Helping After the Loss of a Loved One

The passing of a family member is always traumatic, but perhaps never more so than when the loved one's death was preventable. If you have recently lost someone due to the negligence, carelessness or recklessness of a person, business or governmental entity, you should know that there are state laws that may allow you to pursue financial compensation for your family's loss.

Holding the other party accountable with the assistance of an attorney can help your family begin to heal by giving them a sense of justice. The attorneys at Heller & Heller, P.A., in Coral Springs are here to help bereaved families understand their legal rights after the tragic loss of a spouse, child or parent in a fatal accident.

About the Wrongful Death Claims Process

Regardless of whether your loved one's death was the result of a car accident, truck wreck, slip-and-fall or incident of medical malpractice, the process of holding the responsible party accountable usually is based on proving the elements of negligence.

In most ordinary contexts, "negligent" simply means not acting in a reasonable and prudent manner under the circumstances. It can mean that someone did something they should not have done, such as texting while driving, or that a person did not do something that they should have done, such as checking a patient's medical history before conducting a procedure. There are four steps in determining whether there was negligence in a certain situation:

  • Did one party owe a duty of care to the other?
  • Was that duty breached?
  • Did the harm arise as a result of the breach of duty?
  • What damages arose as a result?

Each of these elements must be shown by a preponderance of the evidence, which means that they are more likely than not to be true.

Although most wrongful death lawsuits can be filed up to two years after the decedent's death, it is better not to wait until just before the running of the statute of limitations to retain an attorney. Wrongful death cases need a considerable amount of time to investigate and prepare for trial.

Medical and police reports must be reviewed. Accident scenes may need to be visited and photographed. In many cases, especially those involving medical malpractice or defective products, experts must be enlisted. Waiting to speak to a lawyer can potentially reduce the amount ultimately recovered by the family because of spoliation of evidence and other factors.

Contact Us for a Free Consultation

We have more than 25 years of experience in handling wrongful death claims in Florida. To put our experience and aggressive representation to work on your case, call us at 954-228-5940 or contact us online and ask for a free consultation. No legal fees are due unless we recover money on your behalf.