Wrongful Death Lawyer in Brandon, FL

Compassionate Legal Support during a Painful Time

Losing a loved one is never easy, but the grief can be compounded when their death was caused by another party’s negligence or wrongful actions. At Burnetti, P.A., we understand the emotional and financial toll that wrongful death cases place on families. If you’ve lost a loved one due to someone else’s recklessness or intentional act in Brandon, FL, we are here to help you seek justice and the compensation you deserve. As your trusted Brandon wrongful death lawyer, our goal is to provide compassionate guidance and skilled legal representation during this difficult time.

Schedule your no-cost consultationby calling us at (888) 444-8508 or completing an online contact form today .

What is Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional harm caused by another person or entity. In Florida, wrongful death claims allow surviving family members to seek compensation for the losses and suffering they endure as a result of the death. Wrongful death cases can arise from various situations, including:

• Car accidents
• Medical malpractice
• Defective products
• Workplace accidents
• Criminal acts, such as assault or murder
• Premises liability incidents, such as slip and fall accidents

In Florida, a wrongful death claim must meet specific legal criteria to be successful by proving the following four key elements:

1. Duty of Care: The defendant (the person or entity responsible for the death) must have owed a duty of care to the deceased. This means that they had a legal obligation to act in a way that would not cause harm to others. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
2. Breach of Duty: The defendant must have breached their duty of care through negligent, reckless, or intentional actions. This breach of duty could involve driving recklessly, failing to follow medical protocols, or manufacturing a dangerous product.
3. Causation: It must be proven that the defendant's breach of duty directly caused the death of your loved one. This can be one of the most challenging elements to prove, requiring evidence such as medical records, expert testimony, and accident reports.
4. Damages: Finally, the plaintiff (the surviving family members) must demonstrate that they have suffered measurable damages due to the wrongful death. These damages may include financial losses, emotional suffering, and loss of companionship.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law is specific about who is eligible to file a wrongful death lawsuit. Under the Florida Wrongful Death Act, only the personal representative of the deceased’s estate can file a wrongful death claim. This representative is usually named in the deceased’s will or estate plan. If there is no will, the court may appoint a personal representative.

The personal representative files the lawsuit on behalf of the deceased's surviving family members. Eligible family members who can benefit from a wrongful death claim include:

• The deceased's spouse
• Children (minor or adult)
• Parents of the deceased
• Other blood relatives or adoptive siblings who were financially dependent on the deceased

Compensation from a Wrongful Death Lawsuit

Wrongful death claims seek to compensate surviving family members for the financial and emotional losses they suffer due to their loved one’s death. While no amount of money can truly compensate for the loss of life, a successful wrongful death lawsuit can help ease the financial burden and provide a sense of justice. In Florida, compensation for wrongful death cases may include:

Economic Damages

• Medical Expenses: Any medical costs incurred before the deceased's passing, such as hospital bills, surgery, or medications.
• Funeral and Burial Costs: Families can recover the costs of arranging a funeral and burial services for their loved one.
• Loss of Financial Support: The income and benefits the deceased would have provided to their family, such as wages, pensions, and insurance.
• Loss of Services: The value of household services the deceased would have provided, such as childcare, maintenance, and other contributions.

Non-Economic Damages

• Pain and Suffering: Compensation for the emotional distress and grief experienced by surviving family members.
• Loss of Companionship: Spouses, children, and parents may be compensated for the loss of love, companionship, guidance, and support.
• Loss of Parental Guidance: Minor children may receive compensation for the loss of parental guidance, instruction, and support.

In some cases, the court may also award punitive damages if the defendant's actions were particularly egregious. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

How Burnetti, P.A. Can Help with Your Wrongful Death Claim

Navigating a wrongful death claim can be a complex and emotionally challenging process. At Burnetti, P.A., we are committed to providing compassionate, experienced legal support to families dealing with the aftermath of a wrongful death. Our team will:

• Conduct a thorough investigation of the circumstances leading to your loved one’s death
• Gather and analyze evidence, including police reports, medical records, and expert opinions
• Handle all communication and negotiation with insurance companies
• Fight for your family’s rights in court, if necessary
• Ensure that you understand each step of the legal process

When you choose our firm, you can trust that your case will be handled with care, professionalism, and determination. Let us help you during this difficult time.

Contact us today at (888) 444-8508 to schedule a free consultation