Gainesville Wrongful Death Lawyer

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When a person dies because of someone else’s negligence, Florida law allows their family to seek financial stability through a wrongful death claim. This is a civil action, separate from any criminal charges, designed to address the sudden economic and emotional harms your family is now facing.

A wrongful death claim forces the responsible party’s insurance provider to cover the tangible losses your family has suffered—from final medical bills and funeral costs to the income your loved one would have provided for years to come. It also accounts for the intangible loss of guidance, support, and companionship.

For more than four decades, our Gainesville wrongful death lawyers have helped families in North Central Florida secure a measure of justice and peace of mind. If you have questions about your family’s legal rights, we’re available to provide clear answers. 

Call us for a no-cost, confidential conversation at (800) 800-2575.

 

Key Takeaways for Wrongful Death Claims

1. The claim must be filed by a specific person. In Florida, the deceased person’s court-appointed personal representative is the only one who can file the wrongful death lawsuit, and they do so on behalf of all eligible survivors.
2. Florida has a strict two-year deadline. For most cases, the statute of limitations to file a wrongful death claim is two years from the date of death, making a prompt consultation with an attorney important to preserve your family’s rights.
3. Compensation covers more than just bills. While the claim addresses direct financial costs like medical expenses, it is also designed to provide for future lost income and for the personal suffering and loss of companionship endured by surviving family members.

Why Does Experience Matter in a Wrongful Death Case?

When you are choosing legal representation, you are looking for a team whose background demonstrates a capacity for handling these sensitive and high-stakes cases. For over 40 years, our firm has served the Gainesville community, building a practice grounded in tangible results and compassionate client care. This extensive experience translates directly into how we prepare your case, ensuring every step of filing a wrongful death claim is handled with precision and care.

Our history informs our strategy:

• A 99% Success Rate: We have a consistent history of achieving favorable outcomes, whether through settlement or trial.
• Hundreds of Millions Recovered: Our firm has the resources and determination to see a case through to its proper conclusion, ensuring you are not pressured into accepting an inadequate offer.
• Over 100 Years of Collective Experience: Our attorneys bring a deep and practical understanding of Florida personal injury law to every challenge.
• National Recognition: Inclusion as a Top 100 personal injury law firm by the American Trial Lawyers Association reflects our professional standing.

We have obtained meaningful results for families in situations just like yours, including a $1,125,000 recovery for the family of an elderly churchgoer killed by a negligent driver. Our office is located at 6241 NW 23rd St, Gainesville, FL 32653, rooted in the community we serve.

We work on a contingency fee basis. This means you pay nothing unless and until we win your case. It is our no-fee guarantee.

What Does a Florida Wrongful Death Claim Cover?

While no financial award can ever replace a person, a wrongful death claim aims to ensure the responsible party covers the full scope of financial and emotional harm their actions inflicted on your family.

Florida law outlines specific losses that family members can recover. These are best understood in three separate categories.

First: The Estate’s Economic Damages

These are the calculable financial costs resulting from the death, which are paid to the deceased person’s estate.

• Lost Earnings and Benefits: The salary, wages, and other benefits the person would have earned from the time of their injury until their death.
• Loss of Net Accumulations: The savings and assets the deceased person would have reasonably been expected to build and leave to their family had they lived a full life.
• Medical and Funeral Expenses: The total cost of any medical care for the final injury, along with all expenses for a funeral and burial.

Second: The Family’s Personal Damages

These damages are paid directly to the surviving family members to compensate for their individual suffering.

• Loss of Companionship and Protection: Awarded to a surviving spouse for the loss of their partner’s presence and care.
• Loss of Parental Guidance: Awarded to minor children for the loss of a parent’s instruction, love, and support.
• Mental Pain and Suffering: Awarded to the spouse, minor children, and sometimes adult children and parents for their emotional anguish.
• Loss of Support and Services: The monetary value of the services your loved one provided, from home maintenance to childcare.

Third: Punitive Damages

In certain situations where the at-fault party’s behavior was particularly reckless or intentional, such as a driver who was drunk or texting, a court may award punitive damages. Under Florida’s Wrongful Death Act, these damages are not meant to compensate the family for a loss, but to punish the wrongdoer and discourage others from similar conduct.

What Does the Legal Process Actually Look Like?

Once you hire a firm like ours, we take over the legal process. Here’s what that looks like:

Phase 1: Investigation and Evidence Gathering

Our first step is to conduct a thorough, independent investigation. We do not simply rely on a police report. We gather all available evidence, which may include:

• Hiring accident reconstruction experts to determine exactly how the incident occurred.
• Collecting witness statements and security camera footage.
• Securing maintenance logs for commercial vehicles or property.
• Reviewing medical records to establish a clear link between the negligence and the cause of death.

Phase 2: Calculating Your Family’s Full Losses

We work with forensic accountants and economists to project the full financial impact of your loss over a lifetime. This includes calculating future lost wages, potential promotions, inflation, and the value of lost household services. This detailed economic portrait is the foundation of our demand for compensation in wrongful death settlements paid.

Phase 3: Negotiation with the Insurance Company

Once we have built the case and calculated the damages, we present a formal demand package to the at-fault party’s insurance company. In many instances, the insurer will enter into serious negotiations at this point. Our role is to use the evidence we have compiled to keep them accountable and argue for the maximum compensation available under the law.

Phase 4: Filing a Lawsuit and Litigation

If the insurance company refuses to offer a fair settlement, we will file a wrongful death lawsuit in civil court. This does not mean your case will necessarily go to a jury trial. The litigation process involves formal evidence exchange (discovery), depositions, and hearings, all of which continue to place pressure on the defense to resolve the case. Most cases still settle before trial, but our willingness and readiness to go to court is our most powerful negotiating tool.

What Kinds of Cases Lead to Wrongful Death Claims?

Any death caused by another’s negligence can be grounds for a claim. In our experience serving Gainesville, these cases frequently arise from a few specific scenarios:

• Catastrophic Car and Truck Accidents: Collisions involving speeding, distracted driving, drunk driving, or poorly maintained commercial trucks are a primary cause of fatal accidents on roads like I-75 and Archer Road.
• Medical Malpractice: A fatal outcome may result from surgical errors, anesthesia mistakes, birth injuries, misdiagnosis, or a failure to treat a serious condition in a timely manner. These cases require a detailed review of medical standards of care.
• Negligent Security and Premises Liability: Property owners have a duty to keep their premises reasonably safe. Fatalities resulting from poor lighting, broken stairs, drownings in unsecured pools, or a lack of security in a high-crime area may lead to a claim.
• Defective Products: A flawed auto part that fails, a dangerous prescription drug, or a poorly designed piece of machinery can cause a preventable death. In these cases, a claim could be made against the manufacturer, designer, or distributor.

What if My Loved One Was Blamed for the Accident?

The at-fault party’s insurance company will conduct its own investigation, and they will look for any evidence to argue your loved one was partially at fault. Our role is to counter this. Under Florida’s comparative fault law, any compensation is simply reduced by the percentage of fault assigned to the victim. For instance, if your loved one were found 10% at fault, the final award would be reduced by 10%. It does not prevent your family from recovering compensation.

 

Where Do Fatal Accidents Happen Most in Gainesville?

As a firm with deep roots in this community, we know which roadways and intersections pose a heightened risk to drivers, motorcyclists, and pedestrians. While a tragedy can happen anywhere, certain areas see a disproportionate number of serious collisions.

Data from the Florida Department of Highway Safety and Motor Vehicles consistently shows Alachua County experiencing a significant number of traffic fatalities, many involving pedestrians and motorcyclists. Our experience confirms that some of the most dangerous spots include:

• University Avenue and NW 13th Street: The sheer volume of cars, buses, scooters, bikes, and pedestrians near the University of Florida campus makes this a perennial trouble spot.
• Archer Road: This dense commercial artery is defined by constant stopping, starting, and turning traffic from countless shopping center entrances, creating conditions for T-bone and rear-end collisions.
• I-75: The high speeds on Interstate 75 mean that any collision, especially one with a large commercial truck, can have devastating consequences.
• Waldo Road (State Road 24): This highway has long been recognized as one of the more dangerous corridors in the region due to its design and heavy traffic flow.

A Note on Dealing with Insurance Adjusters

Shortly after the incident, an adjuster from the at-fault party’s insurance company will likely contact you. They may sound friendly and sympathetic, but it is important to remember their professional obligation: to protect their company’s financial interests while resolving the claim for the lowest amount they can. Discussions about an average wrongful death settlement often arise at this stage, but every case is unique and should be valued based on its specific facts, not general averages.

Here is what to expect:

1. A request for a recorded statement. You are not required to provide one. Adjusters are trained to ask questions that could potentially be used to reduce the value of your claim. It is wise to politely decline until you have spoken with an attorney.
2. An early settlement offer. An insurer might present an offer before the true, long-term financial impact of your loss is fully understood. Accepting an early offer permanently closes the claim, even if other expenses appear later.
3. A long and tedious process. The claim investigation is filled with paperwork and procedural steps. It is easy to get frustrated as medical bills and other costs mount, creating pressure to accept a lower offer just to get it over with. Our team manages all this communication for you, shielding you from that pressure.

Your Family’s Future Is Our Focus

A wrongful death claim is a legal tool designed to provide families like yours with the financial footing to move forward after a terrible loss. It ensures the story doesn’t end with your loved one’s last breath, but continues with your family’s security.

You do not need to know the law. You just need to know you have the right to get answers.

We invite you to have a confidential, no-cost discussion with our team to understand your options. Let us help you take this next step.

Call Steven A. Bagen & Associates, P.A. today at (800) 800-2575.