Melbourne Wrongful Death Lawyer
The Melbourne wrongful death lawyer team at Platt, Cole, Russell & Simpson PLLC helps families seek maximum compensation and justice after a loved one’s death is caused by negligence. Our wrongful death attorneys handle fatal accidents resulting from car crashes, medical malpractice, workplace injuries, drownings, and other wrongful death claims in Brevard County.
To schedule a free consultation, call 321-725-3425 or use our contact form.
Why Choose Our Melbourne Wrongful Death Attorneys for Fatal Accidents in Brevard County
Melbourne residents facing the loss of a loved one resulting from another party’s negligence turn to our wrongful death lawyers in Melbourne, FL, for trusted guidance and results-driven representation. With a deep understanding of Florida law and extensive experience handling complex cases throughout Brevard County, we fight to hold responsible parties accountable and seek maximum compensation on behalf of families. Our Melbourne personal injury lawyers are committed to helping victims in the community gain a sense of justice after such a devastating event.
Florida Laws for Wrongful Death Claims
Wrongful Death Statute of Limitations: Florida
Most cases follow a two-year statute of limitations from the date of death under Florida law. However, there are different types of deadlines based on the cause and defendant:
Medical malpractice: two years from when the personal injury was discovered or should have been discovered, but no later than four years from the incident date. If fraud, concealment, or intentional misrepresentation is involved, this is extended to seven years.
Claims against government entities: three years from the date of death. Written notice must be served. Unless the case was formally denied, you cannot file a wrongful death lawsuit until 180 days after the notice is submitted.
Tolling exclusions for minors: When the person whose family member’s wrongful death is a child under 18, the two-year statute does not begin until they turn 18. This gives them until their 20th birthday to take legal action, unless a parent or legal guardian files on their behalf before then.
Who Can Sue for Wrongful Death in Florida?
Under Florida law, only the victim’s personal representative files a wrongful death lawsuit on behalf of the decedent’s estate. However, eligible surviving family members can recover compensation from the victim’s estate even though they do not file the wrongful death claim directly.
Court-appointed personal representative: The person authorized to file the lawsuit on behalf of the estate and eligible survivors. Personal representatives are required by state law and must be appointed by the Brevard County probate courts.
Eligible surviving family members under Florida law include:
- Spouse
- Children (under 25 or dependent): Adult children may be compensated only in limited cases (example: no surviving spouse in medical malpractice).
- Parents: if the deceased family member was a minor child. If the deceased was an adult with no spouse or children, parents may also be eligible to secure compensation in some cases.
- Other dependents: adoptive siblings or blood relatives who are financially dependent on the person may recover damages for lost financial support.
- Decedent’s estate: The victim’s estate itself can recover lost earnings, medical and funeral expenses, and loss of net accumulations on behalf of the decedent.
Therefore, the personal representative files and is the only person with the legal standing to sue under Florida law, while the surviving family members and estate beneficiaries listed receive recoverable damages through the case’s outcome.
Financial Compensation in Brevard County Wrongful Death Claims
Under Florida law, the following economic and non-economic damages are recoverable for surviving family members in a wrongful death claim:
Recoverable Damages For Surviving Family Members in Florida Wrongful Death Claims
Our wrongful death lawyers in Melbourne, FL, seek justice and wrongful death compensation in Florida for the following:
Spouse: Current and future loss of support, loss of companionship and protection, mental pain and suffering, value of household, personal, and legal services.
Minor children (or any age, if no spouse): Loss of parental companionship, instruction, and guidance, mental pain and suffering, loss of support, value of household, personal, or legal services.
Parents of a Deceased Minor: Mental pain and suffering, loss of support, and value of personal, household, or legal services.
Parents of a Deceased Adult Child (if no other survivors): Mental pain and suffering, loss of support, and value of personal, household, or legal services.
Recoverable Damages for The Decedent’s Estate Through the Victim’s Personal Representative
The personal representative of the decedent’s estate can secure recoverable damages for medical expenses and funeral expenses paid by the estate, loss of earnings, and prospective net accumulations.
Household services include everyday homemaking tasks. When a person who regularly handled these duties dies, the family may seek compensation for household services.
Personal Services: refers to direct assistance provided to others in the household. Examples include assistance with bathing, transportation, emotional support, and caregiving. Loss of personal services is compensable when the person was actively involved in care.
Legal Services: involve damages for managing legal, financial, or administrative matters that the deceased handled for the household. Legal services may include filing taxes, managing insurance or estate matters, or overseeing financial accounts. Damages may reflect the cost of hiring professionals to replace these functions.
Common Brevard County Wrongful Death Cases
Motor Vehicle Accidents: Fatal Car Accidents and Truck Accidents
Motor vehicle accidents are a leading cause of wrongful death cases in Brevard County. When a truck or car accident is caused by road rage, speeding, or another driver’s negligence, a Melbourne wrongful death lawyer can build a compelling case and take legal action against all liable parties. We fight to hold negligent parties accountable and help families move forward after a devastating car accident or truck accident through experienced vehicle accident claims assistance in Melbourne, FL.
Bicyclists and Pedestrians Struck By Drivers
Bicyclists and pedestrians struck by negligent drivers often suffer fatal injuries. These incidents frequently lead to wrongful death claims. Our Melbourne wrongful death lawyers represent those affected by a loved one’s death resulting from someone else’s negligence, using police reports, camera footage, and witness statements. We work to secure compensation for funeral costs, lost income, and the emotional toll, while holding all liable parties responsible through bicycle accident claims assistance and pedestrian injury claims assistance.
Accidental Drownings at Melbourne Beach, Cocoa Beach, Indian River, and Swimming Pools
Unintentional drownings are among the most devastating types of wrongful death cases in Brevard County. Our Melbourne wrongful death lawyers investigate the circumstances that led to a loved one’s death, including failures by property owners, rental businesses, or lifeguard services. We help family members recover compensation for all of the financial and emotional impacts of losing a family member, while holding all the negligent parties accountable through a wrongful death claim.
Melbourne Nursing Home Death Caused By Abuse or Neglect
When a nursing home resident dies because of abuse or neglect, this may justify a wrongful death claim. Our Melbourne wrongful death lawyers help take action when a Melbourne resident’s death results from poor supervision or intentional harm in assisted care facilities. We help seek damages for medical bills and all other damages resulting from the tragic loss of a loved one’s life.
Medical Malpractice Deaths at Brevard County Hospitals
When the sudden loss of a loved one resulted from medical malpractice in Brevard County hospitals, our Melbourne wrongful death lawyer group helps by investigating the actions of medical professionals, medical devices used, hospital policies, and other forms of medical malpractice. We work to obtain fair compensation on behalf of survivors for all damages tied to the loss of a loved one’s life.
Watercraft, Jet Ski, and Boating Accidents
Watercraft, jet ski, and boating accidents in Brevard County commonly happen on the Indian River Lagoon, Banana River, or off the coast near Melbourne Beach. Our Melbourne wrongful death lawyers represent individuals who have lost a loved one in maritime collisions, propeller strikes, or ejection incidents caused by negligence. We build compelling cases to seek damages and help families receive a sense of closure and justice.
Defective Product Deaths in Central Florida
Defective product accidents in Central Florida often result from faulty auto parts, unsafe medical devices, or malfunctioning equipment. When a loved one dies because of a dangerous product, our Melbourne wrongful death lawyers can help pursue wrongful death claims against corporations and distributors, working to help families gain more financial stability after the tragic loss of a loved one.
Inadequate Security and Assaults
Inadequate security and assaults in Brevard County can lead to wrongful death cases when property owners fail to prevent foreseeable violence. Our fatal accident attorneys in Melbourne, FL, gather witness statements, investigate the circumstances, and seek justice and fair compensation through the legal process.
Aviation Accidents in Brevard County
Brevard County aviation accidents in Brevard County can result in wrongful death cases due to a range of errors. These incidents may happen near the Melbourne Orlando International Airport or private airstrips. Our Melbourne wrongful death lawyers investigate maintenance records, flight data, and FAA compliance to determine fault. When at-fault parties are identified, we determine the case value and work to ensure families are compensated fairly under Florida law.
Common Forms of Fatal Workplace Accidents in Melbourne, FL
Our Melbourne wrongful death lawyers represent families when a loved one’s fatal injuries happen in Brevard County workplaces. Contact our law firm for a free initial consultation to discuss a potential wrongful death case.
Construction Site Accidents
When a construction site accident occurs due to contractor negligence or unsafe equipment, a Melbourne wrongful death lawyer can pursue a wrongful death claim on behalf of the family. Construction worker wrongful death cases result in complex contractor liability, OSHA violations, and determining responsibility for medical expenses, lost income, and burial expenses. Under Florida law, families may be entitled to fair compensation for the emotional and financial burdens associated with the loss of a deceased family member. Our fatal accident attorneys in Melbourne, FL, assist families in seeking justice and protecting their interests throughout the legal process.
Port Canaveral Accidents
Serious Port Canaveral accidents have led to multiple wrongful death cases resulting from truck accidents, contracted labor, and longshoremen injuries. A Melbourne wrongful death lawyer from our law firm can help pursue wrongful death claims when an accident is caused by negligent acts. Florida law allows for wrongful death actions to seek compensation for funeral costs, lost wages, medical expenses, and non-economic damages suffered after a loved one’s wrongful death.
SpaceX and Kennedy Space Center Accident
At the SpaceX launch site in Cape Canaveral, the reported injury rate increased from 0.9 per 100 workers in 2022 to 2.5 in 2023, more than three times the aerospace industry average. Public injury data from Kennedy Space Center operations has not been released since 2016, when SpaceX reported a rate of 21.5 injuries per 100 workers, a percentage 27 times higher than the industry average.
Many Kennedy Space Center wrongful death cases involve workers contracted for high-risk jobs. A wrongful death attorney in Melbourne, FL, can help families navigate federal contractor liability, OSHA safety violations, and potential third-party liability, enabling survivors to receive fair compensation, including federal death benefits, liability-related damages, and potential punitive awards in cases of safety violations.
Insurance Claims Assistance For Wrongful Death in Melbourne, FL
Death Indemnity Auto Insurance Claims
A Melbourne wrongful death lawyer can help families navigate death indemnity auto insurance cases. Under Florida law, certain insurance companies provide specific coverage when a loved one’s death is caused by a truck or car accident. These often arise in conjunction with wrongful death lawsuits and can result in multiple types of recovery for the victim’s family. This is typically pursued under one or more of the following:
Personal Injury Protection (PIP): If the policyholder or a resident family member dies in a car accident, PIP provides a $5,000 payment.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or insufficient coverage, the victim’s UM/UIM policy can pay economic damages to family members. This may include funeral expenses, lost financial support, and other financial burdens, depending on the policy.
Bodily Injury Liability Claims from At-Fault Drivers: Brought by a Melbourne wrongful death lawyer or personal representative as part of a wrongful death lawsuit. Pays damages when other parties are responsible for the loved one’s wrongful death. While not an “indemnity” clause, it often forms the primary recovery source for fatal crashes and often includes lost wages, medical bills, and non-economic damages.
Auto Life Insurance Riders: Some policies offer optional riders that provide an additional payout if the insured dies in a motor vehicle accident. These are contract-specific and paid directly to named beneficiaries.
Most insurance companies require proof of death caused by the truck or car accident, proper documentation, and timely submission for a successful claim.
Our Melbourne wrongful death attorneys can assist with reviewing policy limits, the legal process, handling delays from insurance adjusters, and pursuing full and fair compensation. We offer a free case evaluation to discuss the legal process and the best legal options when dealing with insurance companies.
Life Insurance Death Benefits
Life insurance death benefits provide financial compensation to beneficiaries after a person’s death, regardless of fault. These are separate from seeking compensation through a wrongful death claim or personal injury lawsuit. When a family member is killed because of someone else’s negligence, the family may receive proceeds in addition to taking wrongful death action.
A Melbourne wrongful death lawyer can help families review policies, communicate with insurers, and ensure that timely payments are made. If a Melbourne insurance claim dispute arises, the attorneys from our law firm can help resolve the matter and secure the financial security the family is entitled to under Florida law.
Workers’ Compensation Death Benefits
When a fatal accident occurs on the job, the state’s workers’ comp system provides death benefits to the victim’s family. These typically include up to $7,500 for funeral costs, up to two-thirds of the victim’s average earnings (capped at $150,000 total), and tuition costs for spouses through Florida educational institutions.
If the employer or insurance company denies or delays paying, a Melbourne wrongful death attorney from our law firm can assist with the wrongful death claim, identifying all liable parties, taking legal action, and working to get the financial support the family deserves.
File a Wrongful Death Lawsuit Against Liable Parties
Under Florida law, personal injury attorneys cannot bring the lawsuit in their own name; only the personal representative can file the wrongful death suit. However, our Melbourne wrongful death lawyers provide personalized attention and play a vital role on behalf of plaintiffs, identifying all liable parties, gathering necessary evidence, and guiding the representative through the legal process.
From filing the petition in Brevard County court to handling negotiations or taking the wrongful death claim to trial, our wrongful death lawyers in Melbourne, FL, provide skilled legal representation and ensure everything complies with Florida law.
Negotiating Settlements vs Bringing Wrongful Death Suits to Court
In most cases, insurance companies will attempt to come to a resolution through settlement negotiations. While negotiating settlements can offer faster pay, it may not reflect the full case value. Our Melbourne wrongful death lawyer group can calculate the potential value and negotiate with insurance adjusters and other lawyers involved, working to reach a fair settlement.
However, when the parties responsible refuse to take responsibility for negligent acts or their insurance company fails to provide a fair settlement offer for the wrongful act, the personal representative or attorney providing legal representation may bring the wrongful death lawsuit to court. Taking wrongful death action allows our lawyers to present evidence, bring expert testimonies, and seek justice and the financial stability the family deserves through a jury verdict.
When settlement talks break down, our Melbourne wrongful death attorneys are prepared to litigate in court trials.
Contact Our Wrongful Death Lawyers in Melbourne, FL, For a Free Consultation
The Melbourne wrongful death lawyer team at Platt, Cole, Russell & Simpson PLLC is committed to helping families in Brevard County hold at-fault parties liable after a tragic loss. We handle every case with focus, urgency, and personalized attention. Call 321-725-3425 or submit a request through our contact form for a free consultation.