Davenport Wrongful Death Lawyer
When a loved one dies due to someone else’s negligence or misconduct, families face not only overwhelming grief but also significant financial burdens. If you need a Davenport wrongful death lawyer, the experienced attorneys at Draper Law Office understand the complexities of Florida wrongful death law and are committed to helping families seek the compensation they deserve during this difficult time.
Our team, led by Managing Partner Charles B. Draper and including attorneys Linda Gruszynski and Michelle Incandela, has dedicated their practice to providing exceptional legal representation in personal injury and wrongful death cases. We recognize that no amount of money can replace your loved one, but Florida law provides avenues for families to recover damages for medical expenses, funeral costs, lost income, and the pain and suffering endured.
Understanding Florida Wrongful Death Law
Florida’s Wrongful Death Act allows certain family members to pursue compensation when a death is caused by the negligent, reckless, or intentional actions of another party. The law recognizes that wrongful deaths create both economic and non-economic losses for surviving family members, including spouses, children, parents, and other dependents who relied on the deceased.
Under Florida law, wrongful death claims must be filed by the personal representative of the deceased person’s estate. This representative acts on behalf of all surviving family members who may be entitled to damages. The types of compensation available include medical expenses incurred before death, funeral and burial costs, lost wages and benefits the deceased would have earned, loss of companionship and guidance, and pain and suffering of survivors.
Common causes of wrongful death in the Davenport area include motor vehicle accidents on busy roads like US Highway 27 and Interstate 4, which see heavy traffic from tourists visiting nearby attractions and residents commuting to work. Medical malpractice, defective products, workplace accidents, and premises liability incidents can also result in fatal injuries that give rise to wrongful death claims.
The Impact of Wrongful Death on Families
The sudden loss of a family member creates profound emotional and financial challenges that extend far beyond the immediate tragedy. Surviving spouses may lose their primary source of income, while children lose not only a parent’s financial support but also their guidance, care, and companionship throughout their lives.
In Davenport, where many families depend on tourism-related employment or commute to Orlando for work, the loss of a primary wage earner can be particularly devastating. The financial impact often includes immediate expenses like medical bills from the deceased’s final treatment, funeral and burial costs, and ongoing losses such as the deceased’s future earning capacity and the value of services they provided to the household.
Beyond economic losses, Florida law also recognizes the intangible losses that survivors experience. The loss of companionship, protection, and moral support that a deceased family member provided cannot be measured in dollars, but the law allows for compensation to acknowledge these profound losses. For minor children who lose a parent, the law also recognizes their loss of parental companionship, instruction, and guidance.
Building a Strong Wrongful Death Case
Successfully pursuing a wrongful death claim requires thorough investigation and skilled legal representation. Our attorneys work with accident reconstruction experts, medical professionals, economists, and other specialists to build compelling cases that demonstrate both liability and the full extent of damages suffered by surviving family members.
The investigation process often begins immediately after the tragic incident. We preserve crucial evidence, interview witnesses, review police reports and medical records, and consult with experts to establish how the death occurred and who bears responsibility. In cases involving motor vehicle accidents near popular Davenport destinations like ChampionsGate or Posner Park, we examine factors such as driver negligence, vehicle defects, or dangerous road conditions.
Calculating damages in wrongful death cases requires careful analysis of the deceased’s earning capacity, life expectancy, and the specific relationships with surviving family members. We work with economists and actuaries to project lost income over the deceased’s expected working life, while also accounting for the value of household services, benefits, and other contributions the deceased would have provided.
Davenport Wrongful Death FAQs
Who can file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit under Florida law. This representative acts on behalf of all surviving family members who may be entitled to damages, including spouses, children, parents, and other dependents.
What types of damages are available in Florida wrongful death cases?
Florida law allows for both economic and non-economic damages, including medical expenses, funeral costs, lost income and benefits, loss of companionship and guidance, and pain and suffering of survivors. The specific damages available depend on the relationship between the deceased and the survivors.
How long do I have to file a wrongful death claim?
Florida’s statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions that may extend or shorten this deadline, so it’s crucial to consult with an attorney as soon as possible.
Can I file a wrongful death claim if my loved one was partially at fault?
Florida follows a comparative negligence system, which means that a wrongful death claim may still be viable even if the deceased bears some responsibility for the incident. The damages awarded would be reduced by the percentage of fault attributed to the deceased.
What happens if there is no will or estate?
If the deceased died without a will, the court will appoint an administrator to serve as the personal representative and file the wrongful death claim. This process can add complexity to the case, making experienced legal representation even more important.
How much does it cost to hire a wrongful death attorney?
At Draper Law Office, we handle wrongful death cases on a contingency fee basis, meaning you don’t pay attorney fees unless we recover compensation for your family. We offer complimentary consultations to discuss your case and explain your legal options.
Can I settle a wrongful death case out of court?
Many wrongful death cases are resolved through settlement negotiations rather than trial. However, any settlement must be approved by the court and distributed according to Florida law. An experienced attorney can help ensure that any settlement offer adequately compensates your family for all losses.
Serving Throughout Davenport
- ChampionsGate
- Ridgewood Lakes
- Providence
- Solterra Resort
- Windsor Hills
- Highlands Reserve
- Southern Dunes
- Tuscan Hills
- Oakwater Resort
- Westside
Contact a Davenport Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence or misconduct, you don’t have to face this difficult time alone. The compassionate wrongful death attorneys at Draper Law Office are here to help you understand your rights and pursue the compensation your family deserves. We offer complimentary consultations and work on a contingency fee basis, so you can focus on grieving and healing while we handle the legal complexities of your case. Contact us today to schedule your consultation with an experienced Davenport wrongful death attorney.
