vero beach Wrongful Death Lawyers
Vero Beach, FL
When you or a loved one experience a serious injury or loss due to someone else’s negligence, it’s important to have the right people fighting on your side. When it comes to personal injury, wrongful death, or medical malpractice, choosing the right attorney could be one of the most important decisions of your life.
That’s where the personal injury lawyers at Gould Cooksey Fennell come in.
The team at Gould Cooksey Fennell has more than 60 years of experience fighting for those seriously injured as a result of the negligence of others. Our board-certified trial lawyers will provide passionate legal representation and fight for you. We take on the insurance companies and other large corporations that don’t have your best interests at heart, guiding you through the process with personal attention. We care about our community, and we’re passionate about getting justice for everyone.
If you’re dealing with a personal injury lawsuit, this isn’t the time to try to navigate legal matters on your own; you need a law firm you can trust to deal with matters on your behalf. Reach out to our law offices today to schedule a free initial consultation with a Treasure Coast wrongful death lawyer.
Overview of a Wrongful Death Claim
A wrongful death occurs when a person’s death is caused by the negligence, recklessness, or wrongful conduct of another person. A wrongful death lawsuit is a type of personal injury claim. The key difference is that the injured victim is no longer alive to pursue compensation, so Florida law allows certain surviving family members and the deceased person’s estate to seek damages on their behalf.
Wrongful death claims can arise from many different situations, including motor vehicle accidents, medical malpractice, unsafe premises, defective products, workplace accidents, nursing home neglect, and other preventable incidents. Essentially, if the deceased person (decedent) could have filed a personal injury lawsuit if they had lived, then their survivors may be able to file a wrongful death claim after their death.
While no legal action can undo the loss of a loved one, a wrongful death lawsuit can provide financial security for surviving family members. Perhaps more importantly, it can also offer a sense of justice after a person dies because of something that someone else did or failed to do.
The person who files the wrongful death lawsuit (plaintiff) typically has the burden of proving that the at-fault party (defendant) was responsible for the death. This usually means demonstrating that the defendant was negligent, or careless, in some way. For example, if the defendant merged onto the highway without yielding and caused a car accident that killed your family member, that may show negligence.
In some cases, a wrongful death occurs because of reckless or intentional conduct, such as a drunk driving crash or nursing home abuse. You can still file a wrongful death lawsuit.
A wrongful death case is a civil lawsuit. In some cases, the incident that caused the wrongful death may also be a crime. In this situation, the civil wrongful death case will proceed separately from any criminal prosecution. While a conviction may be helpful, it is not necessary to pursue a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida’s wrongful death laws establish specific rules for who may file a wrongful death action. Unlike some states, individual family members do not file the lawsuit directly. Instead, the personal representative of the decedent’s estate files the claim on behalf of both the estate and surviving family members.
Potential beneficiaries of a wrongful death claim may include:
- A surviving spouse
- Children
- Parents
- Certain dependent relatives
Determining who is entitled to recover damages can become complicated, particularly in blended families, cases involving multiple children, or situations where an adult relative was dependent on the deceased person. An experienced Florida wrongful death attorney can help to identify all eligible beneficiaries and ensure that their rights are protected throughout the legal process.
Damages in a Florida Wrongful Death Case
In a wrongful death lawsuit, the estate may be able to recover financial compensation (damages) for the losses suffered by the decedent and surviving family members. The damages available will depend on the circumstances surrounding the death and the surviving family members involved in the case. Potential compensation can include money for both economic and non-economic losses.
The estate can recover money for certain losses. This may include:
- Medical and funeral expenses paid directly by the estate
- The value of earnings and benefits that the decedent could have reasonably been expected to save and leave as part of the estate if they had lived
- Lost wages, benefits, and other earnings from the date of the injury to the date of death
Surviving family members can also recover money for:
- Mental pain and suffering
- Loss of support and services that the decedent provided to family members
- Loss of the decedent’s companionship and protection
- Medical and funeral expenses paid by surviving family members
- Loss of parental companionship, instruction, and guidance
Importantly, there are limits on damages in wrongful death cases based on medical malpractice. Specifically, parents of a deceased adult child cannot recover money for their mental pain and suffering. Adult children of a deceased parent also cannot recover for mental pain and suffering or for lost parental companionship, instruction, and guidance.
To recover money for a wrongful death in Florida, the lawsuit must be filed within the statute of limitations. This means that in most cases, you must file a lawsuit within 2 years of the date of the decedent’s death. However, if the death resulted from murder or manslaughter, there is no time limit on filing a wrongful death lawsuit (even if the accused has not been charged with or convicted of the crime).
Damages in a wrongful death case won’t bring your loved one back. However, this money can be an important way to gain financial stability after a loss. Our Vero Beach wrongful death attorneys will fight to get you both justice and the money that you need to move forward.
How a Wrongful Death Attorney Can Help
After an accident, you might be under the impression that you don’t really need a lawyer because the defendant was obviously at fault. Unfortunately, insurance companies frequently dispute liability in wrongful death claims. This is particularly true when substantial damages are involved.
Common defense strategies include:
- Denying negligence
- Disputing causation
- Shifting blame to the deceased
- Challenging the extent of damages
- Arguing that pre-existing conditions caused the death
These tactics are designed to minimize financial exposure and reduce settlement value. Having experienced trial lawyers on your side can make a significant difference when dealing with insurers and corporate defendants that have substantial resources available to defend claims.
Our law firm offers free initial consultations so that you can better understand your legal rights and options for pursuing a claim. During this consultation, we will listen to your story. We will then offer you advice on next steps.
If you decide to hire our Vero Beach wrongful death lawyers, we will get to work right away to build the strongest possible claim. We will start by investigating the underlying incident. This may include interviewing witnesses, requesting accident reports, reviewing photos and videos, working with experts, analyzing medical records, and more.
At the same time, we will research Florida law to support your case. We will also handle all communications with the insurance company for you. This includes sending a demand letter to the insurer that outlines the facts and legal basis for your claim and makes a demand for compensation.
Most personal injury cases, including wrongful death claims, are resolved outside of court. We will work hard to negotiate a settlement that truly reflects the extent of your losses. If the insurance company refuses to offer you a fair settlement, we will take your case to trial to get the money that you deserve.
During a time of immense grief and sadness, it can be hard to know what to do. Our law firm will take on the burden of dealing with the legal system for you. We will protect your rights while allowing you the space and time to grieve the loss of your loved one.
What Cases We Handle in South Florida
You Focus on Healing. We’ll Focus on Justice.
At Gould Cooksey Fennell, we’re proud to be a full-service personal injury law firm. Our goal is to deliver the best possible outcome to those who have been wronged as a result of someone else’s negligence. From car accidents to medical malpractice suits, you can trust our Vero Beach attorneys to do what’s right for you.
We’re experienced in handling a wide variety of lawsuits, including the following:
- Medical malpractice
- Defective products
- Auto accidents
- Truck accidents
- Brain injuries
- Motorcycle accidents
- Premises liability
- Dog bites
Everyone deserves quality, passionate representation, and anyone who’s been injured should not have to feel like they’re going through the process alone. Our team of professional personal injury attorneys are on your side.
Let Our Experienced Team Fight For You
Since 1955, Gould Cooksey Fennell has been in Vero Beach, fighting for the proposition that the court system is here to protect everyone, not just the rich and powerful. Our team of board-certified personal injury and wrongful death attorneys will fight tirelessly to protect your rights.
Automobile and medical malpractice insurance companies, along with other large corporations, have seemingly unlimited resources available to protect their interests. It’s our responsibility to make sure every citizen has access to that same level of professionalism, preparation and dedication.
We proudly serve Vero Beach and the surrounding areas in South Florida, including:
- Indian River County
- Treasure Coast
- Port St. Lucie
- Fort Pierce
- Sebastian
FREE WRONGFUL DEATH CONSULTATION
- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable Wrongful Death Settlements and Verdicts
A 52 year old man arrived at a hospital ER with a UTI, resulting in negligent, non-emergency intubation that caused the catastrophic anoxic brain injury leading to his death. After a trial involving complex medical and technical issues relating to critical care medicine, infectious disease, hospital administration, and electronic medical record systems, the family obtained a wrongful death settlement of $31.9 million.
Pedestrian was struck and killed crossing the street in Hillsborough County, Florida.
Incident resulting from pedestrian being struck by vehicle in parking lot. In only six short months following the incident, the Plaintiff had a remarkable physical, mental and functional decline which ultimately led to his death.
An 83 year old woman was killed when her car was struck by a 18-wheeler on SR 60 in Vero Beach, FL. The decedent’s adult children agreed to proceed as her statutory survivors and obtained a wrongful death settlement of $400,000.
Gould Cooksey Fennell served as Co-Counsel in a Georgia case involving alleged misdiagnosis/mistreatment of preeclampsia resulting in the death of a 39 year old mother.
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Our Personal Injury & Wrongful Death Attorneys
David M. Carter
Brooke W. Odom
Jason L. Odom
Peter J. Lubas
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OVER 70 YRS OF LEGAL EXPERTISE
$150M+
Recent Personal Injury Verdicts & Settlements
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