Did you recently lose a loved one in Lakeland, FL, due to someone else’s careless or reckless actions? An experienced Lakeland wrongful death lawyer at Thomas C. Grajek, Attorney At Law can help your family fight for justice. You may be entitled to compensation. Call us at (863) 999-9000.
For decades, families like yours have trusted our team to stand up to powerful insurance companies and defense teams on their behalf.
We’re prepared to help your family fight for the full compensation you deserve. To learn more about how we can help you fight to hold the at-fault party responsible, contact our law offices in Lakeland, Florida, to schedule a free consultation today.
Why Should I Call Thomas C. Grajek, Attorney At Law for Help With a Wrongful Death Case in Lakeland?
If you’ve recently suffered the tragic loss of a loved one, fighting for money may be the furthest thing from your mind. Money can’t change what happened. It can help you protect yourself and your family–especially if you relied on your loved one for financial support.
When you hire our experienced Lakeland personal injury lawyers at Thomas C. Grajek, Attorney At Law, you’ll have an experienced advocate to:
- Conduct a detailed investigation
- Locate the evidence you’ll need to prove who was responsible
- Work with respected experts to strengthen your case
- Calculate the full value of your damages, including financial losses and your family’s intangible grief and suffering
- Handle the paperwork and insurance claims process
- Negotiate for the maximum compensation possible
It’s important to call a Lakeland personal injury attorney quickly. The statute of limitations has already started running, so call today to learn more about your legal right to pursue compensation.
How Often Do Fatal Accidents Occur in Florida?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 3,428 people were killed in motor vehicle accidents statewide in 2023. That includes 233 bicyclists, 628 motorcycle riders and 795 pedestrians. 160 people were killed in traffic accidents in Polk County alone.
Another 59 people were killed in boating accidents during 2023. 307 Florida workers were killed on the job in 2022.
Overview of Florida’s Wrongful Death Laws
Under the Florida Wrongful Death Act, “wrongful death” means a death caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person.
You may have a valid lawsuit if your loved one:
- Died because of someone else’s actions, whether intentional or accidental, and
- Would have been entitled to file a personal injury lawsuit had they lived
Wrongful death cases are very similar to personal injury cases. The difference, of course, is that the victim’s injuries were so severe that they could not survive.
Wrongful death lawsuits are civil matters. When you take legal action, you’re filing a claim to recover financial compensation. Most wrongful death cases involve accidents, not criminal offenses. However, you can have a valid wrongful death lawsuit against a defendant who is also facing criminal charges.
How Does a Wrongful Death Lawsuit in Florida Work?
Your loved one’s personal representative actually files the wrongful death lawsuit. Typically, the personal representative is a relative, close friend, or trusted advisor.
Any compensation recovered in your wrongful death case is distributed to the victim’s surviving family and their estate.
“Survivors” under Florida law include:
- Surviving spouses
- Children
- Parents
- Any other blood relatives or adopted siblings who depended on the victim for financial support or services
When none of these parties exist, the compensation is received by the victim’s estate and distributed according to Florida’s intestate laws or the victim’s will.
What is My Lakeland Wrongful Death Case Worth?
The value of any wrongful death case depends on the unique facts and circumstances.
Some of the most relevant considerations when assessing your case value include:
- The financial costs you’ve incurred, including medical expenses, funeral costs and estate administration costs
- Your loved one’s age and life expectancy
- The identity of surviving dependents, and how their lives have changed
- The circumstances of your loved one’s death, including the actions of the at-fault party
- Your loved one’s earning potential had they lived
- The pain, suffering and trauma your loved one experienced prior to death
- How your family has suffered due to your loss
- How your loved one contributed to the household and family prior to death
It’s critical to understand how much your case is worth when negotiating with the other side. Insurance companies and their lawyers know how much you deserve. They also know how to manipulate situations to avoid paying a fair amount.
When in doubt, it’s always best to have an experienced Lakeland wrongful death attorney advocating on your behalf. Our lawyers are always ready to discuss your case, so contact us today to get started.
What Types of Damages Are Available in a Successful Wrongful Death Case?
In legal terms, the losses you’ve suffered are called damages. You can seek compensation for economic and non-economic losses.
Some common examples of the types of damages you may recover include:
- Medical expenses incurred between the date of injury and date of death
- The wages your loved one lost between the date of injury and date of death, with interest
- Funeral costs
- Loss of the value of household services the your loved performed
- Loss of inheritance
- Loss of consortium, or loss of a spouse’s companionship
- Loss of parental advice, instruction and guidance
- Mental pain and suffering
Establishing the value of your losses can be challenging. Our lawyers can help with the entire process. We’ll work closely with your family as we build your case and document your losses. We also have relationships with experts who can testify about particularly complicated issues.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Florida?
It’s common for people to wonder how they can afford a lawyer. Fortunately, most personal injury law firms in Lakeland charge contingency fees.
At Thomas C. Grajek, Attorney At Law, we work on a contingency fee basis. Our fees are typically somewhere around 33%-40% of your compensation. You’ll never pay if we’re unable to recover compensation in your case.
Can I Recover Damages If My Loved One Was Partly Responsible for a Fatal Accident in Florida?
Insurance companies often try to blame victims for causing accidents. Under Florida law, you can lose your right to damages if the other side proves your loved one was more than 50% responsible.
If your loved one shared some blame, but less than 51%, your family’s compensation is reduced by that percentage.
Any Type of Traumatic Event Can Result in a Fatal Injury in Lakeland
We know that any severe trauma can lead to death.
Our team at Thomas C. Grajek, Attorney At Law handles any type of wrongful death claim, including cases involving:
- Car accidents
- Construction accidents
- Workplace accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Swimming pool accidents
- Exposure to toxic substances
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Assault and violence
- Negligent security
The person responsible for your loved one’s death should be held accountable. Our attorneys in Lakeland are prepared to help you make that happen. Give us a call to schedule a free case review so you can learn more about your legal options today.
What Do I Have to Establish to Win a Wrongful Death Case in Florida?
The legal theories that apply in personal injury cases are also important in wrongful death cases. As a survivor, you’re responsible for proving that someone else caused your loved one’s death.
Most often, that requires proving negligence, or:
- The at-fault party owed your loved one a legal duty of care
- They somehow breached that duty of care
- The breach of duty was the direct and proximate cause of death
- The nature and value of the damages your family has suffered
Every single person has a duty to exercise a reasonable amount of caution to keep others safe. If someone neglected this duty and caused your loss, our lawyers are prepared to help you prove it. We’ll review accident reports, medical records, witness statements and more.
How Long Do I Have to File a Wrongful Death Lawsuit After the Loss of a Loved One in Florida?
In Florida, the statute of limitations gives you two years to file a lawsuit. The two-year clock starts to run on the date your loved one died.
Two years might seem like forever. In reality, it’s important to get started sooner rather than later. Evidence tends to disappear with time. Our lawyers are prepared to start working today to build the strongest case possible.
Contact a Skilled Lakeland Wrongful Death Lawyer for a Free Consultation
You deserve to understand your legal rights. After the tragic loss of a loved one, count on our team at Thomas C. Grajek, Attorney At Law to help you fight for justice. Call today to learn more about how an experienced Lakeland wrongful death lawyer can help you through this difficult time.