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Wrongful Death Lawyer Fort Lauderdale, FL

Wrongful Death Lawyer Fort Lauderdale, FL

If you have lost a loved one as the result of another person’s or entity’s negligence, a wrongful death lawyer in Fort Lauderdale FL from Needle & Ellenberg, P.A. would like to discuss your case. Our lawyers strive to offer professional, trusted legal advice to family members who might be going through a challenging time. Guided by years of experience and readily equipped with compassionate support, we may help you to understand your legal options surrounding a wrongful death.

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Pursuing A Claim With Legal Assistance

Whatever the cause of the loss of life, a wrongful death lawyer can analyze your claim and let you know your possible options. Wrongful death lawyers at Needle & Ellenberg, P.A., handle a variety of cases which include:

  • Accidents or collisions involving a car, bus, or train
  • Bicycle or motorcycle accidents
  • Construction accidents
  • Pedestrian accidents
  • Workplace accidents
  • Defective products or parts
  • Medical malpractice
  • Nursing home abuse
  • Slip and fall injuries

Through diligent determination, a wrongful death lawyer may meticulously navigate the legal system and fight for the justice you and your family deserve.

Understanding a Wrongful Death Claim

A wrongful death claim is specific to another party’s negligence, wrongdoing, or carelessness which ultimately resulted in the loss of life. If such an incident happens, family members of the individual who passed away might be able file a civil suit. Through this, compensation for a broad range of damages may be recoverable. Depending on the circumstances of your case, a wrongful death lawyer may pursue a claim against individual parties, entities, or both, regardless of criminal charges being separately filed.

Compensation For Wrongful Death Victims

Each and every wrongful death claim is inherently unique. A wrongful death lawyer may factor in a number of different things to calculate a monetary amount; some of these could include:

  • The relationship between the deceased person and survivors
  • The net income of the deceased individual
  • The ‘replacement’ value of what the deceased offered
  • The life expectancy of the parties involved

A lawyer might also consider the relationship to the deceased; generally, specific individuals are entitled to certain types of compensation. For example:

  • The surviving spouse may receive damages for the loss of companionship, mental pain, and protection.
  • Children under the age of 18 might seek damages for loss of parental companionship, guidance, and emotional suffering.
  • A parent of a minor child who died because of negligence may recover damages for mental anguish.

All survivors of a deceased party might also be able to seek damages for loss of services and support from current or future losses in addition to medical and funeral costs. Perhaps the best thing you can do right now for yourself and your family is to hire a lawyer who is experienced in handling delicate cases like wrongful death. Our team understands the depth and anguish that comes along with these lawsuits, and are not afraid to fight unrelentingly for our grieving clients. We can handle the legal side of things so that you can focus on taking care of yourself during such a painful time.

Types of Wrongful Death Cases

Maternal Death Claims

Maternal death claims are a common type of wrongful death claim. Most people would be shocked to learn that in the past 15 years, the number of women in this country who have died during childbirth has gone from 700 per year to just under 1,100 deaths per year. During this same period, the maternal mortality ratio increased from 17.5 deaths per 100,000 live births to 26.4 deaths per 100,000 live births. Although not all of these women die because of medical malpractice, a good portion of them do.

The death ratio also varies from state to state. For example, in California, the maternal death ratio is 4.5, while the maternal death ratio in Illinois is 14.7. Some of the reasons for maternal death include lack of access to health care, poverty, and chronic conditions, such as cardiovascular issues, diabetes, mental health disorders, obesity, smoking, and substance abuse.

At Needle & Ellenberg, P.A., each of our wrongful death lawyers knows that even though the above reasons account for many childbirth deaths, there are far too many that occur as a result of negligence on the part of medical professionals. Steps that every hospital and birth facility should address include:

  • Focusing on specific emergency pregnancy, labor, and delivery emergency situations that can occur. Examples of these emergency issues include preeclampsia (high blood pressure due to pregnancy) and hemorrhaging.
  • Identifying issues that could cause medical personnel to fail to recognize emergency issues and provide quick and appropriate treatment.
  • Defining what the best practices are that should be used in the event of an emergency situation and ensure that all medical staff have been fully trained in these best practices.

For example, as a wrongful death lawyer can attest, one of the most frequent causes of maternal death is excessive blood loss during childbirth. Every birthing facility should have procedures in place that all of the obstetrical staff should be aware of and practice so they are ready in the event of this type of emergency should occur. There should be a cart ready for each patient in labor that has all the medical equipment and supplies to treat hemorrhaging, as well as any medication that may be needed to help stop the bleeding.

Manslaughter

If you’re considering pursuing damages from a wrongful death claim, you most likely have many questions. One of the most frequently asked questions is whether wrongful death counts as manslaughter – and what the difference is. After all, both involve an unnecessary death as a result of another party’s negligence.

  • Manslaughter: Manslaughter is typically reserved for criminal cases. This means the offender may be incarcerated or otherwise punished by the state. This is an important distinction to make, because a manslaughter charge is criminal in nature, and is thus treated as a crime against the state.
  • Wrongful death: Wrongful death is reserved for civil suits. Unlike manslaughter, wrongful death charges are filed by the friends and family of the deceased. This means that instead of jail time, the party responsible for the wrongful death will have to pay financial compensation.

Manslaughter and wrongful death cases are similar, but the punishments are very different. A party that is convicted of manslaughter may have to pay damages in addition to their jail or prison sentence, but this isn’t guaranteed by the court, and you shouldn’t count on it. Instead, you can rely on a wrongful death lawyer to help you get the compensation you deserve.

The Stages of a Wrongful Death Suit

A wrongful death claim is a civil lawsuit that allows certain family members related to the deceased to hold a negligent person or company financially responsible for their loved one’s death. Spouses, children, parents, and financially dependent relatives might be able to recover damages under your state’s law, in this instance Florida. When your loved one dies their death is going to trigger a litigation process.

Understanding the steps in the process of a wrongful death lawsuit can help you in dealing with a wrongful death in Florida.

  • Contacting an Attorney. You should first contact an experienced lawyer and provide details about your loved one’s death. If their death was a public affair and you have a list of witnesses, you should provide the witnesses contact information names and any other information you collected from them in writing to your lawyer. By providing all this information you are going straight into step two.
  • Investigating The Incident. Your lawyer is going to investigate. Not only are they going to investigate by looking at the witnesses, and the people involved, but they are going to investigate your claim. This means they are going to be talking to the witnesses and going over the medical records that you provide as well as the autopsy report. This part of the investigation usually has a lot of questions involving you.
  • Notifying The Defendant. When you have filed a wrongful death lawsuit you must notify the defendant about your allegations. This is called a service of process. Your lawyer is going to help you determine where to file the lawsuit, as there is going to be principal jurisdiction that limits courts authority to make legal decisions. If the court does not have jurisdiction over the parties of the claims it cannot follow the case. Make sure that you file your case within two years of the death. Your wrongful death lawyer is going to be able to tell you that there is a statute of limitations, and ensure that you’re filing the paperwork correctly to make a statute of limitations.
  • Discovery. The next part of the process after filing the case legally with the court system is called discovery. This is a process where both sides are going to request information from the other. You may have to provide evidence to the defense and they may have to provide evidence to you. In some cases you may request that privileged information be protected from discovery but the court might step in if the defense refuses to hand over relevant documents or other information. Discovery is a process meant to help both sides of the lawsuit plan the argument so that there will not be a bunch of surprises at the trial.
  • Trial. The trial will begin once discovery closes. Some tiles are going to take longer than others. It depends on the complexity of the case and whether there is a judge or jury. Usually both sides of each party are present and they are going to present both sides of their cases and may cross-examine the others’ witnesses. Once the trial has begun you should expect some of the questions and your wrongful death lawyer is going to help you prepare for questions that you may be asked. After both sides have presented their case, the judge or the jury will make a decision and if you are unhappy you may appeal.

Fort Lauderdale, FL Wrongful Death Infographic

THE STAGES OF A WRONGFUL DEATH SUIT

Fort Lauderdale Wrongful Death Statistics

According to statistics from the Centers for Disease Control and Prevention, there are just under 225,000 people killed each year by unintentional injury. More than 45,000 of those deaths occur in traffic accidents. Families of these victims may be able to pursue wrongful death claims if their loved one’s death was the result of the negligent or reckless acts or behavior of another party or parties.

Contact Our Wrongful Death Lawyer Today

If your loved one died during childbirth, and you suspect negligent medical care was the cause, contact a Fort Lauderdale, FL wrongful death lawyer from Needle & Ellenberg, P.A. today. We understand what a horrific time this is for you and will work diligently to get you the justice you deserve. Call our office to schedule a free case evaluation and determine what kind of financial justice your family may be entitled to.

Our Wrongful Death Lawyers

The unexpected loss of a loved one can be devastating. Pursuing legal action against a negligent party or loved one may be one of the last things on your mind; however, because of the statute of limitations and the risk of losing evidence, it’s important to seek a lawyer as quickly as possible. Needle & Ellenberg, P.A., is ready to provide you with the support and voice you may need to get you through this turbulent time. To schedule a free consultation with a wrongful death lawyer families trust, please call our office.

We’re Here to Answer Your Questions

A wrongful death lawyer can answer any questions you may have about filing a wrongful death claim. You may have some degree of familiarity with wrongful death suits, but it’s always best to learn all you can before seeking compensation. If you’re completely unfamiliar with what constitutes a wrongful death, the right lawyer can also walk you through all the necessary details so you can confidently decide if a wrongful death suit is right for you.

While you may be grieving, having the right lawyer on your side can help you set your emotions aside temporarily so you may win the compensation that you deserve. After all, in order to properly grieve, you’ll need to be free of any financial burdens that can result from a death. Any preventable death is a tragedy. However, not all of them can count as a wrongful death in the eyes of a court. When deciding whether or not you should pursue damages for the untimely loss of a loved one, there are a few key definitions to remember.

If your loved one’s death was caused by someone else’s negligence, it may be wise to speak to a wrongful death lawyer Fort Lauderdale FL residents trust. At the Law Offices of Needle & Ellenberg, P.A., we have over 50 years of combined experience pursuing wrongful death claims. We understand how devastating it is to lose a loved one and want to help you get justice.

Fort Lauderdale Wrongful Death Infographic

FAQs About Wrongful Death Infographic

Frequently Asked Questions About Wrongful Death

It can be an overwhelming and painful experience to lose a loved one due to someone else’s negligence or misconduct. When such a tragedy occurs, understanding the legal options available can be crucial for seeking justice and holding responsible parties accountable. As a Fort Lauderdale, FL wrongful death lawyer, with more than 46 years of experience in this area of practice, we often receive questions from grieving families who are unsure of how to proceed. To help provide some clarity, we’ve compiled a list of frequently asked questions that cover essential aspects of wrongful death law.

What Is The Difference Between Wrongful Death And Survival Action?

Wrongful death and survival actions are two different legal claims that arise from the death of a person due to another’s negligence or wrongful act. A wrongful death claim is filed by the surviving family members or dependents to seek compensation for the losses they have suffered due to the death, such as lost income, loss of companionship, and funeral expenses. On the other hand, a survival action is brought on behalf of the deceased person’s estate to recover damages that the deceased could have pursued if they had survived, such as medical bills and pain and suffering. Both types of claims are often pursued simultaneously to provide comprehensive justice and compensation for the family and the deceased’s estate.

Can Punitive Damages Be Awarded In A Wrongful Death Case?

Yes, punitive damages can be awarded in a wrongful death case, but they are not common and depend on the specific circumstances. Punitive damages are intended to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future. These damages are separate from compensatory damages, which aim to compensate the family for their losses. In Florida, punitive damages may be sought if it can be proven that the defendant’s actions were grossly negligent or intentional. It’s important to discuss the potential for punitive damages with a Fort Lauderdale wrongful death lawyer to understand whether they might apply in your case.

What Should I Do Immediately After A Wrongful Death Occurs?

After a wrongful death occurs, the most important step is to focus on taking care of yourself and your loved ones. From a legal perspective, it’s crucial to gather and preserve any evidence related to the incident, such as medical records, accident reports, and witness contact information. You should also consider contacting a wrongful death attorney as soon as possible. An attorney can provide guidance on the next steps and help protect your rights during this difficult time. It’s also important to avoid discussing details of the case with insurance companies or other parties until you have legal representation to avoid potential pitfalls that could harm your case.

How Do I Choose The Right Wrongful Death Attorney?

Choosing the right wrongful death attorney is a critical decision that can significantly impact the outcome of your case. When selecting an attorney, consider their experience with wrongful death cases, their reputation within the legal community, and their ability to communicate clearly and compassionately. It’s also beneficial to meet with potential attorneys to discuss your case and gauge your comfort level with them. Look for an attorney who is not only knowledgeable but also someone who will take the time to understand your needs and advocate for your interests. Trust and communication are key elements in this relationship, so choose someone who makes you feel confident and supported.

What Is The Typical Process For A Wrongful Death Lawsuit?

The process for a wrongful death lawsuit typically begins with an initial consultation with an attorney to discuss the details of the case. If the attorney determines that there is a viable claim, they will begin by investigating the incident, gathering evidence, and identifying liable parties. Once sufficient evidence is collected, a formal complaint will be filed with the court. The defendant will then have the opportunity to respond, which may lead to settlement negotiations. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome. Throughout this process, a wrongful death lawyer will guide you and advocate on your behalf to help achieve the best possible outcome.

Wrongful Death Glossary

When facing the unexpected loss of a loved one, it’s important to understand the legal terms associated with filing a wrongful death lawsuit. For those seeking guidance from our Fort Lauderdale, FL wrongful death lawyer, we’ve put together a glossary to clarify the legal processes involved. Below, we define some key terms that you might encounter in your pursuit of justice.

Wrongful Death Claim

A wrongful death claim is a civil lawsuit filed by the surviving family members or representatives of a deceased person against an individual or entity whose negligent or intentional actions led to the death. This legal action is intended to seek financial compensation for the losses experienced due to the death. These losses may include the deceased’s future income, emotional companionship, and the costs associated with medical bills and funeral services. In Florida, pursuing such claims is a way for families to seek some measure of justice and financial support after a tragic loss. It’s not about placing a value on a life but rather providing some relief for those left behind.

Statute Of Limitations

The statute of limitations refers to the legally established time limit within which a wrongful death lawsuit must be filed. In Florida, the general time frame for filing a wrongful death claim is two years from the date of the death. If the claim is not brought within this period, the family or representative may lose the right to pursue legal action entirely. This deadline is strictly enforced, and missing it can bar recovery, regardless of the strength of the case. Understanding this timeframe is essential, as starting the legal process promptly can make a significant difference in the outcome of a case.

Punitive Damages

Punitive damages are a type of financial compensation awarded in addition to compensatory damages in a wrongful death case. These damages are not meant to compensate the family for their loss but rather to penalize the defendant for conduct that was especially reckless, malicious, or intentional. By imposing punitive damages, courts aim to discourage similar behavior in the future. However, not every wrongful death case qualifies for punitive damages; they are typically sought in cases where the defendant’s actions were particularly egregious. It’s a legal tool used to signal that such misconduct will not be tolerated.

Service Of Process

Service of process involves the formal delivery of legal documents to a defendant, informing them of the lawsuit being filed against them. This step is crucial because it notifies the defendant of the legal action and provides them with the opportunity to respond. Proper service of process ensures that the defendant cannot claim ignorance of the lawsuit, which is a necessary step for the legal proceedings to move forward. If the process is not handled correctly, it could delay the case or even result in a dismissal. It’s a fundamental aspect of ensuring that the legal rights of all parties are upheld.

Discovery

Discovery is the pre-trial phase where both parties in a lawsuit gather and exchange information, evidence, and documents. This phase allows each side to build their case by obtaining facts, witness statements, medical records, and other pertinent details related to the incident. The discovery process is vital because it prevents surprises during trial and provides both sides with a clearer understanding of the case’s strengths and weaknesses. Effective discovery can often lead to settlements before the case reaches trial, saving time and resources for both parties involved.

If you’re seeking clarity or have further questions about wrongful death claims, don’t hesitate to reach out for personalized advice. At Needle & Ellenberg, P.A., we are committed to guiding families through this challenging time with compassionate legal support.

If you’ve lost a loved one due to someone else’s actions, contact us today to discuss your options and see how we can assist in your pursuit of justice.

Seeking Justice After A Wrongful Death

When the loss of a loved one is the result of someone else’s negligence, facing this loss is never easy. Understanding the legal options available can provide some peace of mind and help secure the compensation you deserve. If you’re dealing with a wrongful death case, it’s essential to seek legal guidance promptly. Our team at Needle & Ellenberg, P.A. is here to help you manage this difficult time with compassion and experience. Our team was voted Lawyer of the Year 2020 Best Lawyers in America. Contact us today to speak with a Fort Lauderdale wrongful death lawyer who can assist you in pursuing justice and holding those responsible accountable, we work on a contingency fee basis.