Hurt in a Car Accident or
Motorcycle Crash? Lost a Loved
One in a Wrongful Death?
Wrongful Death Lawyer
The Law Offices of Whittel & Melton stand ready to defend your family during difficult times. Our staff and lawyers are ready to help you recover financially when someone’s negligence has led to the loss of a loved one.
We are committed to delivering the legal representation you deserve, whether an individual or a company is at fault.
Understanding Wrongful Death Cases
The actions of a person, people, or company are considered negligent and cause an injury that leads to a preventable death, for which they are legally responsible.
In Florida, this type of lawsuit can be based on simple negligence like a car accident or pedestrian accident, or something more complicated, like nursing home abuse or medical error and malpractice.
What Type of Case is a Wrongful Death?
The easiest way to describe a Wrongful Death lawsuit is that it is just like any other civil lawsuit with one unique fact: the actions of the defendant caused a death.
These cases can result from car accidents, automobile accidents, pedestrian incidents with motor vehicles, slip and fall, plane or aviation crash, nursing home abuse, cruise ship passenger injury or medical malpractice, just to name a few.
Who Can File a Wrongful Death Lawsuit or Claim?
Under Florida Law, the personal representative of an estate, usually named in a will or determined by a court, or the heirs of the deceased could file a wrongful death lawsuit in Florida State court for money damages.
Typically the Personal Representative of an Estate in Florida is the surviving spouse, a surviving parent, a surviving adult child who is most involved or even geographically closest, or some kind of other relative or court appointed responsible party.
In some cases, a special lawsuit, such as a wrongful death case, may require hiring a professional personal representative or an attorney.
How Do I Choose a Wrongful Death Attorney?
When choosing an attorney to handle the likely final legal matters of your deceased family member, consider several factors. Here is a short list of 5 things to look for:
- Background and Skill: A good Florida Wrongful Death Attorney should be a strong investigator, litigator, and trial lawyer with diverse life and career experiences. Our team at Whittel & Melton includes former prosecutors, public defenders, corporate lawyers, and more, ensuring effective handling of your case.
- Education: When choosing a Florida Wrongful Death Attorney, consider their educational background. The quality of the institutions they attended can give insight into the quality of work you can expect on your claim.
- Firm Size: Consider the law firm’s size to ensure they can handle your case effectively and compete with the insurance company. The biggest firm isn’t always the best, but a firm that’s too small could impact your case.
- Experience: To handle a Florida Wrongful Death legal matter, it’s important to consult with an experienced Florida Wrongful Death Attorney for review and advice.
- Results: When choosing a Florida wrongful death attorney, ask about their past results, settlement amounts, and experience handling wrongful death cases.
How Much Does Representation Cost?
Upon contacting the Law Offices of Whittel & Melton, the attorneys will immediately review your case.
If representation is agreed upon, the firm will represent you on what a contingency basis. You and your family won’t need to provide any upfront financial resources for this claim.
If the claim is successful, our costs and fees are taken from the resulting settlement, verdict or court award.
How Much is My Wrongful Death Case Worth?
One of the hardest jobs for a Florida Wrongful Death Attorney is determining the value of a claim. The attorneys at Whittel & Melton will use their experience from previous claims to determine a reasonable settlement and the amount to request from a jury for your case.
We promise to counter any low initial offers from insurance companies with real-world advice.
Who Gets the Money in a Wrongful Death Lawsuit in Florida?
It depends. In Florida, wrongful death lawsuits are initiated by the estate. The Estate decides where to allocate any proceeds collected or held by the Estate.
So, for the same reasons that beneficiaries, survivors, children, wives, girlfriends, etc., fight over the proceeds of an Estate, it’s impossible to give an answer to this very common question.
The Florida Wrongful Death Statute identifies specific beneficiaries, such as parents, children, spouses, and siblings. However, the Personal Representative and the Probate or Estate Attorney must consider unique facts and circumstances when allocating and distributing the estate’s assets.
What Do I Do Next?
If you believe negligence caused a family member’s premature death, contact the Law Office of Whittel & Melton immediately at 866-608-5529 or through our website. We have local numbers throughout Florida.
We serve our clients and their families throughout the State of Florida and spend most of our time in the following Florida Communities:
Hernando County Wrongful Death Lawyers – Brooksville, Spring Hill Accidental Death Attorneys 352-666-2121
Marion County Wrongful Death Lawyers – Ocala, The Villages Accidental Death Attorneys 352-369-5334
Alachua County Wrongful Death Lawyers – Gainesville Accidental Death Attorneys 352-264-7800
Hillsborough County Wrongful Death Lawyers – Tampa Accidental Death Attorneys 813-221-3200
Pasco County Wrongful Death Lawyers – New Port Richey, Dade City Accidental Death Attorneys 727-847-2299
Sumter County Wrongful Death Lawyers – Bushnell, The Villages Accidental Death Attorneys 352-793-9330
Citrus County Wrongful Death Lawyers – Inverness, Crystal River Accidental Death Attorneys 352-726-0078
Pinellas County Wrongful Death Lawyers – St. Petersburg, Clearwater Accidental Death Attorneys 727-847-2299
Levy County Wrongful Death Lawyers – Bronson, Cedar Key Accidental Death Attorneys 352-726-0078
Lake County Wrongful Death Lawyers – Tavares, Clermont Accidental Death Attorneys 352-793-9330
Palm Beach County Wrongful Death Lawyers – West Palm Beach, Boca Raton Accidental Death Attorneys 561-367-8777
Broward County Wrongful Death Lawyers – Fort Lauderdale 561-367-8777
Miami-Dade County Wrongful Death Lawyers – Miami, Coral Gables 866-608-5529
Our team is ready to assist you in English or Spanish. Nuestro equipo está listo para ayudarle en inglés o español.