Stuart Wrongful Death Lawyer

Was someone you love recently killed in an accident in Stuart, FL? You may be entitled to compensation for medical bills, funeral costs, and loss of your loved one’s company and support. An experienced Stuart wrongful death lawyer at Kibbey Wagner, PLLC, will do everything possible to help your family through this difficult time.

Since 2014, our lawyers have been working hard to hold negligent parties accountable for their actions. We’ve already recovered over $30 million for accident victims along the Treasure Coast.

Money can’t bring your loved one back, but it can help you protect your family’s future. Contact our law firm in Stuart, Florida, to schedule a free consultation for more information at (772) 444-7000.

How Kibbey Wagner, PLLC Can Help With Your Family’s Wrongful Death Claim in Stuart, FL

How Kibbey Wagner, PLLC Can Help With Your Family’s Wrongful Death Claim in Stuart, FL

Countless families lose loved ones in Florida each year. If you’re one of them, you’ve already suffered an unimaginable loss. Our Stuart personal injury attorneys are here to help you get justice – and the financial compensation you need to move forward. 

At Kibbey Wagner, PLLC, we have over 27 years of experience between us. We know what it takes to hold negligent parties accountable.

When you choose our Stuart personal injury lawyers to protect you, we will:

  • Conduct a detailed investigation into the circumstances of your loved one’s death
  • Locate all responsible parties
  • Hire experts to help us calculate the fair value of your wrongful death claim
  • Fight back when the insurance company tries to blame the victim
  • Handle all insurance negotiations and communications–so you can focus on healing

One of our founding attorneys is board certified in civil trial law here in Florida. That’s a distinction that only a handful of lawyers achieve. We’ve also been selected for inclusion by Florida Super Lawyers and Rising Stars.

We’d be happy to discuss your case in detail during a free initial consultation. All you have to do is call to schedule yours today. 

How Common Are Fatal Accidents in Stuart?

How Common Are Fatal Accidents in Stuart?

Fatal accidents are all too common in the state of Florida. Most of the time, these fatal accidents occur because someone was careless. 

For example, in 2021 alone, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported that:

Around 29 motor vehicle accident fatalities were reported in Martin County alone in 2021.

While auto accidents are a leading cause of death in Florida, they’re by no means the only way fatal accidents happen. Around 275 workers were killed on the job across Florida in 2020, according to data from the Bureau of Labor Statistics. In a single year, 2,764 Floridians died in fall accidents.

If your loved one was killed due to the negligence of someone else, don’t hesitate to call for legal advice today.

What Is a Wrongful Death Lawsuit?

What Is a Wrongful Death Lawsuit?

As a surviving family member, you may have a valid wrongful death case if your loved one died because of someone’s careless, reckless, or wrongful act.

Wrongful death cases are civil lawsuits filed to recover financial compensation. You’re entitled to take legal action if your loved one would have had a valid personal injury lawsuit had they survived.

“Surviving family members” is defined to include a deceased person’s:

  • Surviving spouse
  • Children
  • Parents
  • Other blood relatives and adoptive siblings who depended on the decedent for financial support

The decedent’s personal representative files the wrongful death lawsuit on behalf of surviving family members. Ultimately, it is the surviving family that can recover compensation.

What is My Stuart Wrongful Death Case Worth?

As with any personal injury case, it’s important to examine all relevant factors when calculating the value of a wrongful death claim.

While each case is unique, the following factors tend to be most important:

  • The victim’s age and life expectancy at the time of death
  • The victim’s past earnings and expected future earning potential
  • The age and identity of any dependents
  • The trauma of the accident and injury, both for the victim and survivors
  • The cost of the victim’s medical treatment and other expenses
  • Whether liability has been clearly established
  • The nature of the defendant’s acts
What is My Stuart Wrongful Death Case Worth?

Younger victims tend to receive higher settlements, especially if they leave young children behind. However, there are countless factors that could influence the value of your case. Call our law firm today for more information and a free case review.

What Types of Damages Are Available in a Wrongful Death Lawsuit?

What Types of Damages Are Available in a Wrongful Death Lawsuit?

The Florida Wrongful Death Act lists the types of damages that are available to survivors. Surviving family members are entitled to both economic damages and non-economic damages. 

Economic damages are designed to compensate for your family’s financial losses. Non-economic damages represent the value of your intangible losses – meaning the losses that money can’t truly buy.

Examples of the types of damages your family may be entitled to receive include:

  • Medical expenses incurred between the date of your loved one’s injury and the date of death
  • Lost financial support and household services between the date of injury and date of death, plus interest
  • Loss of future financial support and/or household services
  • Loss of consortium (loss of a spouse or partner’s company)
  • Loss of parental instruction and guidance
  • Emotional pain and suffering
  • Funeral expenses and burial costs
  • Loss of prospective net accumulations (loss of inheritance)

The deceased person’s estate may also be entitled to recover economic damages. For example, if the estate paid the decedent’s medical bills and funeral costs, the estate is entitled to seek compensation for those expenses.

Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in Florida?

Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in Florida?

Insurance companies will go to great lengths to reduce their own financial liability. That often includes blaming accident victims for causing their own death.

While it might seem wrong, if the insurance company succeeds, they can reduce your compensation even though your loved one can’t defend themselves.

Florida is a pure comparative fault state. After an accident, liability is apportioned between all parties. Each party is financially responsible for its percentage of the blame.

Your family has gone through enough. You shouldn’t also have to stand by and watch the insurance company point the finger at your loved one. Our experienced Stuart wrongful death attorneys will do everything we can to downplay your loved one’s role in the accident.

What Causes Most Fatal Accidents in Stuart, Florida?

What Causes Most Fatal Accidents in Stuart, Florida?

Any type of traumatic accident or act of intentional violence can give you the right to file an action for wrongful death.

Our lawyers in Stuart handle all types of wrongful death claims, including those involving:

  • Car accidents
  • Slip and fall accidents and premises liability claims
  • Motorcycle accidents
  • Pedestrian and bicycle accidents
  • Truck accidents
  • Uber and Lyft accidents
  • Boating accidents
  • Recreational vehicle accidents
  • Sporting accidents
  • Drownings 
  • Construction accidents
  • Workplace accidents
  • Dog bites 
  • Defective products
  • Medical malpractice
  • Nursing home abuse or neglect
  • Intentional violence, assault, and sexual assault

Do you have questions about your legal options? Call our law offices in Stuart to schedule a free consultation with our experienced lawyers today.

How Do I Establish Liability for Wrongful Death in Florida? 

How Do I Establish Liability for Wrongful Death in Florida? 

Most wrongful death actions are based on negligence. In other words, the at-fault party didn’t intend to kill anyone.

However, they can be held accountable if they caused someone’s death because they were careless or reckless.

To prove negligence, you’ll have to establish the following elements:

  • A legal duty of care
  • Breach of duty
  • Causation
  • The damages your family sustained

There isn’t one single precise system for proving negligence. That’s because every case is different. Our lawyers in Stuart have the experience and resources to help find the proof you need.

You may also be entitled to compensation if your loved one was killed because of someone else’s criminal act. In these cases, the defendant can be held responsible in both civil and criminal court. While criminal courts are concerned with punishing the defendant, the civil system is designed to compensate the surviving family.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

In Florida, the statute of limitations in wrongful death cases is two years. In most cases, you’ll have two years from the date of your loved one’s death to file a wrongful death lawsuit.

There are serious consequences if you wait too long. Once two years have passed, you’ll forfeit the right to recover compensation entirely. However, there are always exceptions. For example, the statute of limitations may be paused if the defendant is also facing criminal charges.

You can learn more about the deadline in your case by calling our law offices for a free case evaluation today.

Contact a Stuart Wrongful Death Lawyer for a Free Consultation

Contact a Stuart Wrongful Death Lawyer for a Free Consultation

At Kibbey Wagner, PLLC, we’ve been helping grieving families in Stuart, Fort Pierce, and West Palm Beach for over 27 years. If you’re struggling financially or have questions about your legal rights after the death of a loved one, call for a free consultation with a Stuart wrongful death lawyer today.