Losing a loved one is one of the most tragic events that any family can experience. When a relative dies due to someone else’s negligence, it can make the pain even worse. If someone you love was killed in an accident in Winter Haven, the wrongful death lawyers at Brooks Law Group can help you pursue compensation from whoever is at fault.

No amount of money can replace the person you lost. However, there are ways to recover some of the financial losses that accompany an unexpected loss. A wrongful death claim can help recoup money for

  • lost income
  • household support
  • funeral costs
  • burial expenses
  • and more.

Pursuing a wrongful death claim in Florida can be a complex task. The party(s) you wish to hold responsible for your loved one’s passing may dispute their liability. Therefore you need an experienced attorney with the legal knowledge and resources to pursue the maximum compensation you deserve. At Brooks Law Group, we defend the rights of families who have been robbed of a loved one far too soon.

Arrange a free consultation with one of our compassionate Winter Haven wrongful death attorneys today. Call or contact us now.

What Is a Wrongful Death Claim?

A wrongful death claim refers to the legal action by the personal representative and surviving family members of an individual whose death was caused by the

  • negligent
  • reckless
  • or intentional actions (or inactions)

of another party.

Wrongful death claims are civil lawsuits by the family of a deceased individual. This differs from a potential criminal action against the party or parties responsible for an individual’s death.

The purpose of a criminal case is to

  • punish a wrongdoer
  • provide the opportunity for rehabilitation
  • and provide society with some measure of retributive justice.

A wrongful death claim is primarily intended to compensate the family for their financial and personal losses caused by their family member’s passing.

Who Can File a Wrongful Death Lawsuit in Winter Haven?

Florida law requires that a wrongful death claim be brought by the personal representative of the decedent’s estate (usually an executor or administrator). The personal representative brings the wrongful death claim on behalf of those surviving family members entitled to compensation for damages, including:

  • The spouse
  • The children
  • The decedent’s (deceased person’s) surviving parents
  • Any surviving blood relatives or adoptive siblings of the decedent who were partially or wholly financially dependent on the decedent at the time of his/her death

The estate’s personal representative can also pursue the decedent’s survival claims. Any damages from that claim are paid to the estate and then paid out according to the decedent’s will. If the deceased did not have a will, monies are distributed according to Florida intestacy laws. These laws can be confusing, and so it’s a good idea to get guidance from a knowledgeable wrongful death lawyer.

How to Prove Wrongful Death in Winter Haven

In order to successfully pursue a wrongful death claim, you will need to establish these separate elements:

  • Negligence: You must show that the party(s) you hold responsible for your family member’s death committed intentional, reckless, or negligent actions. Intentional actions mean the at-fault party purposely took steps to cause your loved one’s death. Recklessness means the at-fault party consciously disregarded a substantial risk that their actions would result in your loved one’s death. Negligence refers to the at-fault party breaching their duty to take reasonable precautions to protect others from harm.
  • The decedent’s right to sue: You must further show that the deceased individual would have had a legal right to file a personal injury claim (including a product liability, premises liability, or medical malpractice claim) against the at-fault party if he/she survived their last injury or illness inflicted by the at-fault party’s actions or omissions.
  • Eligibility for damages: Additionally, you must show that the decedent left behind surviving family members eligible to receive compensation in a wrongful death action.
  • Causation: You will need to prove that the defendant’s conduct was the direct and proximate cause of the decedent’s death — in other words, that the victim would not have died if the at-fault party had acted responsibly and that there was no other cause more responsible for causing the decedent’s death.
  • Damages: Finally, you will need to establish that the victim’s estate and any eligible surviving family members have suffered some form of monetarily compensable damages.

Accidents That Result in Wrongful Death Lawsuits

Examples of accidents that can result in a wrongful death claim in Winter Haven include:

  • Medical malpractice
  • Defective consumer products
  • Defective or dangerous medical products or drugs
  • Workplace accidents (in certain circumstances)

What Types of Wrongful Death Compensation May Be Available?

Your family may be able to claim compensation for various damages and losses in a wrongful death case. Wrongful death cases in Florida actually have two different claims for damages:

  • the wrongful death claim
  • and the survival claim

Wrongful death damages are paid to the surviving family members of a deceased individual and include:

  • Lost companionship, support, guidance, and protection
  • Loss of the value of the decedent’s services to the household
  • Loss of the decedent’s financial contributions to the family or household
  • Mental and emotional pain and suffering, if your deceased loved one was a child

Survival claim damages include the damages that the decedent would be entitled to seek if they had survived and are paid to the decedent’s estate. They include:

  • Medical expenses from last injury or last illness
  • Funeral and burial expenses
  • Lost wages immediately prior to death
  • Lost prospective accumulation of value of the decedent’s estate that they would have had if they had lived
  • Conscious pain and suffering experienced by the deceased person prior to their death

When to Contact a Wrongful Death Lawyer in Winter Haven

If you have a family member who has died due to someone else’s negligence, you and your family should contact a Winter Haven wrongful death personal injury attorney as soon as possible. Although pursuing a legal claim might feel impossible right now, you should know that there is a limited period of time in which to pursue a wrongful death claim in every state.

The general rule is that you have two years to file for wrongful death in Florida. However, there are exceptions depending on the type of claim you are filing. For that reason, it’s important to work with a trusted wrongful death attorney who helps determine the deadline for your claim.

Although two years may sound like a long time, your lawyer will need to collect substantial evidence to support your wrongful death claim. If you wait to act, crucial evidence may be lost, or you may lose options for pursuing maximum compensation.

How Can Brooks Law Group Help Me?

Brooks Law Group can help with every aspect of your family’s wrongful death legal claim. We will:

  • Meet with you in a free and private consultation
  • Listen to your story and discuss your legal options
  • Investigate the circumstances of your loved one’s death to recover evidence we can use to show how other parties were responsible for his/her passing
  • Identify the at-fault parties and all potential sources of compensation
  • Collaborate with experts to build a strong, persuasive legal case
  • File claims for compensation on your and your family’s behalf
  • Aggressively negotiate with insurance companies and defense lawyers to obtain the best possible outcome for your case
  • Prepare your claim for trial, if needed

Get a Wrongful Death Claim Lawyer in Winter Haven On Your Side

You shouldn’t have to suffer financially if you’ve lost a family member in an accident caused by someone else. Let our wrongful death claim lawyers in Winter Haven relieve your burdens during this tragic time. Call or fill out our online contact form to schedule a free consultation with Brooks Law Group today.

Brooks Law Group - Wrongful Death Attorney in Winter Haven
123 1st Street North
Winter Haven, Florida 33881
863-251-9255
Directions

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Serving residents anywhere in Florida, Brooks Personal Injury Lawyers brings justice to you. No need to come to our office – schedule a remote consultation and get the personalized attention you deserve.

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Our skilled Winter Haven Wrongful Death lawyers will sit down with you personally to review the details of your case and go over all your legal options during a free consultation.

We Take Winter Haven Personal Injury Accident Cases Just Like Yours

Accidents happen in a number of ways. At Brooks Law Group, our attorneys have represented clients in all types of personal injury claims for more than 30 years. If you have been hurt or suffered losses in any of the following areas, we can help.

  • Dog bites
  • Construction accidents
  • Nursing home abuse
  • Social Security Disability claims
  • Defective product accidents

All of these accidents have the potential to cause life-altering injuries. A Winter Haven personal injury lawyer at Brooks Law Group can explain how Florida law applies to your case. Then our accomplished legal team will put all of our energy and resources into building a strong claim on your behalf.

Car Accident Claims

Car accidents make up the majority of personal injury claims in Florida. The state’s no-fault auto insurance laws require each driver to file a claim with his or her own insurance company to claim coverage for any injuries, property damage, and other losses. But the insurance company is only obligated to pay a fair settlement up to the maximum limit allowed on the insurance policy. In serious car accidents, the limit may not be enough to fully cover the cost of the victim’s injuries. If this is the case with you, you’re not out of options.

Accident victims that have sustained serious permanent injuries and have maximized the limits of an insurance policy can file a personal injury lawsuit directly against the at-fault driver. The serious injury threshold in Florida is $10,000, which means when accident victims sustain losses that exceed this amount, they could have a valid personal injury lawsuit.

Truck Accident Claims

Trucks are massive road companions. For this reason, compensation sought in a Winter Haven truck accident claim often meets the $10,000 serious injury threshold in Florida. Drivers can still file a personal injury lawsuit directly against the liable party. But determining who was at fault for a truck accident is incredibly complex.

Liable parties in truck accident claims can include:

  • The truck driver
  • The trucking company
  • The cargo loading company
  • Maintenance companies and mechanics
  • The truck manufacturer
  • The maker of the truck’s parts, if they were faulty
  • Other drivers

Sometimes, only one party is to blame for a truck accident. But other times, truck accidents involve multiple defendants. Determining who is at fault is critical in order to obtain compensation from all available sources. In addition, insurance companies will be looking for any way to limit their policyholder’s fault in the accident. Many times, that can mean trying to push the blame onto you. The best way to avoid being taken advantage of is by contacting a proven truck accident lawyer.

Ready for help? Call us at 1-800-LAW-3030 right away.

Motorcycle Accident Claims

Motorcycling is a popular hobby for Floridians. However, it has its dangers. Motorcycles are smaller and less visible to other drivers on the road. In addition, there is limited protection for bikers other than a helmet and protective road gear. That means that they are at much greater risk of injury compared to other motorists, who are shielded by seat belts, airbags, and advanced safety systems.

Recovering compensation for motorcycle accident injuries is not always easy for motorcyclists. Jurors and insurance companies often have strong biases against bikers, believing them to be reckless people that endanger the lives of themselves and others. A personal injury lawyer will understand how to break down these biases. An attorney will also know how to counter these arguments from the insurance company so that claims are not denied or reduced for unfair reasons.

If you were hurt in a motorcycle accident in Winter Haven, let one of our personal injury attorneys stand up for you.

Pedestrian Accident Claims

Pedestrians are at great risk of lifelong injuries when they are in an accident. Nothing can protect them from the violent force of impact in a collision. The only thing pedestrians can do to shield themselves from harm is to follow Florida’s pedestrian laws (e.g., using sidewalks and crosswalks when they are available, avoiding texting while walking, etc.).

Common injuries in pedestrian accidents include:

  • Traumatic brain injury
  • Back and spinal cord injury
  • Broken bones
  • Cuts and bruises
  • Road rash
  • Soft tissue injuries
  • Neck injuries
  • Torso injuries
  • Foot and ankle injuries

Pedestrians in Florida have several options for claiming compensation. Pedestrians can file a claim with the at-fault driver’s insurer. If the injuries exceed the policy limits of the negligent driver, victims can file a claim with their own auto insurance company if they carry such insurance.

Not sure who was responsible for your accident? Turn to a lawyer from Brooks Law Group for help. We’ll conduct a detailed investigation of the accident scene, consulting with experts (if necessary) to reconstruct what happened and who should be held responsible for your accident.

Wrongful Death Claims

There’s nothing more tragic than losing a loved one due to someone else’s negligence. In Florida, the estate of the deceased can file a claim for compensation. There are two types of claims loved ones can file after someone’s death.

The claim that most people have heard of wrongful death. Within these claims, relatives seek damages for the losses they sustained as a result of their family member’s death. For example, a wrongful death claim can seek damages for loss of income, funeral expenses, and burial costs.

The second type of claim that close relatives can file after a loved one’s death is a survival claim. These claims seek damages for losses the deceased suffered before his or her death. For example, if a person was involved in a car accident, he or she may have suffered serious injuries but not succumbed to them for a few days. In this case, a survival claim would seek damages such as the medical expenses that the deceased victim incurred prior to his or her death.

Slip and Fall Claims

Slip and fall claims are one of the most common types of personal injury cases. These claims fall under premises liability law in Winter Haven.

Property owners are responsible for ensuring their property is safe and free of all reasonable hazards. When someone slips and falls due to an unsafe condition (e.g., broken steps, spills, cracked pavement, etc.), he or she can file a claim against the property owner for compensation.

Although slip and fall claims sound fairly straightforward, they are not. Certain circumstances can complicate these claims, such as if the dangerous condition was open and obvious. Additionally, Florida also categorizes visitors in different ways. Trespassers have little rights and so may find it difficult to claim compensation for injuries.

No matter if you slipped and fell in a grocery store, apartment complex, parking lot, or public street, someone else could be held liable for your injuries if their property wasn’t cared for properly. But the facts of the incident matter. Reach out to Brooks Law Group to learn if you have a case today.

Dog Bite Claims

Florida operates under strict liability for dog bite claims. This means that the dog bite victim does not have to prove the owner was negligent or that the dog had a previous history of aggressive tendencies in order to be compensated.

Dog owners attempt to use many defenses in attack claims. Some will be valid. For example, owners are not responsible for dog bites when the victim was unlawfully on the property or provoked the animal.

Dog bites can cause catastrophic injuries, and often happen to children. Examples of these injuries include:

  • Puncture wounds
  • Infection
  • Disfigurement
  • Muscle tears and damage
  • Eye injuries
  • Head and neck injuries
  • Death
  • Post-traumatic stress disorder and anxiety

Brooks Law Group has multiple offices in central Florida. If you were bitten by a dog in Winter Haven or a surrounding community, our team of legal professionals will fight for justice for you.

Construction Accident Claims

Working on a construction site is one of the most dangerous jobs nationwide. Individuals who are hurt in construction accidents must go through the Florida workers’ compensation system to claim damages if their employer is responsible for the accident. However, employers are not the only ones who may be to blame. A personal injury claim may be possible against an outside third party.

Construction sites may be home to a contractor and multiple subcontractors. These parties may be working in the same area at once. If you work for the contractor and a subcontractor’s negligence causes your injury, you could file a lawsuit against them. This is called a third-party claim and could provide certain compensation that workers’ compensation will not, such as for pain and suffering.

If you are unsure of who should be held accountable for your construction accident, a Winter Haven personal injury attorney is your best bet to find the answers you are looking for.

Nursing Home Abuse Claims

Seniors are among society’s most vulnerable sectors. Tragically, the elderly sometimes fall victim to abuse and neglect if they reside in nursing homes or assisted living facilities.

Inadequate staffing, poor supervision, lazy hiring practices, and insufficient medical care are all cited as problems in American nursing homes. While victims often suffer physically, they also may be subjected to verbal, emotional, and financial abuse at the hands of their caregivers.

If you suspect that a family member or friend is being abused in a Winter Haven nursing home, don’t wait. Contact an aggressive nursing home abuse attorney at Brooks Law Group immediately. We’ll look into the situation right away to help get the victim removed from the facility and hold the responsible parties accountable for their inexcusable treatment.

Social Security Disability Claims

Individuals that have sustained a permanent injury that prevents them from working for one year or more can apply for Social Security Disability Insurance, or SSDI.

Applicants must meet strict requirements when applying for government assistance. Even when they do, they may find their application denied on a technicality. The Social Security Administration (SSA) denies far more applications than they accept every year.

Disabled individuals who want to give themselves the best chance of securing SSDI benefits should speak to a Winter Haven Social Security Disability lawyer right away. You will already be facing a waiting period because the SSA is experiencing a backlog of applications. It’s better to have a lawyer review the application to ensure that it is complete so that you don’t have to wait even longer to obtain benefits.

If you have already been denied SSDI, our lawyers can help with the appeals process, including preparing you for hearings and other proceedings.

Defective Product Claims

Consumers have the right to expect that the products they use are safe. When those products fail and someone is hurt, it’s possible to file a claim against the maker of the faulty product. These types of claims are also known as products liability cases.

Defective products cases often involve:

  • Appliances
  • Auto parts
  • Medications
  • Power tools
  • Chemical products, such as Roundup
  • Medical devices
  • Workplace machinery
  • Tainted foods

Defective product cases involve going up against big companies protected by large insurance companies and high-powered corporate counsel. You’ll need a tough attorney who will push for a full and fair settlement for you and is prepared to take the case to trial if necessary. You’ll find the defective product lawyer you need at Brooks Law Group.

What We Do

Our Winter Haven law office handles a variety of personal injury claims. Our respected attorneys have the experience and the resources to tackle even the toughest claims.

Our Winter Haven Personal Injury Lawyers are Here to Help with Your Case

about our firmAt Brooks Law Group, we provide top-quality legal services to injured people throughout central Florida. When you work with us, you will get personalized service and compassionate attention from an experienced personal injury lawyer who is committed to securing compensation for you.

Our injury attorneys have recovered millions of dollars in compensation for our clients. Call us today or contact us online for a free consultation.

Personal Injury Attorneys in Winter Haven, Florida

Statute of limitations on Personal Injury Claims

personal injury casesUnder Florida law, the statute of limitations or deadline to file a personal injury lawsuit is two years after the accident occurred. If the deadline is missed, then your case will be dismissed, unless a rare exception is granted for an extension.

A Winter Haven personal injury attorney can get your paperwork finished correctly and filed on time to avoid any issues with deadlines. However, it is critical for you to contact us as soon as you can after an accident.

The earlier the claim is filed, the more time you will have to build a case and negotiate with insurance adjusters and the defendant’s legal team. The longer you wait, the more likely it is that crucial evidence will disappear.

Common Types of Injuries in Winter Haven, FL Accidents

According to FloridaHealth.gov injury statistics, unintentional injuries, or accidents, are the leading cause of death for Florida residents ages 1 to 44, and the fourth leading cause of death overall. There are over 100,000 additional hospitalizations for non-intentional accidental injuries every year in our state.

Personal injury claims include all varieties of bodily injuries. The following are some of the more common types of injuries associated with personal injury claims in Florida:

  • Broken limbs and fractures in the upper and lower extremities commonly occur in car accidents and are treated every day in emergency rooms.
  • Traumatic brain injury and spinal and neck injuries also happen as a result of car accidents and assaults.
  • Torso fractures happen often in slip and fall accidents, as well as fractures to the lower extremities. The elderly are most at risk of injury in a slip and falls.
  • Damage to joints such as the knee, ankle, hip, and shoulder frequently result from many types of accidents.
  • Drownings occur frequently in water parks and swimming pools.
  • Poisonings are listed as one of the most common types of accidental injuries.
  • Dismemberment is a common workplace injury.
  • Cuts and lacerations can occur during dog attacks as well as assault cases where there was negligent security.
  • Birth injuries are remarkably common in medical malpractice suits.

Many of the accidents that caused an injury could have been prevented if reasonable safety measures were taken. The attorneys at Brooks Law Group believe that if you are injured because of someone else’s negligence, then you shouldn’t have to pay the bill. We understand the pain and suffering that you are going through and will fight to see that you are fully compensated for your injuries.

Tips for Protecting Your Rights After an Accident in Winter Haven

personal injury lawsuit circleInsurance adjusters may attempt to take advantage of you throughout the aftermath of a traumatic injury. The following are steps you can take to protect your rights after an accident:

  • Seek medical attention. The earlier you seek treatment, the better your prognosis may be.
  • Do not admit fault. Even apologizing for the accident or saying that you are “fine” could be used against you in a claim.
  • Take pictures. Get images of the scene of the accident and if possible, what caused the injury. Record a video if it is convenient.
  • Get witnesses’ names and contact information. If they are talking, record or document a statement.
  • Gather evidence. Collect medical reports, bills, wage or salary receipts, and all other relevant documents that will prove your financial and emotional damages.
  • Do not speak to insurance company representatives. Insurance adjusters may twist your words around, get you to make a mistake, get you to admit fault, or convince you to agree to a reduced settlement.
  • Be sure to call a lawyer as soon as possible. Your lawyer will be able to guide you in the right direction regardless of the circumstances of your case.

Talk to a Winter Haven Personal Injury Attorney Now

The experienced attorneys at Brooks Law Group know how to stand up to teams of lawyers and insurance adjusters to aggressively fight for the compensation you deserve.

If we take your case, the Brooks Law Group will cover all legal expenses until we recover a fair settlement or you are awarded compensation in court. We will fight for your rights every step of the way.

Call us or contact us online now to schedule a free and confidential case evaluation.

Areas We Serve

Brooks Law Group serves clients in Winter Haven and the surrounding areas, including:

  • Cypress Gardens
  • Cypress Gardens Blvd./Katie Ct.
  • Floritan/West Lake Wales
  • Eastwood /Poinsettia Park
  • Dundee Rd./ Executive Rd.
  • Route 92/21st St. NW
  • Gordonville
  • Overlook Dr./Granada Way
  • Eloise Loop Rd./Old Bartow Rd.
  • Cypress Gardens Rd./Cypress Gardens Blvd.