful death lawsuits will vary significantly depending on the identity of the defendant and the type of negligence alleged. For example, lawsuits against government agencies and agents may only net a maximum $300,000 in compensation. Those pursuing workers’ compensation death benefits, meanwhile, will find the maximum award is $150,000, plus $7,500 in funeral expenses. Medical malpractice wrongful death cases used to be capped as well, but the Florida Supreme Court did away with damage caps in those cases in 2014 under some circumstances.
For those whose claims are not statutorily capped, it’s possible for damages to exceed six figures or more, but a court will weigh a host of factors in deciding damages. Those may include the egregiousness of the negligence, any alleged contributory negligence on behalf of decedent and the degree to which decedent supported survivors.
Statute of Limitations on Florida Wrongful Death Claims
In every lawsuit , there is a certain period of time in which a claim must be filed. If that date is missed, more than likely plaintiff has forever lost the opportunity to pursue a claim. This is known as a statute of limitations.
In Florida, the statute of limitations on wrongful death actions is just two years from the date of death. This may seem fairly straightforward, but it could be a complicated matter in some situations. In some instances, a claim for wrongful death could be brought within four years of the underlying injury (if the person did not die immediately). However, if a negligence claim would have been time-barred, so too would the wrongful death action.
And in wrongful death stemming from medical malpractice, it gets even more confusing. The law requires claims be brought within two years of the time the incident is discovered or should have been discovered or, in some rare instances, up to four years from the date of the incident.
In some instances, it’s not enough to simply file a lawsuit. One must meet certain notice requirements prior to filing the case, and those notices often must be initiated within a short period of time after the incident – ultimately shortening the time you have to take action in these matters.
The bottom line is if you think you may have cause for wrongful death, it’s important to consult with an experienced attorney as soon as possible.
Contact Freeman Injury Law at (800) 561-7777 for a free consultation and review of your claim.
Statute of Limitations on Florida Wrongful Death Claims
What People Say
Client Testimonial
Ken and Dean are two of the best attorneys that you will ever know. They are both great guys and really work hard for you. The reason I'm leaving this review though is because they know how to get you... Read More
Eric Almly 10 months ago
Dean is awesome! He just knows how to get you the best result possible. If you've been hurt in an accident that is not your fault, trust me, he's the guy that you want to call. Read More
Denise Ishle 10 months ago
Ken and his team are awesome! Very experienced and gets you the results you want. They will go the extra mile for you and your case. Highly recommend them! Read More
Debby H. 9 months ago
Ken was Great. He answered all of questions promptly and accurately. I couldn't have asked for a better experience. Read More
Brandi 9 months ago
Dean Freeman is honestly the best attorney I have ever known! Great law firm. Read More
Yennifer Barreto 6 months ago
Can't complain these guys are great always there when you need them. Read More
Charlie Jason 4 months ago
From start to finish i was happy with all that the firm has done for my family very punctual and accurate always there when you need them day or night Read More
Pamela Crew 4 months ago
Need a Lawyer, call (800) 561-7777. Freeman Injury will get the job done! Read More
Keneisha Scott 4 months ago
Antonio Nivis represented my case & I must say I was Quite Impressed! Not only was he great about keeping me updated on everything, he also made me feel very comfortable throughout my entire case. Very pleasant individual to speak... Read More
Malik Golston 4 months ago
Antonio Nieves was the best! He called, left messages and even emailed me. He made communicating very easy! Any question I had he was there to answer, good advice as well! Thank you Antonio! Read More
Dominique Dooley 4 months ago
Ken was great, I would recommend to anyone. Read More
Magda Rivera 4 months ago
Everyone was very professional, nice, and helpful. No question went unanswered! Overall, great experience! Read More
Destiny Bass 4 months ago
Fueron muy rapidos y profesionales. Les agradesco todo lo que hicieron. Y satisfecho con el resultado final. Read More
Alberto Cordero 4 months ago
Definitely a five stars for a lack of an higher rating. I'm highly recommending this firm for their professionalism as well as for the time spent to listen and understand my case. I'm more than satisfied with the outcome as... Read More
Almamy Facine Sylla 4 months ago
I cannot thank Ken enough for all of his hard work and dedication while working on my case. He was there for me every step of the way and answered any question that I had day or night. He made... Read More
Ashley Scott 4 months ago
Sanja was great! Was kept updated consistently. Process was quick and easy. No complaints. Thank you! Read More
Alyssa Garcia 4 months ago
Attorney Rafael Gonzalez and his paralegal Miriam gave good customer service, very friendly, respectful and nice. Read More
Kayann Rainford 4 months ago
Very professional and attentive team Miriam and Attorney Gonzalez were always willing to answer my questions and concerns and most of all always looking out for my best interest. Very satisfy. Read More
Ada Fondeur 4 months ago
I just would like to think FREEMAN LAW for there hard work on my case and for doing and execellent job taking care of me thanks again James Read More
James D.Coleman Jr. 4 months ago
Freeman Injury provided excellent service and was extremely transparent throughout. Read More
Sylvester A. Cole Jr. 4 months ago
The best help I have had regarding the case. Would highly recommend to anyone seeking auto I jury help Read More
Charlie Day 4 months ago
Ken is absolutely amazing. He's completely down to earth and tells you exactly like it is. He gives you the good and the bad and that's what I appreciate. His staff does an amazing job and any questions you have... Read More
Brittany Miller 4 months ago
Wow, It's difficult to hold back tears, I don't know where to start and I'm trying not to get emotional while sending this testimonial. Working 10years for a company that I grew to love and respect not knowing that an... Read More
Tina Williams 4 months ago
I had an awesome experience with this law firm. Rafael Gonzalez and Miriam are great all the time take the phone. Answer questions, always ready to help you. Being in an accident is already so stressful, they would help you... Read More
Ana Quijano 4 months ago
If i could i would give them an 11. Stellar service from Ken and Sanja. I would highly recommend them to anyone looking for an injury attorney. They make the process so easy. All you have to worry about is... Read More
Stacey Abercrombie 4 months ago
Rafael Gonzalez and Miriam at freeman law firm, I will recommend them to every one because they are always there to serve their client and they are the best. Read More
Rosmund Dangleben 4 months ago
Me gusto la forma como manejaron mi caso.. Pudieron culminarlo rapidamente y con buen resultado. Muchas gracias a Antonio Nieves y su equipo. Read More
Juan Carlos Cristobal 4 months ago
My process was very long but it was worth the wait.The Freeman Law Firm and Mr. Gonzalez and Miriam are very professional and a great to work with. I will received updates as to my case frequently and I appreciate... Read More
Leslie Dixon 4 months ago
I want to thank you all for sticking by me and my grandchildren, Aaron we appreciate you so very much. Jill thank you so much for also being by our side. I will always remember your kindness and patience and... Read More
Maria C Alfeo 4 months ago
From start to finish my lawyer at Freeman Injury Law was with me. She gave me her personal cell phone number so that i could reach her if i had any problems or worries. And the best part is they... Read More
Christopher Warren 4 months ago
Ken and Dean are two of the best attorneys that you will ever know. They are both great guys and really work hard for you. The reason I'm leaving this review though is because they know how to get you results and are very good at doing that. I can't say enough about them.
Eric Almly 10 months ago
Dean is awesome! He just knows how to get you the best result possible. If you've been hurt in an accident that is not your fault, trust me, he's the guy that you want to call.
Denise Ishle 10 months ago
Ken and his team are awesome! Very experienced and gets you the results you want. They will go the extra mile for you and your case. Highly recommend them!
Debby H. 9 months ago
Ken was Great. He answered all of questions promptly and accurately. I couldn't have asked for a better experience.
Brandi 9 months ago
Dean Freeman is honestly the best attorney I have ever known! Great law firm.
Yennifer Barreto 6 months ago
Can't complain these guys are great always there when you need them.
Charlie Jason 4 months ago
From start to finish i was happy with all that the firm has done for my family very punctual and accurate always there when you need them day or night
Pamela Crew 4 months ago
Need a Lawyer, call (800) 561-7777. Freeman Injury will get the job done!
Keneisha Scott 4 months ago
Antonio Nivis represented my case & I must say I was Quite Impressed! Not only was he great about keeping me updated on everything, he also made me feel very comfortable throughout my entire case. Very pleasant individual to speak with. Professional & on top of all task presented. Thank you so much to Freeman & Especially Antonio for everything. I really appreciate your hard work and services you provided for me. I Highly recommend him for anyone else involved in any accidents.
Malik Golston 4 months ago
Antonio Nieves was the best! He called, left messages and even emailed me. He made communicating very easy! Any question I had he was there to answer, good advice as well! Thank you Antonio!
Dominique Dooley 4 months ago
Ken was great, I would recommend to anyone.
Magda Rivera 4 months ago
Everyone was very professional, nice, and helpful. No question went unanswered! Overall, great experience!
Destiny Bass 4 months ago
Fueron muy rapidos y profesionales. Les agradesco todo lo que hicieron. Y satisfecho con el resultado final.
Alberto Cordero 4 months ago
Definitely a five stars for a lack of an higher rating. I'm highly recommending this firm for their professionalism as well as for the time spent to listen and understand my case. I'm more than satisfied with the outcome as I witnessed the team taking care of the matter as if it was theirs. Thanks a million. Hoping that the firm will grow bigger and that more of your clients will be as satisfied as I am.Team work always pays !!!
Almamy Facine Sylla 4 months ago
I cannot thank Ken enough for all of his hard work and dedication while working on my case. He was there for me every step of the way and answered any question that I had day or night. He made such a scary time in my life much more manageable and I am very grateful to have had him in my corner. I would recommend Freeman Injury Law's services to anyone, and in fact I have!
Ashley Scott 4 months ago
Sanja was great! Was kept updated consistently. Process was quick and easy. No complaints. Thank you!
Alyssa Garcia 4 months ago
Attorney Rafael Gonzalez and his paralegal Miriam gave good customer service, very friendly, respectful and nice.
Kayann Rainford 4 months ago
Very professional and attentive team Miriam and Attorney Gonzalez were always willing to answer my questions and concerns and most of all always looking out for my best interest. Very satisfy.
Ada Fondeur 4 months ago
I just would like to think FREEMAN LAW for there hard work on my case and for doing and execellent job taking care of me thanks again James
James D.Coleman Jr. 4 months ago
Freeman Injury provided excellent service and was extremely transparent throughout.
Sylvester A. Cole Jr. 4 months ago
The best help I have had regarding the case. Would highly recommend to anyone seeking auto I jury help
Charlie Day 4 months ago
Ken is absolutely amazing. He's completely down to earth and tells you exactly like it is. He gives you the good and the bad and that's what I appreciate. His staff does an amazing job and any questions you have they are on top of it.
Brittany Miller 4 months ago
Wow, It's difficult to hold back tears, I don't know where to start and I'm trying not to get emotional while sending this testimonial. Working 10years for a company that I grew to love and respect not knowing that an injury at work change my life suddenly. With great disappointment and fear, being treated poorly and unjustfully, I was deeply sad, hurt, and surprised. I didn't know where to turn, I prayed and prayed...One day driving home, I saw a sign that said trust FREEMAN INJURY LAW. Something in my spirit said TRUST them...It was very hard for me to TRUST anyone..I 1st spoke with Antonio who told me that one of his colleagues would take care of me...My anxiety was very high and with GREAT FEAR [I had] because of what I had just gone through not knowing who to trust,I took a leap of Faith. I pray that the FREEMAN Injury Law TEAM are blessed exceedingly GREAT for all that you have done for me and what you all do in the community. My experience may have bruised or may have left a scar but I am not broken all because of you and the Freeman Injury Law Group.. Thanks for Eternity-Gran Bendicion.
Tina Williams 4 months ago
I had an awesome experience with this law firm. Rafael Gonzalez and Miriam are great all the time take the phone. Answer questions, always ready to help you. Being in an accident is already so stressful, they would help you with everything you need: guide you with your doctors visits, give you an advise all the time. I strongly recommend them for ALL your situations. Love them!!!!
Ana Quijano 4 months ago
If i could i would give them an 11. Stellar service from Ken and Sanja. I would highly recommend them to anyone looking for an injury attorney. They make the process so easy. All you have to worry about is going to treatment and getting better and they take care of the hard stuff. The result at the end of the case speaks for itself.
Stacey Abercrombie 4 months ago
Rafael Gonzalez and Miriam at freeman law firm, I will recommend them to every one because they are always there to serve their client and they are the best.
Rosmund Dangleben 4 months ago
Me gusto la forma como manejaron mi caso.. Pudieron culminarlo rapidamente y con buen resultado. Muchas gracias a Antonio Nieves y su equipo.
Juan Carlos Cristobal 4 months ago
My process was very long but it was worth the wait.The Freeman Law Firm and Mr. Gonzalez and Miriam are very professional and a great to work with. I will received updates as to my case frequently and I appreciate all the updates. Thank you very much for handling my case.
Leslie Dixon 4 months ago
I want to thank you all for sticking by me and my grandchildren, Aaron we appreciate you so very much. Jill thank you so much for also being by our side. I will always remember your kindness and patience and most of all your compassion that you both had for us, I was surely recommend your Law Firm to anyone I know. God bless you all :-)
Maria C Alfeo 4 months ago
From start to finish my lawyer at Freeman Injury Law was with me. She gave me her personal cell phone number so that i could reach her if i had any problems or worries. And the best part is they got the amount that I thought was sufficient to close my case.
