Losing a family member because of another person’s negligent, intentional or reckless actions, can turn your life upside down and leave you dealing with severe emotional trauma and significant financial losses that can create numerous hardships for the family.
However, following this tragic ordeal, you should not have to deal with all these debilitating repercussions by yourself. Instead, you should be able to go after the wrongful party that caused your loved one’s death and hold them liable for the damages and losses you endured.
Thankfully, when you hire an experienced Tallahassee wrongful death lawyer from the Dolman Law Group, you will not have to take on this complex legal battle alone. Rather, these attorneys can handle this fight and help you go after the justice and financial recovery you need.
Table of Contents
- Tallahassee’s Wrongful Death Law Firm
- What Is a Wrongful Death Claim?
- Common Causes of Wrongful Death Accidents in Tallahassee
- What You Have to Prove in a Wrongful Death Claim
- Financial Compensation Following a Tallahassee Wrongful Death Accident
- Actions to Take Following a Tallahassee Wrongful Death Accident
- Contact a Tallahassee Wrongful Death Lawyer Today
- Frequently Asked Questions
Dolman Law Group Accident Injury Lawyers, PA—Tallahassee’s Wrongful Death Law Firm
At the Dolman Law Group Accident Injury Lawyers, PA, our personal injury attorneys not only want to help you win your case, but we also want to provide you with world-class services, ensuring you feel supported at every stage.
As a result of this dedication to our clients, our firm has received national recognition, including the Top 100 Lawyers National Trial Lawyers award and the “Clients Choice for Personal Injury” title according to AVVO.com. More importantly, we have also earned a reputation for vigorously fighting for our injured clients and doing everything we can to get them the justice they deserve.
That is why, since our founding, we have helped countless clients and secured millions of dollars on their behalf through settlement negotiations and jury trials, including the following recent judgments:
- $6,700,000 for wrongful death, and
- $1,000,000 for a rideshare accident that resulted in a father’s death.
Note that these are only past results and no guarantee of success in call claims.
If you suffered harm following an accident or lost a loved one due to another person’s wrongful actions, reach out to the Dolman Law Group for a free case evaluation. Our firm can meet with you virtually or at one of our conveniently located offices, including our Tallahassee location, right off Killarney Way.
What Exactly Is a Wrongful Death Claim?
In Florida, a wrongful death results when a person dies due to another individual’s or entity’s wrongful actions, default, negligence, or breach of contract or warranty. However, as a result of this death, the state also allows certain individuals, as enumerated by the state’s statute, to file a legal claim against the party that caused the death and go after specific monetary damages.
Common Causes of Wrongful Death Accidents in Tallahassee
While a wrongful death can occur for many reasons, in Tallahassee, these tragic situations typically arise from the following types of accidents:
- Car crashes
- Trucking accidents
- Motorcycle accidents
- Medical malpractice
- Property accidents
- Pedestrian accidents
- Defective goods and products
- Workplace fatalities
- Intentional actions, such as a crime
Yet, if you lost a loved one because of another person’s wrongful actions for a reason not indicated above, you should still reach out to an experienced wrongful death attorney from Dolman Law Group. These lawyers can review the facts of what happened, determine if you and your family have a valid wrongful death case, and help you go after the justice and financial damages you deserve.
Bringing a Tallahassee Wrongful Death Claim—What You Have to Prove
In Tallahassee, a successful wrongful death claim requires establishing:
- Your family member passed away.
- The death of your family member was the result of the wrongful act of another person or entity, and
- The situation in question would have entitled the decedent to maintain a legal action and recover compensation for their injuries if the death had not happened.
For these reasons, following the passing of your loved one, it is beneficial to reach out to an experienced Tallahassee wrongful death attorney as soon as possible. Our lawyers can promptly get to work, securing evidence to prove each of these elements and then going after the successful resolution to your wrongful death case.
Local Information You Should Stay Aware of When It Comes to a Wrongful Death Claim in Tallahassee
While a wrongful death accident can occur anywhere, certain areas in Tallahassee can result in these devastating accidents more frequently than others.
For instance, the following roadways and intersections in Tallahassee are known for their catastrophic accidents, severe injuries, and numerous fatalities:
- West Tennessee Street and Ocala Road
- Orange Avenue and Springhill Road
- Monroe Street and Orange Avenue
- Capital Circle and West Tennessee Street
- Capital Circle and Apalachee Parkway
- Tennessee Street and High Road
The Statute of Limitations to Bring a Wrongful Death Claim in Tallahassee
Another local issue individuals should keep in mind when it comes to a wrongful death claim is the time limitations involved with these cases.
According to the statute of limitations, which is a law that sets the maximum amount of time an individual has to file a claim after an alleged offense, parties in Florida only have two years after their loved one’s death to file a wrongful death lawsuit. If these individuals fail to file their suit within this deadline, they cannot pursue legal action to collect compensation.
That is why individuals are encouraged to speak to an experienced Tallahassee wrongful death attorney as soon as possible. At the Dolman Law Group, for instance, our attorneys can determine exactly how much time you have to file your wrongful death claim. We can also file your legal motions with the appropriate court before this deadline expires.
In addition, just because you may have years to file your claim, you should not wait long to pursue legal action. In many instances, the longer you wait to file a lawsuit, the higher the likelihood is of evidence disappearing, memories of the incident fading, and witnesses no longer being able to testify: All factors that can impact your chance of succeeding in your claim.
Who May File a Wrongful Death Claim in Tallahassee?
While most states usually allow a decedent’s relatives to file a wrongful death claim, Florida is not one of them. To pursue a wrongful death lawsuit in the state, a personal representative or executor of the decedent’s estate must file the claim.
However, when these individuals file this claim, they act on behalf of the decedent’s surviving family members and the estate. These personal representatives must indicate all the potential beneficiaries when filing the case.
To qualify for the role of the personal representative or the executor, the individual needs to be at least 18 years old and be mentally and physically capable of serving this role. These individuals also cannot have any felony convictions on their record.
Tallahassee Wrongful Death Lawyer Near Me 833-552-7274
Financial Compensation Following a Tallahassee Wrongful Death Accident
If you lost a loved one because of another person’s wrongful actions, you might be entitled to certain monetary damages meant to compensate for this death. Under Florida’s laws, these damages fall into two categories: monetary damages awarded to the decedent’s family and damages awarded to the decedent’s estate.
Damages Awarded to the Family
These financial damages typically include compensation for:
- The family’s mental pain and suffering
- The family’s loss of parental companionship, guidance, and instruction
- The loss of support and services the decedent provided their family members
- The loss of the decedent’s companionship and protection
- Funeral, burial, and medical expenses paid for by the surviving family members
Damages Awarded to the Estate
In addition, the decedent’s estate may also recover certain types of damages, which generally include:
- Lost wages, earnings, and other benefits from the date of the decedent’s injury to the date of their death
- Funeral, burial, and medical expenses paid for directly by the estate
- The value of benefits and earnings the deceased could have reasonably earned and left as part of the estate if they had lived.
However, to determine what compensation you and your family may be entitled to following the loss of your loved one, you should speak with an experienced Tallahassee wrongful death attorney at Dolman Law Group. These lawyers can help you figure out not only which of these damages apply to your case, but they can also help you go after the maximum compensation you need.
For a free legal consultation with a wrongful death lawyer serving Tallahassee, call 833-552-7274
Does the Insurance Company Help You Obtain Compensation Following a Wrongful Death Accident in Tallahassee?
Insurance companies may cover various parts of the wrongful death claim depending on the type of accident that led to the wrongful death. However, just because the insurance company may cover some of these monetary damages, it does not mean obtaining this money will be easy. In truth, securing this compensation can be an uphill battle.
The insurance company is a business, and like other businesses, they want to make a profit. By offering you less money for your claim, the higher their profits will be. As a result, these insurance companies and their adjusters will try to find anything to justify paying you less.
That is why before you talk with the insurance company following a family member’s wrongful death, you should speak with an experienced Tallahassee wrongful death attorney about what happened. Our lawyers can fight the deceitful practices that the insurance company may try on you. We can handle these conversations for you, ensuring you do not say anything that can hurt your case and prevent you from getting the money you and your loved ones need.
Actions to Take Following a Tallahassee Wrongful Death Accident
If your loved one died because of another person’s careless or reckless actions, you may take legal action against the wrongful party to obtain compensation for your losses. However, while gathering evidence after the incident may not be a top priority, the things you do not only will help your attorney prepare a solid legal case but also improve your chances of securing the justice you and your family deserve.
For these reasons, following your loved one’s wrongful death in Tallahassee, you should consider doing the following:
Obtain the Death Certificate
Following the death, you want to obtain the death certificate, as you will need proof of death to proceed with a Tallahassee wrongful death claim.
Check for Witnesses
If there were people present at the accident that killed your loved one, see if you can get their names, phone numbers, and even email addresses. These witnesses can often provide your attorney with helpful details regarding what happened and even offer valuable testimony that can substantiate your case.
Gather Evidence From the Accident and Give It to Your Wrongful Death Attorney
If possible, collect as much evidence from the accident as you can. This should include photos from the accident that led to your loved one’s death, police reports, medical reports, bills and receipts that resulted from the wrongful death, and any other information related to your loved one’s passing.
When you meet with your attorney, you will want to provide them with all this evidence, so they can use it to prove what happened, who was at fault, and the extent of your damages.
Contact a Tallahassee Wrongful Death Lawyer Today
Following the loss of a loved one, do not wait to reach out to an attorney and get the legal help you need. Instead, contact Dolman Law Group Accident Injury Lawyers, PA., today at 850-790-5830 for your free case consultation, and let our knowledgeable legal professionals help you fight for your rights and the outcome you deserve.
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How Do You Know If You Can Pursue a Wrongful Death Claim in Tallahassee?
Sadly, following the death of your loved one, there is no guarantee that you can bring legal action against the wrongful party that caused their death and go after the compensation you need. Instead, you should reach out to a skilled Tallahassee wrongful death attorney at Dolman Law Group to verify your legal options. These attorneys can investigate this wrongful death accident, figure out what happened, and determine if you have a valid legal case.
Just because an attorney can provide you with a plan of action does not mean you have to do what they say or take any legal action. We are only here to provide you with a better understanding of the options you have. However, if you decide to pursue a wrongful death claim, these attorneys are ready to take on your case, fight for the monetary damages you deserve, and provide you with the legal support you require through this difficult time.
Which Family Members Are Allowed to Recover Compensation From a Wrongful Death Claim in Tallahassee?
While a personal representative is required to initiate a wrongful death claim, this representative will be filing a claim on behalf of all the members of the family who are suffering due to the loss of their family member. Additionally, as mentioned previously, these representatives must list all the surviving family members who have an interest in the suit.
In general, these family members usually include:
- The decedent’s spouse
- The decedent’s children (those under the age of 25 years old, usually are entitled to greater damages than the older adult children)
- The decedent’s parents
In addition, if other individuals depend on the decedent for financial support, they may also be eligible to receive compensation. However, they will only be able to obtain this financial recovery after the decedent’s primary beneficiaries have had a chance to.
Due to these factors, the best way to determine if you are qualified to recover compensation from a wrongful death claim is to discuss your case with a knowledgeable Tallahassee wrongful death attorney. The lawyers can go over these specific regulations, determine how they apply to you, and figure out your legal options.
Is There a Difference Between Losing an Adult and a Child, When It Comes to a Tallahassee Wrongful Death Case?
While both situations can bring immense pain and emotional anguish when obtaining financial damages following the death of a child or an adult, there is a substantial difference.
Typically, if a family loses a child, the financial damages they can obtain for the death are limited, primarily because a child does not have any income and likely does not contribute to the household. As a result, these financial damages will usually be small. On the other hand, when an adult passes away, it will be easier to determine their potential earning capacity and how they contribute to the family.
Consequently, because of these unknowns, the younger the child is at the time of their death, the more challenging it is to come up with answers when it comes to financial recovery. For these reasons, if you are considering pursuing a wrongful death claim after losing a child, it is in your best interest to work with an experienced Tallahassee wrongful death attorney at Dolman Law Group. These attorneys can help you figure out what a wrongful death claim can mean for you and your family and also help you go after the maximum compensation you need.
If You Want to Bring a Tallahassee Wrongful Death Claim in Tallahassee, Is an Autopsy Required?
Generally, you don’t need an autopsy to pursue a wrongful death lawsuit in Tallahassee. However, an autopsy can help your case, and depending on the circumstances of the death, you may need one to show what happened.
For instance, if the wrongful death resulted from an automobile accident, an autopsy may not be required since the death likely resulted from the collision. Yet, if a loved one died while getting surgery, an autopsy may be needed to determine if the cause of the death was the result of a doctor’s negligent actions.
Fortunately, when you work with a wrongful death attorney, you do not have to determine what you should do in these situations. Rather, our attorneys can figure out whether an autopsy is required and assist you with getting one.
Is Murder the Same Thing as a Wrongful Death?
Wrongful death is very different from murder. While murders are intentional actions done to kill another person, wrongful death is usually the result of an accident caused by another individual’s reckless or negligent actions.
In addition, murders are judged in criminal courts and punished by juries, which can send the defendant to prison. In contrast, a civil court tries wrongful deaths, and the result can involve a judgment for compensation for the family that lost their loved one.
Finally, to be found guilty of murder, the prosecutor needs to prove “beyond a reasonable doubt” that the wrongful party committed the crime, while in a wrongful death claim, the plaintiff’s lawyer needs only to show that the defendant was responsible for the death by a “preponderance of the evidence,” meaning that the wrongful party more than likely committed the actions in the complaint.
How Long Does It Take for a Tallahassee Wrongful Death Claim to Resolve?
When it comes to a wrongful death claim, there are no regulations or set timelines that dictate how long it will take for the case to resolve. Numerous questions and factors often play a large part in how long these cases will last. A settlement will take less time than a trial.
Thankfully, with an experienced Tallahassee wrongful death attorney from Dolman Law Group handling these claims, you will not have to stress about going through this process alone. Instead, these lawyers can stand by your side through this legal journey, ensure you understand what is going on every step of the way, and help you go after the money you need, no matter how long it takes.
Are There Any Exceptions to the Statute of Limitations That Can Impact the Amount of Time You Have to File a Wrongful Death Lawsuit in Tallahassee
Although you only have two years to file your legal claim following the death of your loved one, there are some exceptions to this rule that can impact this filing period. For instance:
If the death resulted from a health care professional’s medical negligence, the statute of limitations to file a case is two years from when you discover the cause of death, rather than the date of death. However, even with this stipulation, the laws still indicate that no medical malpractice action can be filed four years after the date of the accident.
The Wrongful Party’s Death
If the defendant dies before a wrongful death claim finalizes, a plaintiff may have 90 days to file a motion with the court to ask the judge to allow the personal representative of the defendant to represent the deceased. This situation often arises following a motor vehicle accident when both parties pass away from their injuries.
Depending on the accident, you may blame governmental agencies for the wrongful death. However, the statute of limitations when it comes to these claims may be different. For instance, plaintiffs must complete the notification requirement, which governmental entity cases usually require, within three years, extending the statute of limitations to four years.
To file your claim within the appropriate timelines, speak with a knowledgeable Tallahassee wrongful death attorney as soon as possible. We can verify whether any exceptions apply to the statute of limitations and file everything on time.
What Is a Survival Action in Tallahassee, and How Is It Different From a Wrongful Death Claim?
A survival claim allows the decedent’s family to continue a claim that a deceased could have pursued had they survived their accident. Basically, under Florida laws, a survival claim looks to obtain damages for the decedent’s harm before they passed away.
Consequently, unlike a wrongful death claim, these survival claims do not consider the impact of the decedent’s death on the family. Instead, the financial damages are only based on the decedent’s suffering while they were alive.
How Can the Dolman Law Group Help You After Losing a Family Member Due to the Wrongful Actions of Another in Tallahassee?
If you lost a loved one in an accident in Tallahassee, the last thing you want to stress about is preparing strong legal arguments to win your wrongful death claim. Thankfully, when you retain experienced legal counsel from Dolman Law Group Accident Injury Lawyers, PA., you will not have to worry about handling these legal claims by yourself. Rather, these attorneys can help you get the peace of mind that justice has been obtained following this tragic death and go after the compensation you and your family need to keep going.
To do this, our lawyers can:
- Go over the wrongful death accident in detail, figure out if you have a valid legal claim, and determine the legal actions you can pursue.
- Discuss the questions and concerns you have and provide you with the answers you need.
- Investigate and analyze the incident and obtain the evidence required to show what happened, who was at fault, and the extent of the damages this death caused.
- Figure out who was responsible for this death and hold all those at fault accountable for the harm and losses you and your family suffered.
- Take on the settlement negotiations with the other side, including the insurance company, and fight for a just settlement amount.
- Head to trial if the other side refuses to work with you and get you the money you need, and go after maximum compensation.