Understanding a Wrongful Death Claim
A wrongful death claim seeks justice and compensation for families and bereaved parents when a loved one’s death results from another party's negligence or intentional harm. This can involve car accidents, medical malpractice, negligent security incidents, or defective products. Our goal is to hold the responsible party accountable and help your family receive compensation for both economic and non-economic losses, including funeral expenses, medical bills, and the profound loss of companionship.
Why You Need a Wrongful Death Attorney
Navigating a wrongful death claim is complex and requires experienced legal guidance. At Plata Schott Law, our attorneys ensure:
Proper filing of claims within legal deadlines
Thorough investigation and evidence collection
Skilled negotiation with insurance companies
Compassionate representation in court, if necessary
Key Elements of a Wrongful Death Claim
To pursue a wrongful death claim, it is crucial to establish:
Duty of Care: The defendant owed a duty of care to the deceased.
Breach of Duty: The defendant failed to meet this duty through negligence.
Causation: The breach directly caused the death.
Damages: The loss resulted in significant harm to surviving family members.
Who Can File a Wrongful Death Claim?
In Florida, the personal representative of the deceased's estate typically files the claim on behalf of surviving family members, including spouses, children, parents, and other dependent relatives.
Proving a Wrongful Death Claim
Successfully proving a wrongful death claim requires substantial evidence, including medical records, eyewitness accounts, and expert testimony. Our team at Plata Schott Law has the resources and trial experience to build a strong case and ensure that your family’s rights are protected.
Timelines and Costs
The statute of limitations in Florida for injury and wrongful death claims is two years from the date of loss. It’s important to consult with an attorney promptly to preserve your right to compensation.
Our attorneys work on a contingency fee basis, meaning we only get paid if you win your case. Schedule your free consultation today.
We’re Here for You
At Plata Schott Law, we are committed to providing compassionate support and experienced legal representation to bereaved families in Jacksonville and across Northeast Florida. Let us help you navigate this challenging time and work toward the justice your family deserves.
Wrongful Death FAQs
Who can file a wrongful death lawsuit in Florida?
Under Florida's Wrongful Death Act, the personal representative of the deceased person's estate files the lawsuit, but they do so on behalf of surviving family members — typically the spouse, children, and parents. If no personal representative has been appointed yet, we can help your family through that step.
How long do I have to file a wrongful death claim in Florida?
Generally two years from the date of death. Claims against government entities require formal written notice on a shorter timeline, and some cases involving medical negligence follow different rules. Because these deadlines are strict and evidence disappears, it is best to speak with an attorney as soon as you are able.
What compensation can our family recover?
Depending on who is filing, recoverable damages can include medical and funeral expenses, lost support and services, lost companionship and protection, mental pain and suffering, and in rare cases punitive damages. Florida law treats these categories differently for spouses, children, and parents, and we walk families through exactly what applies to them.
We are still waiting on the police or medical examiner. Should we wait to call a lawyer?
No. Investigations can take months, and critical evidence — vehicle data, surveillance video, maintenance records, witness memories — degrades quickly. Speaking with an attorney early costs nothing and protects your family's options.
What does it cost to hire Plata Schott Law?
Nothing up front. Wrongful death consultations are free and confidential, and we work on a contingency fee: no fees unless we win.