Port St. Lucie Wrongful Death Lawyer

Losing a loved one in a senseless act can uproot your life. You may be confused about who is responsible and your legal rights while also being crushed by the devastating grief you are enduring. At Graves Thomas Rotunda Injury Law Group, our compassionate legal team can gently explain your legal rights and timelines that apply to your case. Our goals are to protect your rights and fight to secure accountability from the negligent party responsible for your loved one’s death. 

For almost two decades, our personal injury law firm has zealously advocated for the rights of clients throughout Port St. Lucie, Florida, and surrounding areas. Our attorneys have received numerous awards and recognitions, including being named members of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, National Trial Lawyers, Civil Plaintiff – Top 100 Trial Lawyer in Florida, and recipients of the AV-Preeminent rating by Martindale-Hubbell. 

Our nationally-recognized lawyers have recovered hundreds of millions of dollars in financial compensation for our clients. Contact us at (772) 677-0373 to speak to an experienced Port St. Lucie wrongful death lawyer today.

How Can a Port St. Lucie Wrongful Death Lawyer Help Our Family?

At Graves Thomas Rotunda Injury Law Group, our motto is “Let our family serve ours.” This saying is evident at every stage of our legal representation during a wrongful death case. A Port St. Lucie, FL, wrongful death lawyer from our law firm can help your family during this difficult time by:

  • Patiently explaining your legal rights and options for filing a wrongful death claim
  • Thoroughly investigating the accident and identifying all parties responsible for your loved one’s death
  • Meticulously working with expert witnesses to quantify the losses your family has experienced and that are available under Missouri law
  • Aggressively pursuing the maximum compensation your family deserves that acknowledges the full extent of your losses
  • Tirelessly preparing for trial if settlement negotiations fail to result in fair compensation for you and your family

Let us show you the difference 50 years of combined experience takes when you reach out to our lawyers for a free consultation with a Port St. Lucie personal injury attorney. 

What Is Wrongful Death in Florida?

What Is Wrongful Death in Florida?

Florida’s wrongful death statute states that a decedent’s estate has the right of action to file a wrongful death claim when the death was “caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.” Essentially, if your loved one had survived the accident and would have been able to file a personal injury lawsuit, there may be grounds to file a wrongful death lawsuit in the event of their death.

Is a Wrongful Death Case the Same as a Criminal Case?

Wrongful death cases are independent of any criminal case. In a criminal case, the prosecutor tries to secure a verdict or plea bargain against the defendant to punish the defendant. A wrongful death case focuses on providing financial compensation for the losses resulting from the wrongful death.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law allows the victim’s estate to sue on the surviving family member’s behalf. If the victim appointed a personal representative in their will, this person can file the claim. If there is no will, the surviving spouse or another family member can request to be appointed as the personal representative.

Causes of Wrongful Deaths

Wrongful deaths can occur for many reasons, including intentional acts like murder or drunk driving, as well as acts of negligence. At Graves Thomas Rotunda Injury Law Group, we represent personal injury victims and families affected by accidents, such as:

An experienced Port St. Lucie wrongful death attorney can review the circumstances of your case to determine if you can file a wrongful death claim.

What Is a Florida Wrongful Death Case Worth?

Wrongful death claims may be able to provide a grieving family with financial stability after they tragically lose a loved one. They may be anxious to settle a case but not know what their case should settle for. Unfortunately, there is no average settlement amount to expect because each case has unique circumstances that can affect its value. 

The best way to determine the value of a particular case is to speak to an experienced wrongful death lawyer who can evaluate the facts of the case, investigate your pathways for financial recovery, determine the damages you are eligible for, and pursue your case. 

What Damages Are Awarded in Florida Wrongful Death Cases?

Florida law specifies damages that can be awarded in wrongful death cases and who can recover them. Potential damages may include:

  • Medical bills: Any family member who pays the decedent’s final medical bills may be reimbursed for these expenses. If the estate pays these expenses, the estate can recover the damages. 
  • Funeral expenses: Similarly, if a family member paid for funeral expenses, they can be reimbursed for these losses. If the estate paid them, it can recover the costs.
  • Loss of support and services: Surviving family members can recover lost past and future financial contributions the decedent would have provided had they lived. These damages include money, property, and labor.
  • Lost earnings: The estate can recover the victim’s future lost earnings and benefits, including pensions and employment benefits.
  • Lost accumulation of the estate’s value: The estate can recover the value of income or value it would have achieved if the victim had not died. 
  • Mental pain and suffering: A surviving spouse and children under the age of 25 can generally recover for mental pain and suffering they endured because of the death. Adult children can recover pain and suffering damages when there is no surviving spouse except for medical malpractice claims. The victim’s surviving parents can seek these damages if there’s no surviving spouse or minor children unless the case is based on medical malpractice. 
  • Loss of companionship and protection: Surviving spouses and minor children may be able to recover compensation for the loss of guidance, instruction, protection, companionship, and support.

Let our experienced legal team fight for the full compensation your family deserves.

How Is a Wrongful Death Settlement Paid Out?

Florida law has specific rules about how a wrongful death settlement or jury award is distributed. The court considers various factors when apportioning damages to the surviving family members. For example, when evaluating damages for loss of support and services, the court considers the following factors:

  • The amount of the decedent’s probable net income available for distribution to the particular survivor 
  • The survivor’s relationship to the decedent
  • The replacement value of the decedent’s services
  • The life expectancy of the surviving family member
  • The life expectancy of the decedent 
  • The duration of time left that the survivor will be a minor 
  • The identity and number of people responsible for the injury

The court can consider any agreement adult beneficiaries come to. Additional rules that apply to wrongful death awards in Florida include:

  • If a minor child is a surviving family member, a guardian must be appointed to disburse funds to the child until the child becomes an adult.
  • If an adult child was fully dependent on the decedent for financial support, they have the same priority as minor children. 
  • Attorney fees may be deducted from awards to survivors and the estate. 
  • If a creditor perfected a lien against the estate, the lien is taken from the portion of the wrongful death settlement awarded to the estate, not to that which is awarded to the surviving family members.
  • If a spouse is the personal representative, the court may appoint an administrative ad litem to ensure a fair distribution of funds.

Experienced wrongful death lawyers can calculate the value of your losses and those of other survivors so you have a realistic idea of what to expect at the conclusion of a successful case.

How Long Do We Have To File a Wrongful Death Lawsuit in Florida?

Each state establishes its own laws regarding how long a person has to file certain types of legal actions. In Florida, the time limit to file a wrongful death lawsuit is two years from the decedent’s death. If you or another eligible person does not file your case within this timeline, you can lose your right to pursue compensation and justice through the civil justice system. Protect your rights and your loved one’s legacy by reaching out to a qualified lawyer today.

Contact Our Port St. Lucie Wrongful Death Lawyers for a Free and Confidential Consultation 

If you recently lost a loved one because of someone else’s careless actions in Florida, a Port St. Lucie wrongful death lawyer from Graves Thomas Rotunda Injury Law Group can fight for the justice your loved one deserves. Contact us today to take advantage of a confidential, complimentary case review.