Did a family member recently pass away in an accident in Port St. Lucie, Florida? If someone’s negligence caused your loved one’s death, you might be able to recover compensation with the help of a Port St. Lucie wrongful death lawyer at Kibbey Wagner, PLLC. Call us today at (772) 247-3374 to see how we can help.
With a Board Certified Civil Trial Lawyer, nearly three decades of combined legal experience, and more than $30 million recovered for our clients since 2014, you can count on us to handle your case with dedication, respect, and professionalism.
We believe it is important to seek justice for those who have lost their lives due to someone else’s negligence. And above all, we are committed to helping ease the financial stress associated with the sudden loss of a loved one.
Contact us today for a free and confidential consultation at our Port St. Lucie law office.
How Can Kibbey Wagner, PLLC Help After a Fatal Accident in Port St. Lucie
Dealing with a loved one’s death brings unimaginable grief along with financial loss that can make the aftermath of an accident much more difficult. While we know that no amount of money can make up for your loss, helping you secure compensation can ease your mind about finances in the future.
When you hire our Port St. Lucie personal injury lawyers, we’ll:
- Investigate the circumstances of the accident and determine all possible contributing causes
- Monitor deadlines and handle all administrative tasks for your claim or lawsuit
- Hire experts to analyze evidence and testify on your behalf
- Negotiate with insurance companies to obtain a settlement that covers all of your losses
- Send a top-rated trial lawyer to fight for you in court, if you don’t receive a fair offer
We have a former insurance defense attorney on our team, which means we know how to anticipate the insurance company’s next move. We understand their motives and know how to overcome the tactics they use to get out of paying you the compensation you deserve.
Your loved one deserves premier legal representation from our Port St. Lucie, FL law firm. Call for a free initial consultation today.
We Handle All Types of Fatal Accidents in Port St. Lucie, FL
We have helped families through tragedies caused by preventable accidents of all kinds. Whether your loved one’s death was sudden or after an extended period of dealing with serious injuries from an accident, we can offer sound legal advice to help you move forward.
Some of the most common accidents that result in death include:
- Car accidents
- Truck accidents
- Construction accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Slips and falls and other premises liability accidents
- Accidents caused by defective products
We know that finances may be tight after the unexpected loss of a loved one. That’s why we work on a contingent fee basis, which means you don’t owe us anything unless and until we recover a financial award for you. When we take your case, we’re confident that we can achieve a successful result.
What Is My Wrongful Death Case Worth?
Your loss is specific to the unique details of your case. We take great care in talking with you to understand the full extent of the financial and emotional toll the loss of your loved one has had on you and your family. Only then can we calculate how much your case could be worth.
There are, however, some factors that generally affect all cases, such as:
- The circumstances of the accident
- Whether the victim was suffering before their death
- Whether the victim shared blame for the accident
- The victim’s age as well as life expectancy
- The victim’s lifetime earning capacity
- The number and ages of the victim’s dependents
Cases can vary widely in value. We know that insurance companies will try to deny claims or devalue your case. We are committed to helping you get justice, and we are ready to stand up against those tactics so that you get the compensation you deserve.
What Kind of Damages Are Available in Wrongful Death Cases?
But who can be a plaintiff and who receives those damages can be a little tricky in wrongful death cases.
Who Can File a Wrongful Death Lawsuit in Florida?
A wrongful death case in Florida must be filed by the victim’s personal representative. Sometimes that is a family member, but not always.
Once the case is filed, the personal representative may seek damages on behalf of the victim’s survivors and on behalf of the victim’s estate.
A “survivor” under Florida law is generally a spouse, parent, or child, but it could include other blood relatives or adoptive siblings if they were dependent on the victim’s income.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
Survivors may recover compensation for:
- Lost wages that would have supported the survivor
- Lost services, such as family responsibilities
- Loss of spousal companionship
- Mental anguish, grief, depression, or anxiety
- Loss of parental guidance and companionship (for minor children)
- Medical or funeral expenses, if paid by the survivor
The decedent’s estate could seek compensation for:
- Loss of earnings of the victim
- Loss of anticipated lifetime accumulated estate value (loss of inheritance)
- Medical or funeral expenses charged to the estate
These cases can be incredibly complicated. The beneficiaries named in the decedent’s will (if there was one) may be different than the survivors defined by statute. Consult an experienced Port St. Lucie wrongful death lawyer as soon as possible after your loved one’s death so that you understand all of your legal rights and options.
Can I Still Recover Compensation If My Loved One Is Being Blamed For a Wrongful Death Accident in Florida?
The answer is most likely yes. If your loved one was not 100% at fault for the accident, you would likely have the ability to recover some compensation in a wrongful death lawsuit. Florida’s comparative fault law will require the compensation to be reduced by the percent of fault attributed to the victim. It’s a sad fact that insurance companies will try to put the blame on a victim who cannot speak for themselves.
But if your loved one is partially at fault, we will fight to make sure that any fault attributed is fair and based on the evidence. We will not let the insurance company blindly blame your loved one in an attempt to escape liability.
What Is Negligence and How Do I Prove It in a Wrongful Death Case?
Most accidents are caused by someone’s negligence. That’s the legal term for carelessness or acting without the caution required for the circumstances. When someone causes harm because they were negligent, they can be held financially accountable for all damages resulting from their conduct.
You must prove all four elements of negligence to prevail:
- Duty: there was a duty of care present
- Breach: the defendant’s action or inaction was a breach of that duty
- Causation: the victim’s death was a result of the defendant’s conduct
- Damages: the defendant’s actions caused some sort of harm
You must present compelling evidence to prove every element by a preponderance of the evidence. That could involve using:
- Eyewitness testimony
- Expert reports or testimony
- Accident or police reports
- Medical records
- Manufacturing or maintenance records
- Video footage
We take great care during the investigative stage. Our experienced team examines details and hires experts when necessary to strengthen your claim.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Florida?
In most cases, you’ll have two years of the date of death of your loved one. That’s the statute of limitations for wrongful death in Florida. That time goes by very quickly when you are grieving and handling all the responsibilities associated with the loss of a family member.
We highly recommend contacting our legal team as soon as you are able to do so. It will put your mind at ease knowing that we are working hard to hold the negligent party accountable for your loss.
We know it is difficult to think about legal matters during such an emotional time, but taking the first step to start the process is all you have to do. We will take the lead and put your mind at ease.
Contact Our Port St. Lucie Wrongful Death Lawyers For a Free Consultation
If you lost a loved one due to someone else’s negligence, our Port St. Lucie wrongful death lawyers are here to help. Our compassionate team will be by your side every step of the way. We will help you get justice for your family member and fight for the compensation that will bring stability to your future.
We know this may be the most difficult time of your life, and we are here to help. Call Kibbey Wagner today for a free case evaluation.
Our personal injury law firm in Port St. Lucie, FL also provides:
- Bicycle Accident Attorney in Port St. Lucie
- Car Accident Lawyer in Port St. Lucie, FL
- Motorcycle Accident Lawyer in Port St. Lucie, FL
- Pedestrian Accident Attorney in Port St. Lucie, FL
- Truck Accident Lawyer in Port St. Lucie, FL