A Lakewood Ranch wrongful death lawyer can provide essential support if you’ve lost a loved one due to someone else’s actions.
If you lost a loved one due to the actions of another party, you are undoubtedly facing a long road ahead as you do your best to cope with your loved one’s untimely death. You may also be considering your options for taking legal action. Fortunately, Florida’s wrongful death statute helps ensure that individuals who wrongfully caused someone’s death are held responsible for their actions. Winning a wrongful death claim or lawsuit is no easy feat. We recommend contacting a Lakewood Ranch wrongful death lawyer to give your case the best chance of success.
Lakewood Ranch Wrongful Death Claims
Wrongful Death Claims In Lakewood Ranch: What Survivors Should Know
Filing a wrongful death claim in Florida involves specific legal requirements. Here’s what matters most as you consider your family’s options.
- A wrongful death claim can arise from many situations, including car accidents, medical malpractice, defective products, or intentional acts, and multiple parties can potentially be held liable in a single case.
- Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate, typically a surviving spouse, parent, or adult child.
- Surviving family members may recover damages for lost companionship, mental pain and suffering, and lost financial support, while the estate can separately recover funeral expenses and medical bills incurred before death.
- Florida generally gives survivors two years from the date of death to file a wrongful death lawsuit, though certain circumstances can extend that deadline.
Overview of a Wrongful Death Lawsuit in Lakewood Ranch, FL
A wrongful death may occur when a loved one dies because of an unlawful act or the negligence of another. A wrongful death case might arise from a number of different things, such as a defective product, slip and fall, or traffic accident. Intentional misconduct like assault, battery, or homicide can also be the basis for a wrongful death case.
A wrongful death lawsuit is essentially a personal injury lawsuit where someone seeks compensation for the loss of their loved one. To prove liability, the plaintiff must prove that the defendant owed the victim a standard of care that the defendant did not meet. They must also prove that the defendant’s violation of the standard of care, or unreasonable actions, directly caused the victim’s death. Then, the plaintiff must prove that the damages sought directly result from the death.
On average, settling a wrongful death case can take anywhere from 12 months to 3 years. However, settling before trial can significantly lessen these timeframes.
Some wrongful death cases can be fairly straightforward, such as a drunk driving case that kills an innocent driver or pedestrian. However, if multiple parties contributed to the death or if there are questions surrounding liability, the case may be more complicated.
For example, a fatal car accident may have resulted from a combination of a pothole, a drunk driver, and a faulty airbag, it would be possible for a wrongful death suit to be filed against the drunk driver, the establishment that served the alcohol, the contractor or government agency responsible for maintaining the road, the car manufacturer, and the airbag distributor.
Another example might be a medical malpractice case involving the doctor, nurses, and hospital, who could all potentially be liable.
There are many other avenues to recover compensation, and each case is unique. Consulting a Wrongful Death Lawyer in Lakewood Ranch, FL, can help you understand the full extent of the damages you may be entitled to recover and ensure that your family’s rights are fully protected.
When You’re Not Ready To Think About Deadlines
You Shouldn’t Have To Think About Legal Deadlines While You’re Grieving
Right now, terms like “personal representative” and “statute of limitations” probably feel impossible to focus on. That’s normal. When you’re ready, we’ll walk you through it at your pace.
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Who May File a Wrongful Death Lawsuit in Lakewood Ranch, FL?
Under Florida Law, the personal representative of an estate, usually named in a will or determined by a court, is the one who files a lawsuit for wrongful death on behalf of the deceased person’s beneficiaries. Depending on the types of damages sought, beneficiaries can be the heirs of the deceased person or the deceased person’s estate.
Typically, the personal representative of an estate in Florida is the surviving spouse, a surviving parent, a surviving adult child, or a court-appointed responsible party. In some cases, a client may choose to hire a professional personal representative, such as an attorney. Speaking with a wrongful death lawyer in Lakewood Ranch, FL, can help families better understand the probate process and determine who has the legal authority to file a wrongful death claim.
Meet Our Lakewood Ranch, FL Wrongful Death Lawyer | James M. Horne
James “Jay” Horne is a dedicated trial attorney with extensive experience handling medical malpractice, personal injury, and wrongful death cases throughout Florida. A Florida native and AV-Preeminent rated litigator, Jay has successfully represented clients in both state and federal courts, securing multiple six- and seven-figure verdicts. His educational achievements, leadership roles within legal organizations, advanced advocacy training, and commitment to public service reflect his passion for helping injured individuals and their families. Known for his hands-on approach, Jay provides every client with personalized attention and aggressive legal representation, working tirelessly to pursue the best possible outcome both inside and outside the courtroom.
Why Choose Us?
- We are fully honest & transparent — we’ll tell you straight if we believe your case doesn’t have merit.
- We have a stellar reputation for handling tough cases and achieving strong results.
- We are experienced trial litigators, prepared to go to court if needed to protect your rights.
- We treat you like part of the team: you’re not just a case file number — your story matters and we invest time in understanding it.
What Damages Could a Survivor Recover in Lakewood Ranch, FL?
Wrongful death settlement amounts depend on the facts of the case and the victim’s personal characteristics. Several types of damages can be awarded depending on the circumstances. Close loved ones can recover damages for their mental pain and suffering, including the costs of mental health counseling. If the deceased is a spouse to the survivor, they may recover damages for lost companionship and the emotional suffering they will incur as a result. If a minor loses their parent due to a wrongful death, they may also recover damages for lost parental guidance and instruction.
Those who were financially dependent on the victim can recover the value of financial support they would have received if the person had lived. They can also recover for the loss of the person’s household, parental, and spousal services.
In addition to these damages recoverable by the victim’s family members, their estate can recover compensation for:
- Lost earnings between the date of injury and the date of death,
- Medical expenses incurred before death, and
- Funeral and burial expenses.
Because so many factors apply, determining the damages an insurance company or court will award is unclear. The average wrongful death settlement in Florida is approximately $500,000. Some wrongful death settlements average more than $1 million. However, the amount a survivor can receive is never guaranteed. It is in the survivor’s best interest to have a wrongful death attorney in Lakewood Ranch, FL, who can advocate for damages that properly reflect the financial and emotional trauma caused by the wrongful death.
Honest Guidance, No Pressure
We’ll Tell You Honestly What Your Family’s Case Looks Like
James Horne Law won’t tell you what you want to hear just to take your case. We’ll walk you through what a wrongful death claim can realistically achieve for your family, and stand beside you through every step if you decide to move forward.
Schedule A Free ConsultationHow Long Does a Survivor Have to File a Wrongful Death Lawsuit in Lakewood Ranch, FL?
Like any lawsuit, there is a time limit on pursuing it, known as a “statute of limitations.” A statute of limitations prevents a potential party from indefinitely threatening someone with a lawsuit. To win a wrongful death lawsuit, you must comply with Florida’s statute of limitations. In general, the statute of limitations for wrongful death is two years from the date of death. However, in Florida, the wrongful death statute of limitations may be extended in certain limited circumstances.
If you think your case may fall under an exception to the wrongful death statute of limitations under Florida law, contact a wrongful death attorney in Lakewood Ranch, FL, for guidance. Miscalculating the statute of limitations could result in losing your right to pursue compensation and all other legal remedies associated with the lawsuit.
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Contact a Lakewood Ranch, FL Wrongful Death Attorney
At James Horne Law PA, you will receive top-notch legal representation in your time of need. The firm is a member of the Million Dollar Advocates Forum, and James Horne was rated an AV-Preeminent attorney by Martindale-Hubbell. Superlawyers has also recognized Mr. Horne, an honor only bestowed on the top 5% of attorneys. Mr. Horne is a Lakewood Ranch wrongful death attorney who handles every facet of a case, from intake to trial. Contact us today for a free, confidential consultation.
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Lakewood Ranch Wrongful Death FAQ