Wrongful Death

Wrongful Death Attorneys in Gainesville

Understanding Florida Wrongful Death Claims and Your Rights

If someone you love tragically passed away due to the negligent or unlawful conduct of another, you have the right to file a wrongful death lawsuit against the liable party. This is true whether or not the person who caused your loved one’s death is charged with or convicted of a crime.

Florida’s wrongful death statute is complex, and navigating the legal process can be daunting when you are already going through one of the most difficult times in your life. At Schackow & Mercadante, we can help. Our compassionate and experienced attorneys and staff are here to support you and your family as you seek the justice you deserve.

We are dedicated advocates for victims of negligence, including those left behind in the wake of a tragic and fatal event. We are here to provide the personalized legal representation you need during this immensely challenging time, and we will fight for you and your family every step of the way.

Continue reading to learn more about filing a wrongful death lawsuit in Florida, or contact us directly at (352) 261-6767 for a complimentary consultation with one of our attorneys.

Criteria for a Wrongful Death Case in Florida

The loss of a family member is always tragic, but when an individual dies due to the negligent or wrongful conduct of another person or party, the healing process can be extremely difficult.

Under Florida’s wrongful death statute, a death is considered “wrongful” when it occurs as a result of:

Negligence
A defective product
Medical malpractice
An intentional act

Essentially, this means that if someone else was directly or (in some cases) indirectly responsible for your loved one’s death, you may have grounds for a wrongful death lawsuit.

Wrongful death claims often arise from the following incidents:

Car, motorcycle, truck, and other vehicle accidents
Bicycle and pedestrian accidents
Boating, ATV, and other recreation accidents
Serious falls, including slip and fall accidents
Dog bites and other animal attacks
Aviation accidents
Medical negligence
Defective drugs and medical products
Defective consumer goods
Nursing home abuse
Work-related accidents, injuries, and illnesses
Assault, battery, manslaughter, homicide, and other crimes

In many cases, wrongful death lawsuits occur alongside criminal homicide or murder charges. These are two separate legal proceedings, and the outcome of one does not necessarily affect the outcome of the other. In fact, it is not uncommon for someone to be found liable in a wrongful death claim even if they are not convicted of a crime. This is because the burden of proof is somewhat more lenient in civil claims than in criminal cases.

Local Support for Wrongful Death Claims in Gainesville

Navigating a wrongful death lawsuit in Gainesville can be particularly challenging, given the unique aspects of local laws and the emotional toll of losing a loved one. At Schackow & Mercadante, we understand the specific needs of our Gainesville community and can guide you through this difficult time.

One of the common pain points for families in Gainesville is dealing with the aftermath of fatal car accidents, which are unfortunately prevalent in our area. The busy intersections and highways, such as those near the University of Florida, often see a higher rate of traffic incidents. Our team is well-versed in handling these specific types of wrongful death claims and can guide you through the process of seeking justice and compensation.

Compassionate Legal Guidance

We also recognize the importance of community support. Gainesville is a close-knit community, and we are committed to providing the personalized attention you need. Whether it's understanding the nuances of local laws or connecting you with local support groups, Schackow & Mercadante is here to stand by your side.

If you are facing the heart-wrenching experience of losing a loved one due to someone else's negligence, know that you are not alone.

Contact us today for a complimentary consultation to learn how our wrongful death lawyers in Gainesville, FL, can help you navigate this challenging journey. Dial (352) 261-6767.

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I met with Marie Banks to go over Car Accident Preparedness. She was awesome and so full of knowledge. Patient with all my questions and I left her office feeling good about the insurance I had and felt prepared if an accident were to happen. She treated me like family. Thank you! 10 out of 10 would definitely recommend.

- Pranish Sharma
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“Marie was able to explain my coverage in a way that made it digestible and understandable. With Marie's help I was able to fix my insurance coverage to a policy that included the best protection and I now also rest easier knowing I'm in good hands if I eve”

- Josh Talmore
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I'm a UF student who got injured on campus. Schackow & Mercadante handled my case extremely well. Everything was settled in about a year. I highly recommend them for any personal injury case.

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“The lawyers and staff at Schackow & Mercadante are professional, courteous and above all treat you like the person you are. You are not a number, you are not just a paycheck, but you are a friend, a guest, dare I even say, a family member.”

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I would absolutely trust Schackow & Mercadante to handle any injury claim. After several meetings with their staff, I'm 100% comfortable with their positive outlook and trust they want what's best for their clients.

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They treated me with great respect and negotiated a settlement for me far beyond my expectations. They answered my calls promptly and were available each time I needed them throughout my case. I have recommended this law firm to others I know because I trust the attorneys and staff here immensely.

- T Harrison
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I highly recommend Schackow & Mercadante, P.A.!!! The office staff is very polite and professional. Attorneys were great and treated me like a family member.

- Kevin Drye

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Commonly Asked Questions

Can I file a wrongful death claim in Florida if the responsible party is not convicted of a crime?

Yes, in Florida, you can file a wrongful death claim even if the individual responsible for your loved one's death is not charged with or convicted of a crime. The civil litigation process is separate from criminal proceedings, and the burden of proof is different. A party can be held liable in a wrongful death lawsuit based on a "preponderance of evidence," which is a lower standard than the "beyond a reasonable doubt" required in criminal cases.

What is the difference between a wrongful death lawsuit and criminal homicide charges in Florida?

The key difference between a wrongful death lawsuit and criminal homicide charges in Florida lies in the purpose and outcome of each proceeding. A wrongful death lawsuit is a civil action that seeks financial compensation for the survivors' loss, while criminal charges aim to punish the wrongdoer. The standards of proof also differ; wrongful death cases require a preponderance of evidence, whereas criminal cases require proof beyond a reasonable doubt. It's possible for a party to be held civilly liable without being criminally convicted.

How can Schackow & Mercadante assist me with a wrongful death lawsuit in Gainesville?

Schackow & Mercadante can assist you with a wrongful death lawsuit by providing compassionate and personalized legal representation. Our team is dedicated to supporting families affected by negligence and wrongful acts, guiding them through the complex legal process, and fighting for the justice and compensation they deserve. We offer a complimentary consultation to discuss your case and determine the best course of action.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

In Florida, you have less time to file a wrongful death lawsuit than a personal injury lawsuit. The statute of limitations on wrongful death cases in Florida is just two years from the date of death. If you wait too long, and the statute of limitations expires, the court will most likely dismiss your case. If this happens, you will not be able to pursue compensation for your damages.

Although taking legal action may be the furthest thing from your mind following the tragic loss of a family member, it is important that you reach out to our Gainesville wrongful death lawyers as soon as possible. We can immediately begin investigating the incident that led to your loved one’s death to identify the liable party and put together powerful evidence on your behalf.

Throughout the entire process, you can rely on our team to be here for you, available to answer your questions and address any concerns you may have. We care deeply about the people we serve, and we are dedicated to making our community a safer and better place for all.

From our office in Gainesville, we serve clients throughout North Central Florida. Call (352) 261-6767 or contact us online to schedule a free initial consultation today.

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, a wrongful death lawsuit must be brought by the personal representative of the decedent’s estate. Sometimes known as the “executor,” the personal representative is someone named in the decedent’s will or, if the individual died without a will, someone appointed by the court.

Although the personal representative must be the one to actually file the wrongful death claim, he or she does so on behalf of certain eligible beneficiaries, as well as the estate as a whole. The personal representative must list every beneficiary and interested party, including anyone who can prove that they were dependent on the decedent.

In a wrongful death lawsuit, beneficiaries may include—but are not limited to—the following parties:

The decedent’s surviving spouse
Any children of the decedent
Adult children who were dependent on the decedent
The decedent’s surviving parents
Adoptive parents or children

At Schackow & Mercadante, our Gainesville wrongful death attorneys represent personal representatives and beneficiaries entitled to compensation for damages resulting from the loss of a loved one due to the negligence of another. We can review the details of your case and provide more information specific to your situation.

Damages in Florida Wrongful Death Cases

The sudden, unexpected loss of a loved one isn’t just emotionally difficult; it also leaves families struggling to cope with significant financial challenges. By filing a wrongful death lawsuit, you can not only seek to hold the liable party accountable but also work to recover financial compensation for certain economic and non-economic damages related to your loved one’s passing.

In Florida, it is possible to recover the following types of damages in a wrongful death claim:

Medical expenses
Funeral/burial costs
Lost wages, income, and benefits
The reasonable value of earnings and benefits the decedent would have earned
Loss of services and support provided by the decedent
Mental pain and suffering experienced by the surviving beneficiary
Loss of companionship, protection, love, counsel, and support
Loss of parental guidance, companionship, and instruction

At Schackow & Mercadante, we know that no amount of compensation can ever make up for the immense loss you and your family have suffered. However, we have also seen firsthand the struggles families go through after a sudden loss, as well as the relief a fair settlement or jury verdict can bring.

Our goal is to help you recover the maximum compensation you and your family are owed, not only to help offset some of the unexpected financial burdens you are now facing but also to ensure the responsible party is brought to justice.

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