Wrongful Death Lawyers in Hollywood, FL
Every death is painful, but it can be even more devastating to know that your loved one passed away due to someone’s negligence. If this is the situation you’re facing, consult with wrongful death lawyers in Hollywood, FL by contacting Flaxman Law Group. Our team includes a father-son attorney team with decades of combined experience. We’re happy to offer a free consultation so you can get answers.
Common Types of Wrongful Death Cases in Hollywood, FLIn Florida, wrongful death cases arise when someone’s negligence leads to the loss of life. Some of the most frequent wrongful death scenarios in Hollywood, Florida include:
- Traffic accidents. Bicycle accidents, car accidents, ATV accidents, truck accidents, pedestrian accidents, and motorcycle accidents lead to tens of thousands of deaths every year. While we call them “accidents,” all too often they’re caused by distracted driving, speeding, driving under the influence, or reckless behavior, and those who are responsible can be held accountable.
- Medical malpractice. When a healthcare professional’s recklessness leads to a patient’s death, it can result in a wrongful death claim. This type of claim might include misdiagnosis, surgical errors, medication mistakes, or failure to provide appropriate care.
- Workplace accidents. Fatal accidents occurring on the job can also lead to wrongful death claims. These might involve construction site accidents, industrial machinery malfunctions, or exposure to hazardous materials. These cases can be complex because families may have a wrongful death claim but may also have a workers’ compensation claim. Working with wrongful death lawyers in Hollywood, FL can help you determine how best to proceed.
- Product liability. If a defective or dangerous product causes a fatal injury to your immediate family member, you may have a wrongful death claim. This includes cases involving faulty consumer goods, medical devices, or automobiles.
- Slip and fall accidents. Property owners have a duty to maintain safe conditions on their premises. They can be held liable if dangerous conditions lead to a fatal slip and fall accident.
- Criminal acts. Assault, homicide, sexual assault, and other crimes can result in criminal charges. Survivors who lose a loved one to crime may also be able to file a civil suit, regardless of the outcome of any criminal charges.
- Nursing home negligence. Residents of nursing homes and assisted living facilities are vulnerable because they may be frail or may have existing medical conditions. Nursing home abuse and neglect can lead to fatalities, and in these cases families may wish to speak to a personal injury attorney about filing a claim.
Whenever a loved one passes, it’s worth asking what happened. Talking to wrongful death lawyers in Hollywood, FL helps you understand whether you can pursue compensation.
Common Causes of Wrongful Death Cases in Hollywood, FLWrongful death cases in Hollywood, FL are often caused by preventable actions. For example, in car and motorcycle accidents, a driver’s decision to speed or drive distracted or drunk can lead to fatalities. Wrongful death cases can also happen if someone fails to take proper care, when someone ignores safety rules, or when a system fails to have the right processes in place (for example, on a construction site, lack of strong safety procedures can lead to fatalities).
Understanding Wrongful Death Cases in FloridaWhile every death is devastating to friends and family, not every death is a wrongful death. To file a wrongful death claim, you must be able to show that the death wasn’t just an accident, but rather was caused by negligence.
If you’ve lost a loved one, you’ll be grieving and may not be able to get answers about what caused the fatality. Working with wrongful death lawyers in Hollywood, FL can help, because attorneys can get answers, find liable parties, and pursue a claim for you. This way, you can seek justice and the compensation you need while you’re freed to focus on healing and on your family.
Who Is Liable in Wrongful Death Claims?If someone’s direct actions led to a death, they might be held liable for the fatality. For example, drivers in fatal car accidents, medical professionals who made critical errors, or individuals involved in criminal acts are all individuals who can be held liable in a wrongful death claim.
When a defective or unsafe product causes a fatal injury, the company or manufacturer that produced or sold the product may be liable. Healthcare companies or even medical facilities and hospitals can be held liable in cases of medical malpractice.
In certain situations, government agencies or entities can be liable, such as in cases involving poorly maintained public roads or unsafe conditions in public buildings. These cases can be complex, since government agencies enjoy added legal protections. If you think you have a wrongful death claim against a government entity, consult with wrongful death lawyers in Hollywood, FL as soon as you can.
Understanding Negligence in Florida Wrongful Death CasesNegligence involves a failure to exercise the level of care that a reasonable person would under similar circumstances. In wrongful death cases, it means that someone’s actions—or lack of action—directly contributed to the loss of life.
To prove negligence in a wrongful death claim, you need to establish that the responsible party owed a duty of care to the deceased. This means they had an obligation to act in a manner that would reasonably prevent harm. For instance, a driver has a duty to follow traffic laws, and a doctor has a duty to provide competent medical care.
The next step is demonstrating that the responsible party breached that duty of care. This breach occurs when a party’s actions (or inactions) fall short of what’s considered reasonable. For example, if a driver runs a red light and causes a fatal accident, they’ve breached their duty to follow traffic signals.
The next step is to show that the breach of duty directly caused the death. In other words, you need to show that without the breach the death likely wouldn’t have occurred.
Finally, you need to prove that the death resulted in damages. This includes both economic losses, like medical expenses and lost income, and non-economic losses such as suffering experienced by surviving family members.
Compensation in Wrongful Death ClaimsWhile no amount of compensation can replace a beloved family member, Florida law allows wrongful death claims because society recognizes that the death of a family member creates financial as well as emotional burdens for survivors. Wrongful death claims allow you to seek several types of compensation, including financial recovery for:
- Medical expenses. If your loved one incurred medical costs before their passing—such as hospital stays, surgeries, or other treatments related to the injury or illness—these expenses can be recovered.
- Burial costs. The financial burden of funeral expenses can be over $10,000, and a wrongful death claim allows you to seek recovery for these costs.
- Lost financial support. If the deceased was a primary breadwinner, their loss could impact the family’s financial stability for years. Compensation can cover the lost wages and future earnings that the deceased would have contributed to their family. This includes calculating the income they would have earned over their lifetime.
- Loss of companionship. While harder to quantify, compensation for the loss of companionship, guidance, and emotional support is an essential aspect of wrongful death claims. This acknowledges the profound impact the deceased had on their loved ones' lives.
- Pain and suffering. Although more challenging to measure, this addresses the emotional toll caused by the loss of a loved one.
- Loss of services. If the deceased provided valuable services or support to their family—such as caregiving, household maintenance, or other personal services—compensation might cover the cost of replacing these services. This helps families adjust to the practical changes that result from their loss.
- Punitive damages. If the responsible party’s actions were particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.
Each wrongful death case is unique, and it can be hard to put a number on your loss. During a time of grief, it can also be hard to plan for the future or to imagine the financial impact of a fatality. Contact wrongful death lawyers in Hollywood, FL to get support during this difficult time and to get an objective view of how much compensation you can seek.
As a family-run law firm, Flaxman Law Group brings compassion and empathy in every case. Their father-son attorney team provides a supportive and caring environment, making your legal journey as comfortable as possible. Reach out to us today to work with a law firm who understands how to guide you through a difficult time and to get representation from a team who is committed to helping you seek fair compensation.
Who Is Eligible to Pursue a Wrongful Death Claim?In Florida, only specific family members can pursue a wrongful death claim. Usually, this is the family members who are closest to the deceased and who counted on this person the most. Most often, wrongful death claims in Hollywood, FL are filed by:
- Surviving spouses. This includes both legally married partners and, in some cases, those who were in a long-term relationship recognized by law.
- If the deceased had biological or adopted children, the children may also have the right to pursue a claim, either individually or together with the surviving spouse. This can be important, especially with younger children, since losing a parent means losing not just the guidance of a parent but also the financial support, such as help paying for college, that children can reasonably expect.
- If the deceased was unmarried and had no children, the parents may have the right to file a wrongful death claim. This applies to both biological and adoptive parents and may be especially pertinent if the deceased was supporting their elderly parents or was providing a service, such as caretaking, for their parents.
- Other relatives. In certain situations, siblings or other family members who were financially dependent on the deceased or who suffered significant emotional distress may be able to pursue a claim.
- Personal representatives. In cases where the deceased left behind a will or estate plan, the personal representative or executor of the estate may file a wrongful death claim on behalf of the surviving family members. This individual can pursue compensation for the benefit of all eligible family members.
If you’re not sure whether you have a wrongful death claim, contact Flaxman Law Group for a free consultation. Let our caring wrongful death lawyers in Hollywood, FL walk you through your rights.
Florida Laws That Affect Wrongful Death CasesWrongful death claims in Hollywood, FL are governed by Florida personal injury law, and specifically by the Florida Wrongful Death Act (Florida Statutes, 768.16). Under these laws, only specific survivors can file a claim and only in cases where a party’s negligence has specifically led to a fatality.
The laws are complex and are based not just on written law but also on legal precedent and past cases. To navigate the claims process and to understand what your rights are, consult with wrongful death lawyers in Hollywood, FL, who can explain legal concepts in plain English and can explain how the law relates to your case.
What Our Hollywood Wrongful Death Attorneys Can Do for YouThe wrongful death lawyers on the Flaxman Law Group team have decades of experience. They can investigate the cause of a fatality, explain your rights, and can represent you if you decide to file a claim. Our team can take care of all the details, so you can take care of yourself during this challenging time.
If you think you may have a wrongful death claim in Hollywood, FL, don’t hesitate; reach out to Flaxman Law Group for your free consultation.