Losing a loved one in a preventable accident can be one of the hardest things anyone has to deal with. The loss itself is bad enough, but knowing that someone or something contributed to this makes the situation so much more difficult.
There is nothing that can come close to fully compensating you for this unthinkable issue, but you can work to resolve financial concerns by filing suit against those responsible. This can be difficult when dealing with the emotional and psychological effects of losing a loved one. Because of this, it is important to align yourself with legal counsel that can help you through this stressful process.
With the help of a qualified and experienced personal injury attorney in Florida, you can focus on getting your life back together while your representation produces a legal strategy that identifies the offending party and proves negligence.
A wrongful death case is much more than regular personal injury claims. The permanence and finality of death create much higher stakes in the legal realm. Loss of life nullifies all the benefits that individual may have brought to his or her family, work, community, and country. All of these must be compensated for, and our firm The Law Offices of James B. Coulter is here to help.
Our legal team is lead by an experienced attorney who is more than willing to stand up to those responsible. We are not intimidated by the selfish interests or vast legal resources of defendants, corporation or insurance companies. We simply do our job, identify the relevant details of the case and prove that it was the defendant's actions that lead to the wrongful death claim.
As a comprehensive legal practice, The Law Offices of James B. Coulter handles every element of your case, from gathering evidence and analyzing police and medical reports, to the evaluation of the costs involved and courtroom arguments. As a trial lawyer, I am confident in our ability to reach a favorable resolution and will even base our legal fees on performance as opposed to hours worked. This alignment of common interests will make certain that we do everything in our power to help you through some of the hardest moments in your life.
We are a Melbourne-based law firm and are a convenient choice for residents and visitors of Central Florida. This includes those affected in Brevard County, Orange County, Seminole County, Indian River County and Osceola County. Our clients come from the communities of Melbourne, Palm Bay, Vero Beach, West Melbourne, Titusville, Cocoa Beach, Port St. Lucie, Fort Pierce, and nearby areas.
To schedule a time to meet with our attorney and go over your wrongful death claim, please call (321) 586-9944 or send an online message today.
Understanding the laws regarding wrongful death will help you develop a strong comprehension of how to proceed during litigation.
A wrongful death refers to an accidental death that has been caused by someone else's negligence. The responsible party may be an individual or a corporation. The state of Florida has laws on the books that concern the legal issues of wrongful death claims. These are found in the Florida Statutes §768.16 through §768.26.
In essence, the Florida Wrongful Death Act requires that losses resulting from a wrongful death should shift from the survivors to the responsible party. The Florida Wrongful Death Act defines a survivor as a spouse, child or parent and any relative or adoptive sibling that was dependent on the deceased for support or services. Under this Florida wrongful death law, support can be defined as contributions, including money.
Services refer to tasks, usually household duties, which will become an expense to survivors as a result of the wrongful death. If a child is born out of wedlock, the deceased father must have paid child support for the child to be covered under the Act. This does not apply if the mother is the deceased.
The main task of a personal injury attorney is to prove negligence through a preponderance of evidence. This is a lower burden of proof than the criminal equivalent of "beyond reasonable doubt" but is still difficult when dealing with uncooperative opposition. There are four distinct elements that must be proven during a wrongful death suit in order to receive compensation:
Duty – Your attorney must be able to show the other driver in the accident who was negligent owed you a duty to act with reasonable care when operating their car or motorcycle. This is a general duty that is owed to all drivers on the road.
Breach – Your attorney must also be able to show the other driver breached this duty by failing to act with reasonable care when operating their motorcycle or car.
Causation – Your attorney must be able to prove the defendant, or the negligent party, actually and proximately caused your injuries when they breached their duty.
Damages – Your attorney must be able to show you suffered some form of damages, or actual loss, financial loss or pain and suffering.
Damages are the costs (which can be economic, non-economic and punitive) related to the wrongful death. These damages will differ a bit from other personal injury cases. Some of the most common include:
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will, in fact, receive all or some portion of the punitive damage award.
Florida Statutes – This link will send you to the specific statute regarding the Wrongful Death Act. You will be able to read the law verbatim and go over the provisions, including how they define damages, limitation of liability and parties involved.
Brevard County Court – Clicking on this link will direct you to the Brevard County Clerk of the Court website. Here you can look up information on cases, court locations, court responsibilities, and various resources on civil and criminal procedure.
Florida Department of Transportation – This link will send you to the home page of the FDOT. This site contains useful information on this department's role in automobile accidents. Many of the wrongful death cases we handle are the result of car accidents, so having this resource can help clarify many issues you may have.
When negligence is concerned, there is absolutely no excuse when the result is death. Nothing can bring back your loved one and no amount of money will truly make up for this. Even so, the offending party must be held accountable for their careless or reckless actions. Litigation will allow you to not only receive damages that help compensate you for the costs related to wrongful death, it will also serve as a punishment for the complete disregard for human life.
We are here to help your through this process and make it as easy for you as possible. James Coulter of The Law Offices of James B. Coulter will take care of everything so that you can focus on getting your life back together and moving forward. Our firm is deeply committed to protecting your rights and will stop at nothing in our fight to reach a satisfactory resolution to this difficult issue.
Located in Melbourne, we are a convenient choice for residents and visitors of Central Florida. This includes the cities of Palm Bay, Rockledge, Titusville, Cocoa Beach, Indian Harbour Beach and Viera, Orlando, Apopka, Daytona Beach, Altamonte Springs, Vero Beach, Kissimmee and St. Cloud, among others.
The time is now to get started on the litigation process. Contact us at (321) 586-9944 or send an online message to schedule a free initial consultation. During this meeting, we will be able to go over your case in detail while providing you with legal options going forward.