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Wrongful Death

Wrongful Death

The loss of a loved one is difficult no matter what the cause. However, an unexpected death caused by negligent or reckless actions by others is all the more heartbreaking. Unfortunately, at Alba & Straile PLLC, we have witnessed far too often the devastation that occurs following the tragic fatality of a family member or spouse.

We believe that a wrongful death victim would want their loved ones to seek justice and the compensation deserved for their loss. They would want their family treated with respect and compassion. Finally, they would want their life celebrated for its total value and justice obtained against the person who caused their death.

At Alba & Straile PLLC, our attorneys make it their personal objective to win fair and just compensation for our clients. We seek out every possible source of funds to accomplish this goal. Insurance companies will do their best to de-value the financial worth of a wrongful death claim. We take the appropriate steps to maximize the insurance company’s “perceived” value of a loved one’s life. Through our diligence and aggressive representation, we can keep such insurance company tactics to a minimum.

Just a few of the types of Wrongful Death cases are:

  • Automobile Collision
  • Automobile Rollover
  • Defective Products
  • Vehicle Component Defect
  • Boating accident
  • Premises Liability
  • Medical Malpractice
  • Nursing Home Negligence
  • Motorcycle Accident
  • Bicycle Accident
  • Pedestrian Accident
  • Trucking Collisions
  • Workplace accident

The Florida Wrongful Death Act

A wrongful death action is a unique type of lawsuit under the broader category of personal injury. It allows certain family members of the deceased to seek recovery for the loss of their loved one. Most states, Florida included, have laws that govern wrongful death actions.

 Pursuant to Florida Statute § 768.19, commonly referred to as the Florida Wrongful Death Act is:

“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”

As provided by Florida statute, recovery for damages may be available, whether the fatality resulted from civil negligence, criminal negligence, or a combination of both. Common examples of wrongful death actions include accidents involving motorists, pedestrians, or bicyclists. A claimant may also bring legal action against a nursing home, hospital, or doctor for matters involving abuse, neglect, medical malpractice, or other wrongful acts. Workplace accidents and boating accidents are additional types of wrongful death actions. In other cases, recovery for wrongful death may be sought if a consumer is killed due to a defective product or where a product failed to provide appropriate instruction or warning.

The examples of wrongful death actions provided herein do not encompass an exhaustive list. A wide array of scenarios may occur that can entitle the deceased’s family to recovery. The wrongful death attorneys at Alba & Straile PLLC can evaluate your case and discuss your legal rights and options.

Compensation for your Losses

Aside from damages for harm associated with psychological, mental, and emotional trauma, there are immediate concerns such as funeral expenses, financial support for your family, and handling life insurance policy claims. That is why our wrongful death attorneys offer clients free assistance with life insurance claim applications, in addition to representation for your wrongful death action.

Contact Alba & Straile PLLC for Questions and Concerns regarding Wrongful Death Claims

With over three decades of combined experience, our attorneys possess the experience and sensitivity to understand that you are going through an immensely challenging time.  We are focused on client results and committed to providing our clients with compassion, attention to detail, and ease of attorney accessibility. If you suspect that your loved one was killed due to another’s negligent or reckless act, it is essential that you seek legal consultation as soon as possible following the incident. There may be time limits associated with the right to recover for your losses. Contact Alba & Straile at (352) 371-9141 to schedule a consultation today.