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High Stack – Brevard County’s Trusted Serious Injury & Wrongful Death Attorneys

Seeking Justice in Brevard County: A Guide to Serious Injury and Wrongful Death Claims

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The Space Coast is renowned for its stunning launches, pristine beaches, and tight-knit communities. However, for residents and visitors of Brevard County, a moment of carelessness can turn this idyllic place into one of great tragedy. Serious injuries and fatal accidents caused by negligence bring more than physical pain; they cause emotional distress, financial instability, and a sense of injustice that is overwhelming. When such tragic events occur due to someone else’s careless or reckless actions, Florida law offers a way to seek accountability and compensation. Understanding the local laws, strategically approaching litigation, and working with an experienced advocate in Brevard County are essential for navigating this complex legal process.

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Understanding Serious Injury & Wrongful Death Claims in Florida

In legal terms, serious injuries or wrongful deaths are covered by personal injury laws, more specifically, tort law. These cases arise when an individual experiences harm due to another party’s failure to fulfill their duty of care. In Brevard County, these cases are often related to common and potentially dangerous conditions, such as congested traffic on major roads like I-95 and US-1, commercial trucking along causeways, recreational boating in the Indian River Lagoon and the Intracoastal Waterway, hazards at pools and beaches, and at commercial properties.

A wrongful death claim is brought by the family members or estate of a deceased individual, alleging that their death was caused by another’s negligence, breach of duty, or wrongful action. The Florida Wrongful Death Act (FL Stat § 768.16-26) governs such claims, outlining who may sue and what compensation is available.

A serious personal injury claim is made by the injured person for catastrophic damage that results in permanent or significant physical disability, disfigurement or disability. These cases are different from minor injury cases because of the profound and long-lasting impact on the victim’s life.

  • Mr. Kirby is absolutely amazing and professional! This lawyer really “get’s it”. He is down to earth, patriotic, fair, and intensely thorough. As a retired army guy who understand what right looks like, I highly recommend the High Stakes Law Firm to anyone who wants to get the job done right, the first time.

    David

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Common Types of Serious & Fatal Accidents in Brevard County

Our county’s unique geography and industries contribute to certain accident patterns. High Stack Law Firm investigates a variety of incidents, including:

  • Automotive and Commercial Vehicle Accidents: High-speed collisions on Interstate 95, multiple-vehicle crashes along the Beachline, and accidents involving semis or delivery trucks.
  • Pedestrian and Bicycle Accidents: Often occurring in tourist areas like Cocoa Beach and downtown Melbourne, where drivers can be distracted.
  • Trucking and Logistics Accidents: Given Brevard’s role as a transportation hub, violations of federal safety regulations often lead to devastating crashes.
  • Boating and Personal Watercraft Accidents: Collisions, drownings, and propeller injuries on our busy waterways.
  • Premises Liability Incidents: This includes drownings or slip-and-falls in pools, electrocutions due to faulty wiring, burns from unsafe equipment, and injuries caused by poorly maintained property.
  • Product Liability Cases: Defective automotive parts, malfunctioning household products, and unsafe children’s toys causing serious injury or death.
  • Railway and Crossing Accidents: Incidents involving Brightline trains or freight trains at many crossings throughout the county.

Critical Deadlines: Florida’s Statutes of Limitations

Time is of the essence when it comes to filing legal documents in Florida. The state’s laws impose strict deadlines, known as statutes of limitations, for various types of lawsuits. For personal injury cases, you typically have two years from the date of the incident to file a lawsuit. This is stated in Florida Statute § 95.11(3)(a). Similarly, if someone has died due to another person’s actions or negligence, a wrongful death lawsuit must be filed within two years of the death, as per Florida Statute § 95.11(4)(d).

These deadlines are absolute, with very few exceptions. Missing this deadline almost certainly bars you from seeking justice in court. In cases against government entities, such as a claim involving a road hazard in Brevard County or a malfunctioning traffic signal controlled by the city, you may need to file an initial notice of claim within 180 days or less. Immediate consultation with an attorney is crucial to protecting your rights.

Damages Available in Serious Injury & Wrongful Death Cases

The compensation, or “damages,” sought in these cases is intended to restore the victim and their family to their pre-injury state, to the extent that money can do so. Recoverable damages may include:

For serious injury:

  • Economic damages: past and future medical expenses, rehabilitation costs, lost wages, loss of future earning capacity, and other out-of-pocket expenses
  • Non-economic damages: compensation for pain and suffering, mental anguish, loss of enjoyment of life, disability, disfigurement, and loss of companionship for a spouse

For Wrongful Death (according to Florida Statutes):

  • Damages for the Estate: Medical and funeral expenses, as well as lost earnings from the day of injury until the date of death.
  • Damages for Survivors: The surviving spouse, children, and parents may be compensated for mental anguish, loss of companionship, guidance, protection, financial support, and other services provided by the deceased.

High Stack Law Firm has a track record of delivering multi-million dollar results, including the recovery of $9 million for a client who had suffered double leg amputations. This demonstrates the firm’s commitment to fully understanding and valuing the devastating losses our clients have experienced, and fighting for compensation that truly reflects their long-term needs.

  • David Gordon and his team worked consecutively for over two years to ensure that my case was settled fairly. I am very grateful for their hard work and the outcome. Thank you David Gordon, and team! Hopefully I will not need representation ever again, but if I do, I will be calling you!!!

    Linsey

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Why Choose a Brevard County Serious Injury & Wrongful Death Lawyer?

While any licensed attorney can file a case, the complexity of these claims demands specialized expertise.

  • Knowledge of Local Laws & Procedures: An attorney familiar with the courtrooms, judges, and local regulations in Brevard County can navigate the legal system more effectively.
  • Investigation Resources: Proving negligence requires immediate evidence collection – accident reconstruction, expert witness testimony (medical professionals, engineers, economists), and an investigation into corporate behavior or government oversight.
  • Insurance Company Experience: Insurers have teams dedicated to minimizing payouts. Experienced litigators know how to counter these tactics and negotiate from a strong position.
  • Trial Preparedness: The best settlement leverage for a law firm is its proven willingness and ability to take a case to trial and win, which High Stack has demonstrated for decades.

Take Action to Protect Your Rights

If you or a loved one has experienced serious injury or lost a loved one due to negligence by another party in Brevard County, don’t face these challenges alone. The journey to recovery, physically and financially, may be challenging, but justice and security are within reach. Protecting your legal rights is a crucial first step toward securing the resources needed for medical care, financial stability, and ultimately a dignified future.

At High Stack Law Firm, we recognize that your case is more than just a file – it’s your life, your family, and your future. We are dedicated to providing skilled, compassionate, and unwavering representation that residents of Brevard County deserve during their most challenging times.

Common Serious Injury & Death FAQ

What is the difference between a serious injury claim and a wrongful death claim in Florida?

A serious injury claim is filed by the injured person to seek compensation for catastrophic, life-altering harms like permanent disability or disfigurement. A wrongful death claim is brought by surviving family members or the estate when negligence causes someone’s death, governed by Florida’s Wrongful Death Act. Both require proving another party’s breach of duty led to the harm.

 What are the most common causes of serious injury and wrongful death in Brevard County?

Common incidents include high-speed automotive and commercial truck accidents on roads like I-95 and SR 528, pedestrian and bicycle crashes in tourist areas, boating accidents on local waterways, premises liability cases like drownings or electrocutions, defective product injuries, and railroad crossing accidents involving Brightline or freight trains.

How long do I have to file a lawsuit for a serious injury or wrongful death in Florida?

For most personal injury cases, you have two years from the date of the accident. For wrongful death, you generally have two years from the date of death. These deadlines are strict, and missing them can permanently bar your claim. If a government entity is involved, you may need to file a notice of claim within 180 days.

What kind of compensation can be recovered in these cases?

For serious injuries, you can seek economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). In wrongful death claims, the estate can recover medical and funeral expenses, while survivors may seek compensation for mental anguish, lost companionship, and financial support.

Why is it important to hire a local Brevard County attorney for these cases?

A local attorney understands Brevard County’s specific court procedures, judges, and common accident patterns. They can immediately investigate and preserve evidence, work with local experts, and effectively counter insurance tactics. Their familiarity with the community and legal landscape provides a strategic advantage in building a strong case.

What should I do immediately after a serious accident or wrongful death?

First, seek necessary medical attention. Then, contact an experienced serious injury attorney as soon as possible. Critical evidence—like surveillance footage, witness statements, or accident scene details—can be lost quickly. An attorney can secure this evidence, advise you on dealing with insurance companies, and ensure all legal deadlines are met.

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