Hurt in a Car Accident or
Motorcycle Crash? Lost a Loved
One in a Wrongful Death?
Marion County Wrongful Death Lawyer
Representing Families in Ocala, FL Wrongful Death Claims
It’s hard for many to understand the tragedy of losing a loved one due to someone else’s negligence. However, there is a serious piece of business that must bring a wrongful death to your attention.
The insurance companies know and understand that hard fact. The insurance industry profits from selling accidental death policies, as many claims go unclaimed or are settled for much less than their true value.
Let Whittel & Melton attorneys in Marion County handle your family’s wrongful death claim with care. Don’t let your family’s tragedy become just another figure on an insurance company’s profit and loss statement.
It isn’t easy to guess what the value of a person is. A Marion County, Florida wrongful death lawyer can help navigate Florida’s laws to determine a claim’s value.
It’s not just the loss of income or savings/retirement, nor is it the pain and suffering endured by the loss. When a spouse, parent, sibling, or child is lost, the family is left with much more. The loss of companionship, economic contribution, or emotional support can be devastating to most family structures after a wrongful death.
Let us help you bring a wrongful death claim to seek justice and support during this difficult time.
How Can a Marion County Negligent Death Lawyer Help You?
Our law firm is committed to gathering the following for families grieving a loss:
- Medical bills
- Funeral costs and fees
- Lost of support by earning capacity
- Mental Pain, Suffering and Anguish
- Personal Injuries sustained prior to death
- Loss of comfort, companionship, support and guidance
Ocala Wrongful Death FAQs
Can I File an Ocala Wrongful Death Claim?
Wrongful death cases can be rather complex as they involve legal elements of both a standard personal injury claim and limitations and requirements set forth by the state of Florida. This is the reason why just an attorney should not handle these cases; rather, a lawyer or a group of lawyers with sufficient experience should handle these types of cases.
If someone else’s wrongful actions or negligence caused an accident that resulted in the loss of a loved one, you may be able to file a wrongful death lawsuit against the responsible party. Our Ocala Wrongful Death Lawyers at Whittel & Melton can help you determine if you can bring a wrongful death claim in Ocala or elsewhere in Marion County.
What Types of Cases Do Our Ocala Wrongful Death Lawyers Handle?
Our Ocala Wrongful Death Lawyers at Whittel & Melton have handled numerous types of wrongful death claims involving negligence and willful misconduct as well as dangerous premises and defective products. Some common accidents that can bring about wrongful death actions include:
- Car accidents, truck accidents, motorcycle accidents, golf cart accidents and all other motor vehicle collisions
- Dangerous conditions in nursing homes as well as negligence and abuse
- Construction incidents and work-related accidents
- Deaths resulting from dangerous products or drugs
- Slip and falls or trip and falls that occur on dangerous properties
- Birth injuries and other forms of medical malpractice
- Airline accidents
- Pedestrian accidents
- Negligent Security
Do I Need a Lawyer at Whittel & Melton to Help Me Prove Negligence?
In Ocala or elsewhere, you must demonstrate specific elements of proof to the court before it can award compensation in a wrongful death lawsuit. Someone else must prove that they caused your loved one’s death through carelessness or wrongful behavior. Proving this is not always as simple and straightforward as it may sound, so a wrongful death attorney is vital to the success of your case. We welcome you to contact us today to learn more in a free consultation about how we may be able to help with your wrongful death matter.
Is there a Deadline for Filing a Claim?
Yes, there is a statute of limitations placed on how long you have to file a wrongful death claim in the state of Florida. This time constraint is generally within two years from the date of the death in most cases, but there can be exceptions to this rule.
How Can I Calculate Its Worth?
Calculating what your wrongful death suit is worth is not a simple task. Every case has its own unique elements, which usually requires expert financial professionals and economists to evaluate the full value of the specific claim. There are many factors that go into assessing the full value of a wrongful death claim, including:
- The age of the person
- Their earning capacity
- The state of their health
- Their income at the time of their death
- The ages of any dependants
- Medical bills incurred
- The deceased’s level of education and/or training
- Funeral costs
- The value of lost benefits like health insurance, life insurance, pension, etc.
- The facts of the actual case – for instance, is liability shared or is It 100%; is causation shared, or is it 100%
The full scope of damages must be supported by evidence and from there an amount can be determined. Our Ocala Wrongful Death Lawyers at Whittel & Melton can help you understand what your case is worth and consult with the proper professionals to assess the full amount of damages you are entitled to recover.
How are Ocala Wrongful Death Damages Paid Out?
When you are awarded compensation for a wrongful death claim, whether through a settlement or a court award, these are paid out by the insurance providers who provide liability coverage for the person or entity that is being blamed for the death. These insurance policies usually have a limit, so if the person responsible for the death does not have adequate coverage, then they can be personally responsible for the financial award or settlement and possibly all the accrued legal fees.
Are My Ocala Wrongful Death Damages Taxable?
The Internal Revenue Service (IRS) states that the majority of wrongful death payments are not taxable, as long as they are compensatory damages – meaning that the money awarded is for pain and suffering. If you are awarded any punitive damages (damages that are intended to punish the at-fault party for their negligent conduct) then the IRS may tax these damages. Additionally, if confidentiality is a part of the settlement, jurists have argued the value of the confidentiality may be taxable.
This is another important reason why you should have our Ocala Wrongful Death Attorneys at Whittel & Melton help you with your wrongful death matter. We can review any tax repercussions and bring in tax consultants to help advise you to better appreciate if proceeds from a settlement or award is taxable. The short in answer is there is no hard and fast rule. Each case should be evaluated.
Can an Ocala Wrongful Death Lawyer at Whittel & Melton Help Me if I Live Outside of Marion County?
Yes, we can. We handle wrongful death matters throughout the state of Florida, so if you need our assistance anywhere in Florida we can help you. We have consultation locations throughout the state, and would of course be happy to meet in your home.
What Do Your Ocala Wrongful Death Lawyers at Whittel & Melton Charge to Take My Wrongful Death Case?
We take all of our injury and wrongful death cases on a contingency fee basis, so there is no fee to meet with us to discuss your case. If we decide to work together on your wrongful death matter, then you will have no up front expenses and will never owe us anything unless we recover financial compensation for you. We believe in full transparency, so all fees will be discussed before you choose to hire us so that you fully understand the potential fees involved.
How Can an Ocala Wrongful Death Lawyer at Whittel & Melton Help Me?
We will thoroughly review your case and help you understand all the types of damages to which you are entitled. We’re here to guide you through the legal recovery process and ensure you don’t feel pressured into accepting a low settlement offer from the insurance company.
While we cannot guarantee a specific result, we can significantly improve your chances of recovering financial damages for your loss. We are confident we can help you bring your wrongful death matter and urge you to contact us right away to learn more about your rights.
Call now for a free consultation 352-369-5334.