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Wrongful Death

Holding Negligent Parties Accountable: Wrongful Death Attorneys in Brevard County

wrongful death

At High Stack Law, we understand how devastating it can be to lose a loved one due to another person’s negligence. The sudden loss leaves a profound void that is filled not only with grief, but also with financial pressures, legal questions and the need for accountability. While no legal action can fully compensate for the loss, pursuing a wrongful death claim is an important step towards seeking justice, achieving closure and securing financial stability for your family in the long term.

In the aftermath of a tragic event, families often face challenges from insurance companies and other parties seeking to reduce their liability. This can happen even before the funeral takes place. Having a compassionate and dedicated legal representative is essential to help level the playing field and protect the future of your family. Our Brevard County wrongful death lawyers are committed to helping you through this difficult process with sensitivity, clarity, and determination.

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What Constitutes Wrongful Death in Florida?

IUnder Florida law, a wrongful death is defined as the death of a person caused by the wrongful act, negligence, default, or breach of contract or warranty by another individual or entity. This legal framework requires proving that the death occurred as a direct result of the other party’s failure to meet a reasonable standard of care and that family members of the deceased have suffered damages as a result. This can include situations such as:

  • Car, Truck, and Motorcycle Accidents: Fatalities caused by reckless, distracted, or drunk driving, as well as commercial trucking negligence.
  • Medical Malpractice: Death resulting from a healthcare provider’s diagnostic error, surgical mistake, medication error, or neglect.
  • Defective Products: Fatal injuries caused by dangerous pharmaceuticals, faulty vehicle parts, defective medical devices, or unsafe consumer goods.
  • Workplace Accidents: Fatalities in construction, manufacturing, maritime, and other industries due to unsafe working conditions or employer violations of OSHA standards.
  • Premises Liability: Deaths occurring from unsafe property conditions, such as negligent security leading to violent crime, swimming pool drownings, or preventable slip and fall incidents.
  • Criminal Acts: Including fatal assaults, battery, or other violent crimes where civil liability can be pursued independently of any criminal case.

A crucial aspect of these cases is the preservation of evidence immediately after an incident. Skid marks can fade, memories can become less precise, and crucial documentation can be lost. Our team acts swiftly to investigate the incident, secure evidence, and consult with experts such as accident reconstructionists, medical professionals, and economists in order to build the strongest possible case on your behalf.

  • 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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Who Can File a Wrongful Death Claim?

Florida’s Wrongful Death Act (Chapter 768) sets out specific rules for who can bring a lawsuit. The law requires that the lawsuit be filed by the personal representative (executor) of the deceased’s estate. This representative is often named in the will or appointed by a court. However, the lawsuit is brought on behalf of the surviving family members of the deceased, who are rightful beneficiaries of any compensation. However, the claim is made on behalf of the deceased’s surviving family members, including:

  • The Surviving Spouse: Has the primary right to recover damages for loss of companionship, protection, and emotional support.
  • Minor Children (Under 25): Are entitled to compensation for the loss of parental companionship, instruction, guidance, and for their pain and suffering.
  • Adult Children: May recover for the loss of parental companionship and for mental pain and suffering, particularly if they had a close relationship with the deceased parent.
  • Parents of a Minor Child: Can recover for both economic losses and for their profound mental pain and suffering.
  • Parents of an Adult Child: May recover damages if they can demonstrate they were financially dependent on the deceased.
  • Other Blood Relatives and Adoptive Siblings: Who were partially or wholly dependent on the deceased for support or services may also have a claim.

Navigating these familial relationships and dependencies requires careful legal consideration. Our attorneys will help to identify all eligible individuals and ensure that the claim adequately addresses the losses experienced by each family member.

Compensation in Wrongful Death Cases

The purpose of a wrongful death claim is to recover compensation that, to the best of our ability, helps the family recover from the loss they have suffered. Florida law permits survivors to seek payment for both tangible financial losses and intangible non-financial damages, which can include:

  • Medical and Surgical Expenses: All reasonable costs related to the final injury or illness preceding death.
  • Funeral and Burial Costs: Necessary and reasonable expenses for laying your loved one to rest with dignity.
  • Lost Earnings and Benefits: The value of the income, benefits, and future earning capacity the deceased would have provided from the date of injury through their expected working lifetime.
  • Loss of Support and Services: This covers the financial value of support, as well as the value of services the deceased provided, such as childcare, home maintenance, and household management.
  • Pain and Suffering of the Survivors: Compensation for the mental anguish, emotional distress, and loss of enjoyment of life experienced by each eligible survivor.
  • Loss of Companionship, Protection, and Guidance: Damages for the destruction of the familial relationship—the loss of a parent’s guidance for a child or the loss of a spouse’s companionship and consortium.
  • Parental Pain and Suffering: For the death of a minor child, parents can recover for their extreme mental pain and suffering.

Calculating these damages, especially future lost earnings and the value of intangible losses, requires the use of forensic economists, professional experts, and detailed life planning. We work with leading experts to ensure that no aspect of your family’s loss is overlooked or underestimated by insurance adjusters.

Statute of Limitations in Florida

In Florida, there is a strict two-year statute of limitations for filing a wrongful death lawsuit. If this deadline is missed, your family will likely be barred from pursuing justice through the civil court system, regardless of the strength of your case. Additionally, Florida’s comparative negligence rule may impact your recovery if the deceased was partially at fault. The state also has specific rules regarding damages in cases where the deceased was not the primary income earner. It is crucial to consult with our attorneys early to navigate these legal complexities and deadlines effectively.

  • 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 High Stack Law?

At High Stack Law, our compassionate and experienced attorneys have a deep understanding of Florida’s wrongful death laws. We are committed to providing personalized, attentive service to each of our clients. Our goal is to alleviate the legal burden during this difficult time, allowing you to focus on healing while we fight for the justice and compensation you deserve.

Take Action to Protect Your Rights

If you have lost a loved one due to the negligence or wrongful act of another person in Brevard County, whether it happened in Melbourne, Palm Bay, Titusville, or any other place on the Space Coast, you don’t have to go through this difficult process alone. The journey to finding justice begins with a conversation.

Contact High Stack Law for a confidential and non-obligatory consultation. We will listen to your story with empathy and clearly explain your legal rights and options. We can help you by taking on the legal burden, fighting insurance companies and pursuing maximum accountability. This will allow you to focus on your family and begin the healing process. We are here to support you every step of the way.

Common Wrongful Death FAQ

What constitutes a wrongful death claim in Florida?

A wrongful death claim arises when someone’s death is caused by the wrongful act, negligence, default, or breach of contract of another person or entity. This means proving the death resulted directly from another party’s failure to exercise reasonable care, and that surviving family members have suffered measurable damages as a result.

Who is eligible to file a wrongful death lawsuit in Florida?

The personal representative of the deceased’s estate must file the lawsuit, but it is brought on behalf of specific surviving family members. Eligible beneficiaries include the surviving spouse, minor children (and sometimes adult children), parents of a deceased minor, and, in certain cases, dependent blood relatives or adoptive siblings.

What types of compensation are available in a wrongful death case?

Families may seek both economic and non-economic damages, including medical and funeral expenses, lost future earnings and benefits, loss of support and services, and compensation for the survivors’ pain and suffering, loss of companionship, and mental anguish. The specific damages depend on the relationship to the deceased and the circumstances of the loss.

How long do I have to file a wrongful death lawsuit in Florida?

Florida has a strict statute of limitations of two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically results in the permanent loss of the right to seek compensation through the civil court system.

What are common causes of wrongful death cases in Brevard County?

Common causes include fatal car, truck, and motorcycle accidents; medical malpractice; defective products; workplace accidents in construction or maritime industries; premises liability incidents like drownings or negligent security; and criminal acts such as fatal assaults.

 Why is immediate legal action important after a wrongful death?

Critical evidence—like accident scene data, witness memories, surveillance footage, and vehicle electronic records—can be lost or destroyed quickly. An attorney can act immediately to preserve evidence, conduct a thorough investigation, and consult with necessary experts to build a strong case before the two-year deadline expires.

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