Losing a loved one is one of the most painful experiences in life, especially when that loved one dies as the result of someone else’s negligence or wrongdoing. In Florida, families can pursue a wrongful death claim to seek justice. And Kevin L. Sullivan II is here to walk you through this complicated legal process with compassion and professionalism. You are in the right place if you need a wrongful death attorney.
Under Florida Statutes 768.19, a wrongful death is caused by the negligence, default, breach of contract, or wrongful act of another, whether that death is caused by an accident, sale of a defective product, or even a resident shot in the middle of a violent crime, and whose life and everything additional came to be caused by the death is counted as resulting from wrongful death. This can be anything from accidents and faulty products to death.
A wrongful death attorney is going to try to help the survivors be compensated with a lawsuit — would that be damages for the expenses the estate was put to as a result of the financial losses sustained, or would that be damages to compensate the survivors for the actual losses that they sustained. So what is this process, and how can a wrongful death attorney help with a case like this?
The process of a wrongful death claim is overwhelming while you are grieving. Legal technicalities, deadlines, and dealing with insurance companies take expertise, strategy, and time. Here’s how Kevin can help make all the difference:
Here are the Florida wrongful death statutes. Kevin has extensive experience with these cases and knows Florida law inside and out. You will not have to worry about any aspect of your case, from filing the paperwork to building the perfect case.
Wrongful death claims involve both tangible and intangible losses, making it difficult to determine the settlement amount. These can be things like medical expenses, lost income, emotional suffering, and others. Kevin will leave no stone unturned in the pursuit of justice.
Most wrongful death cases are settled out of court. But if something reasonable can’t be reached, Kevin is ready to take on that justice in court. He is committed to obtaining the best possible compensation for you, leaving no stone unturned in his search to make sure your family receives what it deserves!
When pursuing a wrongful death lawsuit, the compensation awarded typically falls into two categories: damages for the deceased’s estate and damages for surviving family members.
These are costs and losses tied directly to the deceased, such as:
– Funeral and burial expenses.
– Medical bills incurred before death.
– Lost wages and benefits.
– Future income the deceased would have earned.
These address the emotional and practical impact of the loss, including:
– Loss of companionship, guidance, and protection.
– Emotional pain and suffering.
– Loss of financial support.
– Reimbursement for funeral or medical expenses paid by family members.
Punitive damages may be awarded only in cases of gross negligence and intentional misconduct to punish the individual tortfeasor and to prevent others from similar misconduct.
Kevin L. Sullivan II will fight tooth and nail to demand the absolute highest level of compensation possible for you and your family!
Florida law dictates that only the deceased person’s estate’s personal representative may file a wrongful death suit. This is someone who will perform actions on behalf of the estate in addition to the decedent’s surviving family members.
Typically, a personal representative is appointed in the deceased’s will. If you fail to appoint a representative, one will be appointed by the court. Surviving relatives who might qualify for compensation include:
– Spouses
– Children
– Parents
– Financially dependent relatives
Common Causes of Wrongful Death in Florida
Examples of wrongful death incidents include:
– Truck Accidents: You can be involved in a truck accident that can lead to devastating injury in a semi-truck crash.
– Medical Malpractice: Like any profession, healthcare providers make mistakes, and those mistakes can prove deadly.
– Defective Products: Toys and other consumer products should be safe.
– Occupational Injuries: You could be dealing with a negligent employer.
– Violent Crimes: In addition to criminal charges, families can file civil claims.
However it might have occurred, Kevin L. Sullivan II is prepared to address your claim with care and confidence.
Florida follows a doctrine called “comparative negligence,” which means if the decedent was found to bear partial fault in causing the accident, then the amount of compensation would be reduced. For example:
If the decedent is found to be 20% at fault, that reduces the family’s compensation by 20%.
Kevin will evaluate these facts to reduce these claims and in turn, maximize your family’s recovery.
Wrongful death claims must be filed within two years in the state of Florida. Failing to meet this deadline can prevent your family from pursuing justice. The exception is in circumstances like concealed homicides or criminal investigations, for example. It is essential that you contact a wrongful death attorney as soon as possible to ensure that your rights are protected.
Wrongful death claims usually go through the following steps:
– Investigation: Collecting evidence, interviewing witnesses, and consulting experts.
– Filing the Claim: This is where you submit all the necessary documents to the appropriate court.
– Negotiation: Working with insurance providers to reach a fair settlement.
– Litigation: When necessary, take your matter to court.
Kevin will take care of each detail so you can focus on healing and remembering your loved one.
The timeline varies depending on whether the case is resolved through negotiation or trial. Settlements may take several months, while litigation can extend to a year or more. While a quicker resolution may be appealing, settling too early can leave your family without adequate support. Kevin will guide you toward the best outcome, balancing speed with fairness.
Kevin L. Sullivan II joined the family business and brings a special combination of legal knowledge and true decorum to all he does in each case. Rooted in Tampa, Kevin is dedicated to helping his home community fight for the justice and care they deserve. He, an experienced attorney with an esteemed track record of involvement in nigh 1,000 personal injury and wrongful death cases, has built a reputation for diligence and success.
Here is what you can expect when working with Kevin:
– Looking for personalized attention to your case?
– Communication was clear and transparent every step of the way.
– An unyielding advocate in negotiations and court.
Call us at (813) 598-4868 for a free consultation today!
