Daytona Beach Wrongful Death Lawyer
Are you struggling to cope with the sudden loss of a loved one due to someone else’s actions in Daytona Beach, Florida? Losing a family member is hard enough without having to face financial challenges, unanswered questions, and legal concerns. A wrongful death claim can provide some relief and the opportunity to hold the responsible party accountable.
At Zimmet & Zimmet, we understand how overwhelming situations like this can be, and we’re here to help. Our attorneys can work with you to demand the compensation your family deserves while you focus on healing. Reach out to us today for a free initial consultation with a wrongful death lawyer in Daytona Beach. Let’s discuss how we can support you through this difficult process.
How Can a Daytona Beach Wrongful Death Attorney Help Me and My Family?
Filing a wrongful death claim in Daytona Beach can be challenging, especially when dealing with insurance companies determined to undervalue or reject your claim. Insurers often employ tactics to minimize payouts, hoping you will accept a low settlement out of desperation or abandon your case entirely. They might try to shift blame or argue that your loved one’s actions contributed to the incident to reduce their financial responsibility. Without strong legal support, it’s easy to get overwhelmed by these tactics. This is why working with a skilled attorney is essential. A lawyer knows how to counteract these strategies and fight for fair compensation on your behalf.
An experienced Daytona Beach wrongful death attorney can also provide support through each step of the claims process. They can gather evidence, consult with experts, and build a solid legal case to protect your family’s rights. A lawyer also understands how insurance companies operate and how the law applies to a wrongful death case in Florida. They can explain your options every step of the way and work to secure the compensation you deserve for your loss. Having a dedicated advocate by your side is the best way to avoid being taken advantage of during this difficult time.
At Zimmet & Zimmet, we’ve been helping injury victims and their families in Daytona Beach since 1975. Our Florida wrongful death lawyers approach every case with a client-first attitude, meaning we genuinely care about you as our client and focus our attention on your best interests. Unlike some firms that prioritize profit over people, we take the time to get to know you and understand the impact your loss has had. We’re not just here to handle the legal process. Our goal is to help you move forward and demand accountability for your loved one.
Whether you want to avoid setting foot in court or need someone ready to go before a judge, Zimmet & Zimmet is here to fight for justice on your behalf.
What Compensation Could I Recover in a Wrongful Death Claim?
Wrongful death beneficiaries in Florida can recover various types of compensation, including:
- Loss of Support and Services – Each survivor can seek compensation for the loss of the decedent’s financial support and services from the time of injury to the date of death. This includes projected future losses.
- Mental Pain and Loss of Companionship – Spouses can recover compensation for the loss of the deceased’s companionship and protection and for their mental pain and suffering. Minor children, or all children if no surviving spouse exists, can claim compensation for lost parental companionship, instruction, and guidance. Parents can recover compensation for mental pain and suffering if they lose minor children and there are no other survivors.
- Medical and Funeral Expenses – Survivors who personally paid for the decedent’s medical or funeral expenses can claim compensation for these expenses. If these expenses were charged to the decedent’s estate, the estate can seek reimbursement as well.
- Loss of Earnings and Net Accumulations – The estate can recover compensation for the decedent’s lost earnings from the date of injury to the date of death. It can also claim compensation for the value of “net accumulations,” which include the future savings and investments the deceased would have collected had they lived out their expected lifespan. This compensation is available if the decedent leaves a surviving spouse or lineal descendants or if the decedent was an adult who had a surviving parent but no other survivors.
- Legal Fees and Litigation Expenses – Attorneys’ fees and other legal expenses are paid out of the total compensation awarded to the estate and survivors. These fees get deducted proportionally from each party’s share of the total financial recovery.
There are complex laws that surround finding other sources of recovery beyond the at-fault parties’ insurance policy. It is extremely important to hire an experienced lawyer who not only understands how to find other sources of recovery but will leave no stone unturned during the investigation to find them. Many times this is the difference between no recovery and recovering millions of dollars.
How Are Wrongful Death Settlements Paid Out?
Florida wrongful death settlements are meant to benefit the decedent’s survivors and estate, and the distribution is handled by the personal representative. Wrongful death compensation is paid out based on the specifics of the claim and the parties involved as follows:
- Survivors – Compensation for losses related to emotional suffering, companionship, and financial support goes directly to the survivors. Survivors include the spouse, minor children, adult children (in cases with no spouse), and parents (in certain cases).
- The Decedent’s Estate – The estate can receive compensation for lost earnings, net accumulations, and any medical or funeral expenses paid by the estate.
- Creditors – Creditors of the decedent can claim portions of the estate’s recovery under probate law. The estate must first use its portion of the compensation to satisfy outstanding debts before distributing any remaining funds to heirs.
- Protection of Minors and People with Cognitive Impairments – If a minor or an adult with cognitive impairments is among the survivors, the court can appoint a guardian to oversee their portion of the compensation. The funds are typically held until the person reaches adulthood or is capable of managing their share.
What Must I Prove in a Wrongful Death Case?
In a wrongful death claim, you must prove that another party’s actions or inaction directly contributed to your loved one’s death. You must also demonstrate that this loss has financially and emotionally impacted the deceased’s surviving family members. Your wrongful death claim must show a clear link between the wrongful act and your loved one’s death and outline the personal and financial losses the survivors have suffered.
A knowledgeable Daytona Beach wrongful death lawyer from Zimmet & Zimmet can use the following types of evidence to prove your claim:
- Medical Records – Documents showing the cause of death and any related treatments
- Incident Reports – Official reports of the event from police or other authorities
- Witness Testimony – Statements from people who saw or have information about the incident
- Expert Testimony – Opinions from medical, financial, or other experts
- Financial Records – Pay stubs, tax returns, and other documents showing the decedent’s income
- Photos or Videos – Visual evidence from the scene or of the fatal injuries
Who Can File a Wrongful Death Lawsuit in Florida?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Florida. The personal representative files the claim for the benefit of the decedent’s survivors, as outlined in the Florida wrongful death statute. The claim must identify all eligible survivors and the specific types of compensation each party demands. While the personal representative handles the process of filing the claim, the surviving family members receive the compensation based on their specific losses and relationship to the deceased.
What Are the Common Wrongful Death Cases?
Wrongful death cases arise when a person’s life is cut short due to the reckless or harmful actions of another. These cases cover a range of tragic situations, such as:
