Wrongful Death Help is Just A Call Away

Florida Wrongful Death Attorneys

Tenacious & Compassionate Counsel When You Need It Most

It is devastating when a family member dies because of another person’s negligence or improper conduct. While nothing can bring back a loved one, a wrongful death claim can assist families who suffer heavy financial burdens and immense pain and suffering as a result of the death.

Wrongful death cases are incredibly complicated, which is why you need a seasoned law firm by your side. Smith, Ball & Báez has a proven track record of handling wrongful death claims.

Contact our wrongful death lawyers in Florida today to learn more about how we can help you and your family through this difficult and challenging time and obtain the justice you deserve.

Who Can Recover Damages From Wrongful Death Claims?

A personal representative must file the wrongful death claim. A personal representative is someone named in a will or estate plan. If there is no will, the personal representative will be appointed by the probate court.

The personal representative files the claim on behalf of certain surviving family members. Depending on the type of case, these members often include:

  • The deceased’s spouse
  • The deceased’s children
  • Parents of the decedent

Sometimes other relatives who depend on the decedent for financial support may be entitled to recover as well. Consult with an attorney to determine if you are eligible to bring a wrongful death claim under Florida law.

Common Causes of Wrongful Death

Smith, Ball & Báez has represented clients in a variety of wrongful death cases. Wrongful death claims can be filed when a person or company’s negligence or wrongful acts lead to the death of another.

While there are a variety of case types, they generally fall into one of several categories. First and foremost, different types of vehicle accidents often result in immediate death or catastrophic injuries where the victims succumb to their injuries following the crash. Automobile, truck, motorcycle, and bicycle accidents top this list. While the driver of the vehicle is often at fault for the wrongful death, the owner of the vehicle, the manufacturer, or the trucking company may be responsible as well. Our team at Smith, Ball & Báez fully investigates these claims to identify all responsible parties and potential causes of action.

Medical malpractice and nursing home negligence are other tragic causes of wrongful deaths in Florida. These include birth injuries that result in the death of the child, failure to diagnose serious health problems that result in death, nursing home neglect, as well as surgical or medication errors.

Premises accidents can also result in wrongful death claims. Property owners who fail to remove dangerous hazards put people at risk. Finally, the manufacturers of defective products can often be held liable if their products cause the death of consumers.

These are just some of the common categories. If your loved one is a victim of wrongful death, you can file a claim in many instances, even if the suit doesn’t fit into one of the common categories.

How to Prove Negligence in a Wrongful Death Claim

You have to prove negligence when filing a wrongful death claim. This is similar to the process of proving liability in other personal injury cases. The person you are filing a claim against must have owed your loved one a duty of care. By breaching the duty of care, the defendant caused your loved one’s death. You also must prove that you suffered damages due to the death. The damages can be economic, such as medical or funeral expenses, and non-economic, including pain and suffering and emotional trauma. Your attorney will help you determine if your case meets the criteria for a wrongful death claim.

Damages & Wrongful Death Claims

You can recover economic and non-economic damages with a wrongful death claim. The economic damages include medical bills, funeral expenses, lost wages, and the loss of the decedent’s support and services. The estate might also be eligible to recover lost earnings or the prospective net accumulations of the estate. Loss of companionship and guidance and pain and suffering are also recoverable in many instances. Talk to a Florida wrongful death attorney to learn more about the potential damages you can receive for the wrongful death of a loved one.

Statute of Limitations

There is a limited time period, or statute of limitation, to file a wrongful death claim in Florida. You have two years to file a wrongful death claim in the state of Florida. If you wait longer than two years, your claim will be dismissed because the statute of limitations will have expired.

One of the first things you should do if you think you have a wrongful death claim is consult an attorney. An attorney can investigate the case, gather crucial evidence, hire expert witnesses, identify all responsible parties, and timely file your claim. They will also represent you in negotiations and litigation if necessary.

Learn more about your options for a claim by calling our Florida wrongful death attorneys at (561) 500-HELP today.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    Highly Recommend

    “Always available, any emails that were sent were promptly answered, we never felt that we were a burden to them. Would highly recommend this firm to anyone seeking a positive outcome.”

    - Tony B.
    Vicki handled my case flawlessly.

    “Vicki handled my case flawlessly. Took care of all negotiations and made the process very easy for me, and ensured I received the most compensation possible.”

    - Cody K.
    HIGHLY recommend Marci Ball and her staff.

    “I HIGHLY recommend Marci Ball and her staff. What a great team. I never felt like I was just a client.”

    - Courtney H.
    I will always call on Smith, Ball, & Baez, honest, fair, and family.

    “Called looking for a lawyer and was treated more like family. The first person that actually cared about my case other than myself. Marci Ball Elordi exceeded all my expectations, got me back everything I was owed, and more.”

    - Jeff B.
    Always available and kept my best interest at all times.

    “Marci Ball represented me when I got into a car accident. From the moment I entered her office, she treated me like family.”

    - Hector M.
    Amazing firm.

    “Amazing firm. Marci Ball & her team handled my case. They made sure everything was taken care of.”

    - Jose C.
    Eternally grateful.

    “I really appreciate everything that Scott Smith and his law firm have done for me. They fought for me and litigated my case extensively.”

    - Rachel D.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
    If I could give them ten stars I would!!

    “The Law Offices of Smith & Ball were awesome from start to finish. They walked me through what was going to happen step by step. Communicated well all the time.”

    - Ryan S.
    These kind folks are highly recommended.

    “Scott Smith was very responsive to my case and kept me well informed about the progress that was being made on my behalf.”

    - Neal H.

Get a Free Consultation

From Our Award-Winning Attorneys We're Ready to Fight for the Justice You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.