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Melbourne Wrongful Death Lawyer

The loss of a loved one is never easy. And when that death is the result of a negligent act by another person or company, that grief often manifests itself as anger. Families feel rightfully upset that someone else’s recklessness or carelessness led to an unnecessary death.

Florida law provides a legal remedy for these families in the form of a wrongful death action. This is a special type of personal injury claim designed to compensate the survivors of an accident that killed an immediate family member. At the Pendas Law Firm, our qualified Melbourne wrongful death lawyers can advise you on the necessary steps to bring a successful claim and, hopefully, help bring some sense of justice to your family.

Florida’s Wrongful Death Act

Wrongful death lawsuits are based on state law, specifically the Florida Wrongful Death Act. The Act creates a civil tort claim for any death caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person.” This includes not only accidental deaths caused by negligence but also intentional acts such as murder or manslaughter.

The personal representative of the victim’s estate is entitled to file a wrongful death lawsuit on behalf of the victim’s spouse, children, and parents, as well as any blood relatives or adoptive siblings who were financially dependent on the victim. Damages in a wrongful death claim may include the following forms of compensation for these survivors:

  • loss of financial support and services;
  • the surviving spouse’s lost companionship and their pain and suffering;
  • any surviving minor children’s loss of parental companionship, instruction, guidance, and their pain and suffering;
  • the pain and suffering of the victim’s surviving parents;
  • reimbursement of any medical or funeral expenses for the victim paid by the family.

Additionally, the personal representative may seek to recover certain damages on behalf of the estate itself, including any medical or funeral expenses paid on the victim’s behalf and any lost earnings from the date of the victim’s injury until his death.

Contact the Pendas Law Firm Today

It is important to note that since wrongful death claims are a matter of civil law, the estate need only prove the defendant’s responsibility by a “preponderance of the evidence,” as opposed to the “beyond a reasonable doubt” standard used in criminal cases. In other words, even if a defendant is never charged or convicted of a crime in connection with the victim’s death, the estate and the family are still free to pursue–and win–a wrongful death action.

But there are time limits to bring a wrongful death claim. The statute of limitations is normally 4 years in Florida. While that may sound like a lot of time, wrongful death claims often require an extensive amount of preliminary investigation–and possible settlement talks–before a formal lawsuit is filed. So it is important not to delay. If you believe that the loss of your loved one was the result of a negligent or intentional act, contact the Melbourne wrongful death lawyers at the Pendas Law Firm today to schedule an initial consultation.

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  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod