Compassionate Wrongful Death Representation
At Roselli & McNelis, we understand the emotional toll that losing a loved one due to negligence can have on a family. While no amount of compensation can bring back your loved one, pursuing a wrongful death claim can provide financial security for your family and hold the responsible party accountable. We provide compassionate and personalized legal counsel so you can focus on healing while we handle the legal complexities of your case.
Our experienced attorneys have represented families who have lost loved ones in car accidents, medical malpractice, workplace accidents, nursing home negligence, and other tragic circumstances. We are committed to fighting for justice and ensuring your family receives the compensation you deserve.
Understanding Florida Wrongful Death Law
Florida's Wrongful Death Act (F.S. 768.16-768.26) provides the legal framework for families to pursue compensation when a person dies due to another party's negligence. Under this law, the personal representative of the deceased's estate can file a claim on behalf of the surviving family members. It's important to understand the rules and deadlines that apply to these cases.
Statute of Limitations: In Florida, families typically have two years from the date of death to file a wrongful death lawsuit. This deadline is critical—if you miss it, you may lose your right to pursue compensation. We recommend contacting an attorney as soon as possible to protect your rights.
Common Causes of Wrongful Death
Wrongful death claims can arise from various situations where a person's death results from negligence or intentional acts:
- Car Accidents: Negligent driving, drunk driving, and speeding cause thousands of fatal accidents annually.
- Medical Malpractice: Surgical errors, medication mistakes, misdiagnosis, and other medical negligence can result in death.
- Workplace Accidents: Unsafe working conditions, lack of safety equipment, and negligent supervision can cause fatal workplace injuries.
- Defective Products: Products with design or manufacturing defects may cause fatal injuries to users.
- Nursing Home Neglect: Inadequate staffing, malnutrition, falls, and abuse in nursing homes can lead to preventable deaths.
- Criminal Acts: When a person dies as a result of another person's criminal conduct, families may pursue both criminal prosecution and civil claims.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death claim. Florida law limits who has the legal right to pursue compensation:
- Surviving Spouse: The deceased's spouse can file a wrongful death claim.
- Children: Adult children of the deceased can file a claim, and minor children can file through a guardian.
- Parents: Parents of a minor child who dies due to negligence can file a claim.
- Personal Representative: If the deceased had a will or estate, the personal representative can file the claim on behalf of the estate and surviving family members.
Damages Available in Wrongful Death Cases
If you successfully pursue a wrongful death claim, you may be entitled to recover various types of damages:
- Medical and Funeral Expenses: All costs associated with the deceased's medical treatment and funeral services.
- Lost Income: The income the deceased would have earned during their expected lifetime, reduced to present value.
- Loss of Companionship: Compensation for the loss of love, affection, and emotional support provided by the deceased.
- Pain and Suffering: Compensation for the emotional distress and grief experienced by surviving family members.
- Punitive Damages: In cases involving gross negligence or intentional acts, additional damages may be available to punish the at-fault party.
Why Choose Roselli & McNelis?
Pursuing a wrongful death claim is complex and emotionally challenging. You need attorneys with experience, compassion, and dedication to your case:
- Civil Trial Lawyers: Our attorneys are certified by the Florida Bar as Civil Trial Lawyers with extensive experience in wrongful death cases.
- Decades of Experience: With over 50 years of combined experience, we have successfully represented families in wrongful death claims.
- Track Record of Results: Our settlements and verdicts demonstrate our ability to achieve significant recoveries for grieving families.
- No Fee Unless We Win: We work on a contingency basis—you pay nothing unless we recover compensation for your family.
- Compassionate Support: We understand the pain of losing a loved one and provide personalized support throughout the process.
- Trial Ready: Insurance companies know we're willing to take cases to trial, giving us leverage in settlement negotiations.
Frequently Asked Questions
The amount you can recover depends on many factors, including the deceased's age, income, health, and the nature of their relationship with surviving family members. Damages may include medical and funeral expenses, lost income, loss of companionship, pain and suffering, and in some cases, punitive damages. Our attorneys will evaluate all aspects of your case to determine the potential value of your claim. We have recovered multi-millions for wrongful death claimants.
In most cases, the statute of limitations for wrongful death claims in Florida is two years from the date of death. However, there are some exceptions and limited circumstances where claims may be filed beyond this deadline. Time is critical in wrongful death cases, so if you believe you may have a claim, contact us immediately. We can evaluate whether there are any exceptions that apply to your situation.
No, you do not need to wait for a criminal trial to file a civil wrongful death claim. Civil cases and criminal cases are separate legal proceedings with different standards of proof. In fact, you may pursue both a civil wrongful death claim and a criminal prosecution simultaneously. Our attorneys can advise you on how to proceed with both cases to protect your family's interests.