Brevard County Wrongful Death Attorney

Put 50+ Years of Combined Experience in Your Corner

As part of the Florida Wrongful Death Act, our state legislature expressly stated that their intent in enacting the law was to "shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer."

The goal of filing such a claim is to recover comprehensive monetary damages to support your family during this difficult time and to help you move on in life. While no amount of money will ever replace your tragic loss, you have a right to receive a settlement to offset the considerable financial expenses and to compensate you for all you have been through.

Accidental Death Statistics for Brevard County

According to statistics provided by the Florida Department of Health, Brevard County has a higher rate of accidental fatal injuries than the rest of the state, with 48.3 per 100,000 people as compared with 42.7 statewide. Leading causes of accidental death in our state include:

• Slip and fall
• Car accidents
• Motorcycle accidents
• Trucking accidents
• Drowning accidents

Who Can Bring a Wrongful Death Claim in Florida?

Florida law requires that a personal representative of the deceased’s estate file a wrongful death claim. Regardless of who is appointed as personal representative, any compensation recovered in a wrongful death claim is always distributed among the estate of the deceased and their surviving family members.

What is the Statute of Limitations on Wrongful Death Claims in Florida?

The statute of limitations to file a wrongful death claim in Florida is two years. This means you have two years from the date of your loved one’s passing to file a claim or you will most likely lose your right to do so, effectively losing your right pursue compensation.

Exceptions to the statute of limitations do exist that can change the amount of time you have to file. Contact High Stack Gordon Kirby today to speak to an attorney about your case.

What Can Be Recovered in a Wrongful Death Claim?

The damages which are recoverable in a claim for wrongful death in our state are listed in Florida Statutes §768.21, (2012) "Damages." They include-but are not limited to-the following:

• Loss of support and services from the date of injury to the date of death, with interest, as well as future loss of support and services
• Loss of companionship and protection
• Mental pain and suffering from the date of injury
• Loss of parental companionship, instruction and guidance
• Medical and funeral expenses
• Loss of earnings which your family could reasonably have expected to receive

How Do I Prove Wrongful Death in Florida?

While the courts in Brevard County recognize your right to these damages, there is no guarantee that you will receive fair treatment in your insurance claim. It’s in your best interests to retain legal representation to help gather the evidence to support your claim and defend you throughout the process.

Contact Our Firm To Get Started Today

If you have lost a loved one, our firm is ready to fight for you. We understand what you are going through which is why we offer personalized legal representation and fight tirelessly on behalf of you and your family for the compensation and justice you deserve.