New Port Richey Wrongful Death Lawyer

Losing a loved one due to the negligence of another is a devastating experience. Our legal team is here to help families get the justice they deserve. Contact Wendy Doyle-Palumbo, an experienced trial and wrongful death lawyer, for a free in-person or virtual consultation today.

Our personal injury lawyers are a compassionate, yet aggressive team of wrongful death attorneys representing clients in New Port Richey, Florida. If you have suffered losses from the death of a loved one due to negligence, you may be entitled to file a wrongful death claim or civil lawsuit.

Why Choose Wendy Doyle-Palumbo, Wrongful Death Attorney?

When choosing a wrongful death attorney, making the right choice can make all the difference in the outcome of your case. Among the myriad of legal professionals out there, Wendy Doyle-Palumbo stands out as an exceptional choice for those seeking justice and fair compensation for their personal injury claims. Here are some compelling reasons why you should consider Wendy Doyle-Palumbo as your wrongful death attorney:

• Extensive Experience: Wendy Doyle-Palumbo has over 30 years of experience in law. She has a solid team of experienced lawyers who have over 34 years of combined experience to help her pursue justice and compensation. With years of practice, she has honed her skills and deepened her understanding of the legal intricacies involved in personal injury cases. This experience equips her with the knowledge and expertise to navigate complex legal matters effectively.
• Proven Track Record: Wendy Doyle-Palumbo has a track record of successfully securing favorable client outcomes. Her dedication to achieving the best possible results for those she represents has earned her a reputation for excellence in the legal community. She has won millions of dollars for her clients in settlements. Her previous successes speak volumes about her ability to effectively advocate for her clients.
• Compassion and Empathy: Wendy Doyle-Palumbo understands that personal injury cases can be emotionally and physically taxing for her clients. She approaches each case with empathy and compassion, ensuring that her clients feel supported. Her caring nature and genuine concern for her clients’ well-being set her apart from other attorneys.
• Client-Centered Approach: Wendy Doyle-Palumbo places her clients’ needs and interests at the forefront of her practice. She takes the time to listen to her clients, understand their unique situations, and tailor her legal strategies accordingly. This client-centered approach ensures that every case is handled carefully and thoughtfully.
• Resourceful and Tenacious: Personal injury cases can be challenging, often involving powerful opponents like insurance companies. Wendy Doyle-Palumbo is known for her resourcefulness and tenacity in pursuing justice for her clients. She leaves no stone unturned in her quest to secure the compensation her clients deserve.
• Passion for Justice: Wendy Doyle-Palumbo’s passion for justice is evident in her commitment to advocating for those who have been wrongfully injured. She believes in holding responsible parties accountable for their actions and works tirelessly to ensure that justice is served.

You need an experienced New Port Richey wrongful death attorney to handle your case. Contact Wendy Doyle-Palumbo at (727) 233-2134 to schedule a free phone, video meeting, or in-person consultation.

Florida Statutes section 768.19 Governs Who May Bring a Wrongful Death Claim

“When the death of a person is caused by a wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”

Do You Qualify to Recover Damages in a Wrongful Death Claim?

In Florida, wrongful death claims are governed by specific laws that determine who is eligible to file a claim and recover damages. Generally, the following individuals may qualify to recover damages in a wrongful death claim:

Immediate Family Members

Immediate family members are typically the primary beneficiaries in a wrongful death claim. This includes:

• Spouse: A surviving spouse can recover damages for loss of companionship, emotional distress, and financial support.
• Children: Minor children can seek compensation for lost parental guidance, emotional trauma, and financial support. Adult children may also recover damages if there is no surviving spouse.
• Parents: If the deceased is a minor child, parents can recover damages for emotional suffering and loss of companionship. In some cases, parents of an adult child may also be eligible.

Personal Representative of the Estate

The personal representative (executor) of the deceased’s estate files the wrongful death claim on behalf of the estate and the surviving family members. This representative is typically named in the deceased’s will or is appointed by the court if there is no will.

Other Dependents

Other individuals who were financially dependent on the deceased, such as stepchildren or other relatives, may also qualify to recover damages. They must demonstrate their financial reliance on the deceased to be eligible for compensation.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person dies as a result of the negligent, reckless, or intentional actions of another. Understanding the intricacies of these claims is crucial to building a strong case.

To successfully bring a wrongful death claim, the following elements typically must be established:

1. Duty of Care: The defendant owed a duty of care to the deceased. This means that the defendant was expected to act in a manner that would not cause harm to others. For example, drivers have a duty to obey traffic laws and drive safely, while doctors have a duty to provide competent medical care to their patients.
2. Breach of Duty: The defendant breached this duty of care through negligent, reckless, or intentional actions or through failure to act.
3. Causation: The breach of duty directly caused the death of your loved one. It must be shown that the defendant’s actions or inactions were the direct and proximate cause of the fatality.
4. Damages: The death of your loved one resulted in quantifiable damages. These can include medical expenses, funeral costs, lost income, and loss of companionship, among others.

Common Causes of Wrongful Death

Wrongful death can result from a wide range of circumstances. Some of the most common causes include:

• Automobile Accidents: Fatal car crashes often result from distracted driving, drunk driving, speeding, or other negligent behaviors. In such cases, the driver at fault can be held liable for wrongful death.
• Medical Malpractice: Errors in diagnosis, treatment, or surgical procedures can lead to tragic and preventable fatalities. Medical professionals, including doctors, nurses, and hospitals, may be held accountable for negligence or incompetence.
• Workplace Accidents: Unsafe working conditions, inadequate training, and defective equipment can result in fatal on-the-job injuries. Employers and manufacturers of defective equipment can be held responsible for these deaths.
• Defective Products: Faulty or dangerous products can cause fatal injuries, leading to claims against manufacturers, distributors, or retailers. This can include defective automotive parts, unsafe household products, or malfunctioning medical devices.
• Premises Liability: Fatal accidents can occur on someone else’s property due to unsafe conditions, such as slip and fall accidents, drowning, or inadequate security. Property owners can be held liable if they failed to maintain a safe environment.
• Nursing Home Abuse and Neglect: Elderly residents in nursing homes can suffer from abuse or neglect, leading to fatal consequences. Nursing home staff and administrators can be held liable for failing to provide proper care.
• Criminal Acts: Wrongful death can also result from intentional acts of violence, such as assault, battery, or homicide. In these cases, the perpetrator can face both criminal charges and civil liability for wrongful death.

Legal Process for Wrongful Death Claims

Navigating a wrongful death claim involves several key steps:

1. Initial Consultation: Meet with a wrongful death attorney to discuss the details of your case. The attorney will evaluate the circumstances and advise you on the best course of action.
2. Investigation: A thorough investigation is conducted to gather evidence, including medical records, accident reports, witness statements, and expert testimonies. This helps establish the facts and build a strong case.
3. Filing the Claim: Your attorney will file the wrongful death claim with the appropriate court, outlining the allegations and the damages being sought.
4. Discovery: Both parties exchange information and evidence through the discovery process. This may include depositions, interrogatories, and requests for documents.
5. Negotiation: In many cases, a settlement is reached through negotiation with the defendant’s insurance company or legal representatives. Your attorney will work to secure a fair settlement that reflects the full extent of your damages.
6. Trial: If a settlement cannot be reached, the case may go to trial. Your attorney will present the evidence and arguments to a judge or jury, who will then determine liability and the amount of compensation.
7. Appeal: If either party is dissatisfied with the trial outcome, they may appeal the decision. The appellate court will review the case and either uphold or overturn the original verdict.

Types of Damages Recoverable

Losing a loved one is an emotional and financial burden. Families are often left grappling with grief, while also facing unexpected expenses and the loss of financial support. Compensation from a wrongful death claim can help alleviate some of these burdens by covering:

• Medical Expenses: Costs related to the deceased’s medical treatment before death
• Funeral and Burial Costs: Expenses for the deceased’s funeral and burial services
• Loss of Income: Compensation for the loss of the deceased’s financial support
• Loss of Companionship: Damages for the emotional suffering and loss of companionship experienced by the surviving family members
• Pain and Suffering: Compensation for the emotional distress and mental anguish caused by the loss of a loved one
• Punitive Damages: In cases of gross negligence or intentional harm, additional damages to punish the responsible party and deter similar conduct.

If you believe you may be eligible to recover damages in a wrongful death claim, contact our office for a free consultation. Our compassionate and experienced attorneys will guide you through the process and help you seek the justice and compensation you deserve.

Is There an Average Wrongful Death Settlement in Florida?

While it would be helpful to have an average figure for wrongful death lawsuit settlements in Florida, the reality is that there is no standard amount. Each wrongful death case is unique, with its own specific details and challenges that significantly affect the settlement value. The compensation awarded in these cases can vary widely based on the circumstances surrounding the incident.

If you wish to discuss your particular situation and gain a better understanding of what to expect, it is crucial to consult with a wrongful death attorney. An experienced lawyer can provide personalized guidance and help you navigate the complexities of your case.

Factors That May Affect the Settlement Value of a Wrongful Death Lawsuit

As mentioned, the settlement value of a wrongful death lawsuit is highly dependent on the specific details and circumstances of the case. While it is nearly impossible to place a monetary value on someone’s life, this assessment is necessary for negotiating a fair settlement in a Florida wrongful death lawsuit.

To determine the value of a wrongful death case, several factors are considered:

• Age of the Deceased: The age of the deceased at the time of their death can influence the settlement amount. Younger individuals may result in higher settlements due to a longer expected lifespan and potential future earnings.
• Medical Expenses: Costs incurred for medical treatment before the death, including hospital bills, surgeries, and other medical care, are factored into the settlement.
• Income and Earning Potential: The deceased’s income at the time of death and their lost future earning potential are critical components in calculating the settlement. This includes salary, wages, and potential career advancements.
• Funeral and Burial Expenses: The costs associated with funeral and burial services are included in the settlement calculation.
• Dependents: The number and dependency of surviving family members, such as children or a spouse, are considered. Settlements may be higher if the deceased was the primary provider for dependents.
• Pain and Suffering: The pain and suffering experienced by the deceased before their death can also be a factor in determining the settlement amount.
• Lost Benefits: The value of lost benefits, such as health insurance, retirement benefits, and pensions, is included in the calculation.
• Emotional Impact on Family: The emotional distress and loss of companionship experienced by surviving family members are also taken into account.

To arrive at a fair and accurate valuation of a wrongful death case, these and other factors must be carefully considered. An experienced Florida wrongful death attorney can help guide you through this complex process, ensuring that all relevant factors are addressed and that you receive the compensation you deserve.

Wrongful Death Claims and Lawsuit Time Limits in Florida

Typically, in Florida, a wrongful death lawsuit must be filed within two years of the date of death. Florida Statutes section 95.11(4)(d) provides additional information about the time limits. There are some circumstances that will allow the deadline to be “tolled,” or postponed, however, you must consult with a New Port Richey wrongful death attorney to determine if your case would qualify.

Frequently Asked Questions on Wrongful Death Cases

Losing a loved one is an incredibly difficult experience, and it often leaves families with many unanswered questions, especially when the death is due to someone else’s negligence or wrongful actions. We are here to help you navigate the legal process and provide the answers you need. Below are some frequently asked questions about wrongful death claims to help you understand your rights and options:

What Is the Statute of Limitations for Wrongful Death Claims in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. It is important to act quickly to ensure your claim is filed within this time frame.

Who Can File a Wrongful Death Claim?

In Florida, the personal representative of the deceased person’s estate can file a wrongful death claim on behalf of the surviving family members, including the spouse, children, and parents.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim is brought by the family members of the deceased to seek compensation for their own losses, such as loss of companionship and financial support. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the deceased could have pursued had they survived, such as pain and suffering and lost wages between the injury and death.

How Long Does It Take to Resolve a Wrongful Death Claim?

The duration of a wrongful death claim can vary widely depending on the complexity of the case, the willingness of the parties to settle, and court schedules. Some cases may be resolved in a few months, while others can take several years if they go to trial.

Can I Still File a Wrongful Death Claim If the Responsible Party Is Facing Criminal Charges?

Yes, you can file a wrongful death claim even if the responsible party is facing criminal charges. The criminal case and the civil wrongful death claim are separate legal processes. The outcome of a criminal trial does not necessarily affect the outcome of your civil case, although a conviction can sometimes strengthen your wrongful death claim.

What Types of Evidence Are Important in a Wrongful Death Claim?

Important evidence in a wrongful death claim includes medical records, accident reports, witness statements, expert testimonies, and any documentation that can demonstrate the negligence or wrongful actions of the defendant. Your attorney will help gather and present this evidence to build a strong case.

Understanding the complexities of wrongful death claims can be challenging during such a difficult time. We are dedicated to providing you with the information and support you need to make informed decisions about your case. If you have additional questions or need personalized legal advice, please do not hesitate to contact us. Our compassionate and experienced New Port Richey wrongful death lawyers are here to help you seek justice and secure the compensation your family deserves.

Free Initial Consultation with a Wrongful Death Lawyer

There are exceptions to both the qualifying relatives and also the time limits in wrongful death lawsuits. Thus, it’s important to consult with a wrongful death attorney as soon as possible. We will help you to determine if you are eligible to recover damages in a wrongful death claim. We understand what a difficult and confusing time this can be so please do not hesitate to call us or simply contact us online if you have questions or need assistance.