Losing a loved one is one of the hardest things anyone can experience. While dealing with grief is already painful, discovering that their death was caused by another party’s negligence is even more devastating. For families in Ocala, Florida, who have lost a loved one due to someone else’s carelessness or recklessness, we extend our deepest sympathies and support.

Tragic incidents in Ocala, from fatal car accidents along State Road 40 to pedestrian incidents near Southeast 17th Street and Pine Avenue, happen far too often due to preventable causes. Whether it’s a fatal collision on I-75 or a hazardous property near Silver Springs Shores, wrongful deaths impact families in every corner of our community. 

If you are searching for a trustworthy Ocala wrongful death lawyer, the experienced legal team at Steven A. Bagen & Associates, P.A. is here to help. We offer the legal support you need while you and your family focus on healing. If you’ve lost a loved one due to someone else’s negligence, we are here to help you get the justice and compensation you deserve.

Can I File a Wrongful Death Lawsuit in Ocala, Florida?

wrongful death

Yes, if your loved one died due to someone else’s negligence, you may have the right to file a wrongful death claim. Here’s what to know:

  • Eligible Parties: A personal representative files the claim, but spouses, children, parents, and dependents may receive compensation.
  • Recoverable Damages: Includes medical bills, lost wages, funeral costs, loss of companionship, and pain and suffering.
  • Time Limit: Florida law gives you two years from the date of death to file a wrongful death lawsuit.
  • Negligence Must Be Proven: Your lawyer must show duty of care, breach, causation, and damages.
  • Support from an Experienced Lawyer: Steven A. Bagen & Associates, P.A. brings 40+ years of experience with a 99% success rate helping grieving families across Ocala.

Why Choose Us for Your Ocala Wrongful Death Case

At Steven A. Bagen & Associates, P.A., we know the emotional and financial toll a wrongful death takes on a family. With over 40 years of experience handling personal injury and wrongful death cases across North Central Florida, we’ve built a reputation for delivering justice for families like yours.

Here’s why families in Ocala trust us with their most sensitive cases:

  • Proven Results: Our team has recovered hundreds of millions of dollars for injured clients. We have a 99% success rate and consistently deliver life-changing results for the families we represent.
  • Empathy and Care: We understand that no amount of money can replace your loved one. That’s why we prioritize compassion, taking the time to listen to your story while crafting legal solutions to meet your family’s unique needs.
  • Award-Winning Team: Recognized as a Top 100 personal injury law firm by the American Trial Lawyers Association, our attorneys have vast experience handling wrongful death cases. With more than 100 years of combined legal experience, we’re ready to fight for you.
  • No-Fee Guarantee: We believe everyone deserves representation, which is why you won’t pay us unless we win your case. You can focus on your family without worrying about upfront costs.
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Your family deserves a team that fiercely advocates for justice while treating you with kindness and respect. When you choose us, you’re not just hiring lawyers; you’re gaining a partner who will stand by you through every step of the process. 

What is a Wrongful Death?

A wrongful death occurs when someone’s life is lost due to the negligence, recklessness, or intentional actions of another individual or entity. While nothing can truly replace the presence of your loved one, Florida law provides a legal path for families to seek financial compensation from those responsible for their untimely death.

Wrongful Death Cases Our Experienced Lawyers Handle

Wrongful deaths can happen in many unexpected situations. The experienced attorneys at Steven A. Bagen & Associates have successfully handled cases arising from a variety of incidents, including:

  • Car Accidents: From distracted driving to speeding, motor vehicle collisions are one of the leading causes of wrongful deaths in Ocala.
  • Motorcycle Accidents: Drivers failing to safely share the road often result in devastating motorcycle crashes.
  • Slip and Falls: Dangerous conditions on someone’s property can lead to fatal injuries.
  • Medical Malpractice: Errors in diagnosis, surgery, or treatment can have fatal consequences.
  • Bicycle and Pedestrian Accidents: Ocala residents who walk or bike near busy roads are especially vulnerable to careless drivers.
  • Defective Products: Unsafe or poorly designed products can cause fatal injuries or illnesses.
  • Boating Accidents: With Florida’s many waterways, negligent boating can lead to preventable tragedies.

If your loved one’s death was caused by a preventable accident, you may have a wrongful death case. We are here to guide you through the legal process and fight for justice on your family’s behalf.

Do I Have a Wrongful Death Case in Ocala, Florida?

To pursue a wrongful death claim in Florida, you must demonstrate that the loss of your loved one was caused by someone else’s negligence. Negligence is the failure to exercise a reasonable level of care that results in harm to another person.

To hold a party legally accountable for wrongful death, your Ocala wrongful death lawyer must prove the following four elements of negligence:

  1. Duty of Care: The responsible party owed your loved one a duty of care. For example, all drivers must follow traffic laws to keep others safe on the road.
  2. Breach of Duty: The responsible party failed to meet their duty of care. This could include speeding, running a red light, or leaving unsafe conditions on their property.
  3. Causation: Their actions (or failure to act) directly caused your loved one’s death.
  4. Damages: Your family suffered damages, such as medical bills, lost income, or emotional pain, as a result of your loved one’s death.

If these elements are present in your case, you may have a valid wrongful death claim. Your attorney will thoroughly investigate the details of your case, gather evidence, and hold the at-fault party accountable.

Who Can File a Wrongful Death Case in Ocala, FL?

Under Florida’s wrongful death statute, only the personal representative of the deceased person’s estate is allowed to file a wrongful death lawsuit. 

While the representative handles the legal process, the compensation awarded is distributed to the surviving family members who are eligible under Florida law. This includes:

  • Surviving spouses
  • Minor and adult children
  • Parents of the deceased
  • Other relatives or dependents who relied on the deceased for financial or emotional support

Each family member’s specific circumstances can affect the compensation they may receive. For example, minor children may receive additional damages for the loss of parental guidance and care.

If you’re unsure about your eligibility to file a claim, our experienced attorneys can answer your questions and guide you through this difficult process.

Compensation Available in Wrongful Death Cases

When a loved one passes away due to someone else’s negligence, there are two types of legal actions that may apply: wrongful death claims and survival actions. While they are both means of seeking justice and compensation, each serves a different purpose. Understanding the distinction can help you and your family make informed decisions.

  • Wrongful Death Claims focus on the suffering and losses experienced by the surviving family members. These cases seek financial compensation for medical expenses, funeral costs, lost income, and emotional losses like companionship and guidance. The goal is to ease the burden on your family and provide financial stability in your loved one’s absence.
  • Survival Actions are brought on behalf of the deceased individual and their estate. These claims recover damages your loved one would have been entitled to if they had survived, such as medical expenses, lost wages, and pain and suffering endured from the time of their injury to their death. For example, if a loved one battled injuries for months before passing, a survival action ensures accountability for what they endured during that time.

Both legal actions can often be pursued together, ensuring your family receives full justice for the tragedy. 

Nothing can make up for the emotional weight of losing a loved one, but taking legal action can provide financial relief that helps families rebuild their lives. When someone else is responsible for your loss, you have a right to pursue compensation for your losses.

How To Value Your Loved One’s Life

In a wrongful death lawsuit, the family can also recover for its losses. Your loved one has value to you in many ways. Although it may seem complicated, you must use the money to put a value on what the family member meant to you.

Before they died, your loved one may have been:

  • A breadwinner who contributed financial support to the family
  • A loving and cherished member of the family who contributed just by being present
  • A parent who guided children and provided them with support
  • A loving spouse who provided physical and emotional comfort for their spouse

Factors That Will Affect How Much Money Your Family Gets

Many factors can influence the money your family gets:

  • How much insurance coverage does the responsible party have
  • The age of the deceased person
  • The deceased person’s profession and the possibility of future earnings
  • The nature of their relationship with family members
  • Whether there is a corporate defendant (they will likely have more insurance coverage)
  • Whether you can recover punitive damages from the defendant

What is the Statute of Limitations for Filing a Wrongful Death Claim in Ocala, Florida?

Timing is critical when it comes to pursuing justice after the loss of a loved one. Florida law sets strict deadlines for filing a wrongful death claim, referred to as the statute of limitations. For most wrongful death cases in Florida, the statute of limitations is two years from the date of death.

It’s important to act quickly for several reasons:

  • Preservation of Evidence: Critical evidence may fade or disappear over time. Witnesses’ memories can grow hazy, and physical evidence may degrade. Acting promptly ensures your lawyer can gather the strongest case possible.
  • Legal Deadlines: Missing the statute of limitations can result in your case being dismissed, preventing you from recovering compensation.
  • Peace of Mind: By starting the process sooner, you can begin focusing on healing while knowing your loved one’s case is in capable hands.

While the two-year deadline applies in most cases, certain circumstances can affect the filing timeline, such as when the liable party is a government entity or in cases involving fraud. Contact our experienced Ocala wrongful death lawyers as soon as possible to avoid missing important deadlines.

How Can a Wrongful Death Attorney Help with My Case?

When you’re coping with the heartbreaking loss of a loved one, the complexity of legal processes shouldn’t be your burden to bear. That’s where a trusted wrongful death attorney steps in—to handle every detail of your case while giving your family the space to grieve and heal.

Here’s how our legal team at Steven A. Bagen & Associates, P.A. can help you:

  • Investigating the Incident: We’ll thoroughly examine the cause of your loved one’s death, identify all responsible parties, and gather compelling evidence that shows negligence.
  • Filing Your Claim: From paperwork to deadlines, we’ll ensure that every aspect of your wrongful death claim is handled correctly and in a timely manner.
  • Proving Liability: Building a strong case requires a keen understanding of documenting negligence, calculating damages, and persuasively demonstrating how the responsible party’s actions caused your loss.
  • Advocating for Maximum Compensation: Insurance companies often aim to minimize payouts, but we have decades of experience standing up to them. Whether through negotiation or a trial, we’ll fight for the full compensation your family deserves.
  • Providing Support and Guidance: We know how overwhelming this process can feel. That’s why we communicate with you openly and compassionately, keeping you informed and focused on what matters most.

You shouldn’t have to do this alone. An experienced Ocala wrongful death lawyer at our firm will stand by your side and advocate for accountability on behalf of your loved one.

Contact Our Trusted Ocala Wrongful Death Lawyers Today

Steven A. Bagen
Steven A. Bagen, Wrongful Death Lawyer in Ocala, FL

At Steven A. Bagen & Associates, P.A., we understand that no words can ease the pain of losing a loved one. But through skilled legal representation, we strive to bring families justice, accountability, and the financial security they need to move forward.

Our compassionate team stands ready to assist families in Ocala and throughout North Central Florida during their most difficult times. With over 40 years of experience and a 99% success rate, we are confident in our ability to fight for the compensation you and your family deserve.

Contact us today at  (352) 377-9000  or through our online form for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and guide you through the process step by step. Remember, you won’t owe us any attorney’s fees unless we recover compensation in your case.



Bagen Law
Ocala Office

Address: 1521 S Pine Ave, Ocala, FL 34471
Phone: 352-377-9000