Wrongful Death
Wrongful Death Attorney
Losing a loved one is always painful, but when their death results from someone else’s negligence, the emotional toll is even greater. At Kearney Law, we understand the devastation that families face after a wrongful death. Our experienced legal team, led by Brittany Kearney, Esq., is dedicated to providing compassionate legal support while aggressively pursuing justice and compensation for families who have lost a loved one due to negligence or misconduct.
What is Wrongful Death?
Wrongful death occurs when an individual dies due to the negligent, reckless, or intentional actions of another party. This can include accidents, medical malpractice, defective products, or even criminal acts. The purpose of a wrongful death claim is to provide financial relief and justice for the surviving family members who have suffered emotionally and financially due to their loss.
At Kearney Law, we are committed to helping families hold responsible parties accountable. While no amount of money can replace your loved one, seeking compensation can help ease financial burdens, cover medical and funeral expenses, and provide future security for your family.
Common Causes of Wrongful Death
Wrongful death cases arise in various circumstances, including:
- Car Accidents: Fatalities caused by reckless driving, DUI, distracted driving, or speeding.
- Medical Malpractice: Cases involving misdiagnosis, surgical errors, medication mistakes, or failure to treat.
- Workplace Accidents: Fatal injuries occurring due to unsafe work conditions, lack of proper safety equipment, or employer negligence.
- Defective Products: Deaths resulting from dangerous or faulty consumer goods, medical devices, or industrial equipment.
- Slip and Fall Accidents: Fatal injuries occurring due to hazardous conditions on another person’s property.
- Nursing Home Abuse or Neglect: When a loved one dies due to mistreatment or neglect in a care facility.
- Criminal Acts: Homicide, assault, or other intentional acts that result in a person’s death.
We offer free consultations, and there is no fee unless we win your case. Contact us today to discuss your legal options.
(727) 592-5251
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Who Can File a Wrongful Death Claim?
Wrongful death lawsuits are typically filed by the surviving family members or the estate of the deceased. In Florida, the following individuals are eligible to file a wrongful death claim:
Children
Minor children or, in some cases, adult children of the deceased.
Parents
If the deceased was a minor or an unmarried adult, parents may file a claim.
Spouse
The surviving husband or wife of the deceased.
Other Dependents
In some cases, individuals financially dependent on the deceased may also have the right to pursue a claim.
Our team at Kearney Law will guide you through the process and determine the best course of action based on your relationship with the deceased and the circumstances of the case.
Compensation in a Wrongful Death Claim
A successful wrongful death claim can provide financial compensation to help ease the burdens left behind. Families may be eligible for damages such as:
- Medical Expenses: Bills related to emergency care, hospitalization, or treatment before the victim’s passing.
- Funeral and Burial Costs: Expenses for laying your loved one to rest.
- Loss of Income: Compensation for lost earnings and future income the deceased would have provided.
- Pain and Suffering: Emotional distress and loss of companionship suffered by surviving family members.
- Punitive Damages: In cases of gross negligence or intentional harm, additional damages may be awarded to punish the responsible party.
At Kearney Law, we work tirelessly to maximize compensation for grieving families. We handle all aspects of the legal process, allowing you to focus on healing.
Frequently Asked Questions (FAQs)
How long do I have to file a wrongful death claim?
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, exceptions may apply, such as cases involving medical malpractice or criminal actions. It’s crucial to act quickly to preserve your legal rights.
How is a wrongful death case proven?
To succeed in a wrongful death case, you must prove:
- The responsible party had a duty of care to the deceased.
- Their negligence or misconduct caused the death.
- The death resulted in financial and emotional damages for surviving family members.
Will my wrongful death case go to trial?
Many wrongful death claims are settled outside of court through negotiations. However, if a fair settlement cannot be reached, Kearney Law is fully prepared to take your case to trial and fight for the justice you deserve.
What if my loved one was partially at fault for their death?
Florida follows comparative negligence laws, meaning that even if the deceased was partially responsible, you may still recover compensation. However, the total damages awarded may be reduced based on the percentage of fault.
How much does it cost to hire a wrongful death attorney?
At Kearney Law, we work on a contingency fee basis, meaning you pay nothing unless we win your case. There are no upfront legal fees, and our payment comes from a portion of the settlement or court award.
Can a wrongful death claim be filed if criminal charges are involved?
Yes. A wrongful death lawsuit is a civil case, separate from any criminal case that may be filed against the responsible party. Even if no criminal charges are filed, or if the defendant is found not guilty in criminal court, you may still pursue a wrongful death lawsuit.
Testimonials
What Kearney's Clients Are Saying
Working with Kearney Law was a very smooth and easy. Their communication was exceptional specifically dealing with Carlene. Thank you to the entire Kearney law team for the amazing support.
Robert Portes
Absolutely amazing office. They are professional, responsive, and easy to work with. Carlene was fantastic! I do work with a lot of titles companies, and this was an amazing experience.
Alina Hoge Just want to say thank you guys for every closing you guys are an amazing team love working with you guys, Carlene is amazing and has managed to get us to closing every time no matter the obstacle very thankful to work with such an amazing team.
Marcela Hernandez I’d give six stars if I could. Expertise, professionalism and persistence all in one. They will do everything in their power to get your deal done. Thank you!!
Rob Kirkwood Carlene Ashe provided one of the highest levels of service of any title company.
Ryan GlazeContact Kearney Law for a Free Consultation
If you have lost a loved one due to negligence, Kearney Law is here to support you. Led by Brittany Kearney, Esq., our firm is committed to helping grieving families obtain justice and financial security during this difficult time.