Wrongful Death Lawyer

The following information is being provided to help those who have lost a close relative or loved one as a result of the wrongful act and/or negligence of another person or entity.  There are many circumstances which could give rise to a viable wrongful death action.  The most common of these circumstances involve instances in which an individual is killed as a result of another's negligent operation of a motor vehicle, motorcycle or boat.  In addition, wrongful death claims can be brought when an individual loses his life as a result of a negligent operation of a train, airplane, bus or through the use of defective products.  Someone who is killed as a result of the professional negligence of a physician, nurse or pharmacist, those circumstances may also give rise to a possible wrongful death claim.  Wrongful death claims are not limited in their scope and may arise when any individual loses his life due to the negligent act of omission to act of another individual or entity.  If a family member or loved one has died as a result of such an incident, you may be entitled to recover money damages for any economic loss and for the pain and suffering resulting from the loss of your relative or family member. The categories of damages that may be recovered are set forth in Florida Statute Section 768, which contains The Florida Wrongful Death Act.  Generally, damages are recoverable by certain relatives of the decedent called “survivors” and in certain instances by the decedent's estate.  Certain survivors including survivor's spouse, parent and or child of the decedent may be allowed to collect damages for their mental pain and suffering caused by the decedent's death and for the loss of the decedent's support and services, companionship, protection, loss of parental companionship, instruction and guidance.  The estate of the decedent  can recover damages for loss of the decedent's net accumulations, earnings along with medical and funeral expenses incurred as a result of the death.  The statute specifically sets forth the circumstances under which these damages can be recovered, which in certain instances can be complex and should involve an experienced attorney to be able to interpret the current statutory and case law governing the subject matter.

Florida Statute Section 768.20 provides that any wrongful death action must be brought by the personal representative appointed to administer the decedent's estate.  Therefore, before any wrongful death claim can be prosecuted, a probate proceeding must be opened in the county which has jurisdiction of the matter and a personal representative must be appointed by the court.  Wrongful death actions in many instances contain very significant and large monetary damage claims.  In addition, the Statute of Limitations for wrongful death actions in most cases is only two years from the date of death.  Therefore, it is imperative that enough time is allowed to permit a probate proceeding to be instituted appointing a personal representative so that a lawsuit can be filed prior to the two year wrongful death statute of limitations.  In the event an action can not be brought within that time, an individual's wrongful death claim could be forever barred.  For these reasons, it is strongly recommended that anyone having a potential wrongful death claim immediately retain an attorney experienced in this field of law.  The lawyers at Abramowitz, Pomerantz & Coffey P.A. are experienced personal injury attorneys who have handled numerous wrongful death actions.  In addition, our firm has the capacity to initiate the necessary probate proceedings to have a personal representative previously appointed.  This can avoid the cost, time and expense of hiring a separate probate attorney to handle that procedural portion of the claim.

 
If you or anyone you know may have a possible wrongful death claim resulting from the death of a loved one or close family member, our firm will always be available to analyze the situation and discuss the issues and strategies involved in bringing the claim.  These include discussing the potential liability of the at fault party, the amount of damages which could reasonably be claimed and the potential for successfully collecting any damages awarded from the at fault party or its insurer.

At Abramowitz, Pomerantz & Coffey P.A., we urge you to contact us regarding any questions you may have about a possible wrongful death action with the knowledge that you are dealing with an experienced AV Rated law firm specializing in personal injury law.  Our firm handles cases on a contingency fee basis which insures that you will pay a fee only if you recover damages.  We will be more than happy to provide you with a free initial consultation to enable you to discuss the merits of your possible wrongful death claim with one of our attorneys.  Please feel free to contact us today at (954) 572-7200, by email at abrpom.com or by filling out our online claim form .