Wrongful Death Attorney in Hollywood — Florida

Aggressively Advocating for Clients Who Have Lost Loved Ones to Negligence and Recklessness

No matter how well we plan our days, no one can fully predict the future. Accidents and unexpected events can happen at any time. Unfortunately, some of these events can lead to serious injuries — and potentially even death. For surviving family members, a loved one’s death is traumatic in itself. However, situations become even more devastating when loved ones are lost due to wrongful acts by another party. In such a case, a wrongful death lawyer in Hollywood, FL may be able to assist.

At The Law Offices of James Jean-Francois, P.A., our legal team is committed to helping clients who have lost loved ones due to someone else’s negligence or reckless actions. Any liable party in these situations is legally responsible for compensating surviving family members. And while this will not heal the tragic outcome that occurred, it can help survivors move forward and secure some sense of justice. From medical malpractice to violent assaults, those responsible for any unexpected death may owe substantial compensation.

Contact our law firm today to schedule your free initial consultation.

Do You Have a Valid Wrongful Death Claim?

Wrongful death cases in Florida seem more complex than in other states. That’s because it’s up to the personal representative of the deceased person to file a wrongful death claim. This person can be appointed in a will, but if no personal representative is chosen, the courts can appoint one. In a typical wrongful death case, the spouse or other surviving family members will be chosen for this role. However, you need more than just legal grounds to seek compensation. Proving negligence or other liable acts is also necessary.

This is done by establishing the following three elements:

Duty of care: This is a duty to avoid actions that could harm others.
Violation of duty: A successful wrongful death claim must also show that a duty of care was violated (e.g., speeding in traffic, medical malpractice).
Harm causation: Successful Hollywood wrongful death cases must also show that harm resulted from a duty being violated (e.g., medical bills, loss of companionship).

Establishing these three elements of liability is necessary for all wrongful death lawsuits. Put simply, a family member can file a wrongful death claim if their loved one would’ve been entitled to personal injury compensation had they survived. However, keep in mind that not all claims result in litigation. Settlement negotiations often resolve these cases. Unfortunately, it’s not always this straightforward.

When Is a Wrongful Death Lawsuit Necessary?

From pedestrian accidents to premises liability claims, the majority of wrongful deaths are resolved via settlement negotiations. The simple fact is that insurance companies prefer to stay out of court if possible. Of course, they’ll often try to offer unfair settlements at first — but the risk of this decreases when Hollywood wrongful death attorneys are representing surviving loved ones. Unfortunately, insurers will sometimes still refuse to offer fair compensation. This can happen for various reasons, and it always complicates Florida wrongful death law.

For instance, it’s sometimes the case that insurers believe the deceased person contributed to their own death. Maybe they were speeding right before involvement in a car accident. However, keep in mind that partial liability does not mean that the deceased’s estate isn’t entitled to compensation. It’s also sometimes the case that the legal implications of a settlement are more than the liable party is willing to accept. For instance, maybe the at-fault party is facing criminal proceedings and worried that a settlement will make them look guilty.

There are countless reasons a settlement may not be possible following a victim’s death. However, this doesn’t mean you can’t secure significant compensation. Discussing your legal options with a Hollywood, FL wrongful death attorney is important. With legal representation on your side, pursuing justice becomes a more straightforward process — and you can focus on getting your life back on track while your attorney deals with the heavy lifting. Contact our law firm today. We can handle settlement negotiations and file wrongful death lawsuits on your behalf.

What Are Common Damages in Wrongful Death Claims?

When a family member loses a loved one, it’s most likely that settlement negotiations will resolve their case. However, a wrongful death settlement will not always be necessary. For whatever reason, insurance companies will sometimes opt to refuse to provide sufficient compensation. When this happens, a knowledgeable attorney can file a wrongful death lawsuit on your behalf. In these cases, the liable party may have a legal responsibility to pay the following damages:

Economic Damages

Most damages in a wrongful death lawsuit are economic in nature. They reimburse surviving loved ones or the deceased person’s estate for monetary losses. This could include lost wages, funeral costs, medical bills, the loss of financial support, burial expenses, and more.

Non-economic Damages

If you’re seeking justice for a deceased loved one, you know that not all losses are financial in nature. That’s why you can also sue for non-economic damages on behalf of the deceased’s estate. Such damages include pain and suffering, loss of companionship, mental pain, and other non-monetary damages.

Punitive Damages

In Florida wrongful death cases, not all compensation is meant to reimburse the surviving spouse and other family members. The courts sometimes award additional damages in order to punish the liable party for egregious acts. It’s important to speak with an experienced attorney to see if you may qualify.

Contact a Wrongful Death Lawyer in Hollywood, FL Today

Florida law recognizes that the loss of a loved one can devastate surviving family members. This is why those who have lost someone they love often have the option of filing a wrongful death claim. Obtaining justice is frequently a long process — particularly when insurers want to avoid paying fair compensation. However, having an experienced wrongful death lawyer on your side can prove invaluable when seeking justice. You don’t have to go through these difficult times alone. Find someone with legal expertise who can assist.

At The Law Offices of James Jean-Francois, P.A., our legal team is committed to securing financial compensation for each of our clients. In some instances, we can do this by negotiating a settlement with the insurance company. However, seeking wrongful death damages in a court of law may also be necessary. Regardless of the legal process necessary in your case, we’re committed to navigating the complexities of the law on your behalf. When you’re dealing with the fallout of a loved one’s death, our wrongful death lawyers in Hollywood, FL are ready to assist.