Wrongful Death Attorney in Inverness
When the unthinkable happens and you lose a loved one due to someone else’s negligence in Inverness, you need a wrongful death attorney who understands both the profound grief your family is experiencing and the complex legal challenges of pursuing justice in your Citrus County community. At Lowman Law Firm, our Inverness wrongful death lawyers have been fighting for the rights of grieving families for over two decades, providing compassionate representation to navigate the intricate world of Florida’s Wrongful Death Act, estate proceedings, and the pursuit of fair compensation that can never replace your loved one but can provide financial security for your family’s future.
Our Inverness office, conveniently located at 508 W Main St, Inverness, FL 34450, serves as your local headquarters for comprehensive wrongful death legal services. With Inverness’s aging population, dangerous traffic corridors like US Highway 41 throughout Citrus County, and the tragically high number of preventable deaths from car accidents, medical malpractice, and other negligent acts, wrongful death cases require specialized knowledge, aggressive advocacy, and the compassionate understanding that comes from being part of your community.
Understanding Your Rights Under Florida’s Wrongful Death Act
Florida’s Wrongful Death Definition
Under Florida law, a wrongful death occurs when a person dies due to “the wrongful act, negligence, default, or breach of contract or warranty” of another party. This includes deaths caused by car accidents, medical malpractice, workplace accidents, defective products, nursing home neglect, and other preventable circumstances where someone else’s actions or inactions directly caused your loved one’s death.
Who Can File a Wrongful Death Lawsuit
Unlike many states, Florida requires that only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The personal representative acts on behalf of the estate and all surviving family members who may be entitled to compensation. This legal requirement makes it crucial to work with an attorney who understands both wrongful death law and estate administration procedures.
Who Can Recover Damages
Florida law identifies specific family members who are eligible to receive compensation from a successful wrongful death claim:
- Surviving Spouse: Can recover for loss of support, services, companionship, and mental pain and suffering
- Minor Children: Can recover for loss of parental support, services, and guidance
- Adult Children: Can recover for mental pain and suffering if there is no surviving spouse
- Parents: Can recover for mental pain and suffering when an adult child dies, or full damages when a minor child dies
- Other Dependents: Blood relatives or adoptive siblings who were partially or wholly dependent on the deceased
Statute of Limitations
You have two years from the date of death to file a wrongful death lawsuit in Florida (reduced from four years in March 2023). However, there is an important exception: if the death resulted from murder or manslaughter, the lawsuit can be filed at any time, even if no criminal charges have been filed. Given the complexity of wrongful death cases and the need for immediate investigation, it’s crucial to contact an attorney as soon as possible after your loved one’s death.
Modified Comparative Negligence System
As of March 2023, Florida follows a modified comparative negligence system. This means that if your loved one was partially at fault for the incident that caused their death, your recovery may be reduced by their percentage of fault. However, if they were more than 50% at fault, no recovery is possible. An attorney can help protect your family’s rights by thoroughly investigating the circumstances and minimizing any claims of fault against your loved one.
Immediate Steps After a Wrongful Death in Inverness
When facing the sudden loss of a loved one due to negligence, taking the right legal steps can significantly impact your family’s ability to seek justice and financial recovery:
- Seek Medical Documentation: Obtain all medical records, autopsy reports, and documentation related to your loved one’s death
- Preserve Evidence: Keep all personal belongings, clothing, and items from the scene in their original condition
- Document the Scene: If applicable, take photographs of accident scenes, medical equipment, or other relevant evidence
- Gather Witness Information: Collect names and contact information from anyone who witnessed the incident
- Report the Death: Ensure proper authorities have been notified and reports have been filed
- Contact Insurance Companies: Notify relevant insurance providers, but avoid giving detailed statements without legal representation
- Preserve Financial Records: Gather documentation of your loved one’s income, benefits, and financial contributions to the family
- Avoid Signing Documents: Don’t sign any releases or settlements from insurance companies or other parties
- Begin Estate Proceedings: Work with the probate court to establish a personal representative for the estate
- Contact Our Office: Call (352) 617-7777 for immediate legal guidance and support
Learn more about what if a loved one was killed as the result of an auto accident and everything you need to know about wrongful death claims in Florida.
Common Causes of Wrongful Death in Inverness
Understanding the leading causes of preventable deaths in our community helps illustrate the importance of holding negligent parties accountable:
Motor Vehicle Accidents
Car accidents represent the highest frequency of wrongful death cases in Florida. With over 2,500 traffic-related deaths annually in Florida and dangerous corridors like US Highway 41 running through Citrus County, automobile accidents involving distracted driving, drunk driving, speeding, and reckless behavior tragically claim too many lives in our community.
Medical Malpractice
Studies show that 90% of all medical malpractice lawsuits involve either wrongful death or permanent disability caused by negligence. Medical errors, misdiagnosis, surgical mistakes, medication errors, and failure to properly monitor patients can result in preventable deaths at hospitals and medical facilities throughout Citrus County.
Nursing Home Neglect and Abuse
With Inverness’s significant elderly population, nursing home neglect and abuse cases unfortunately occur when facilities fail to provide adequate care, leading to deaths from dehydration, malnutrition, untreated medical conditions, falls, and medication errors.
Workplace Accidents
Construction accidents, industrial incidents, and other workplace fatalities can occur when employers fail to maintain safe working conditions, provide proper training, or follow safety regulations designed to protect workers.
Defective Products
Defective automobiles, medical devices, medications, and consumer products can cause fatal injuries when manufacturers fail to properly design, test, or warn consumers about known dangers.
Premises Liability
Property owners who fail to maintain safe conditions can be held liable for deaths caused by slip and falls, drowning accidents, fires, security failures, and other dangerous conditions on their premises.
Drunk Driving Accidents
Intoxicated drivers who cause fatal accidents face both criminal charges and civil wrongful death lawsuits, providing families with multiple avenues for seeking justice and compensation.
Boating Accidents
With Florida’s extensive waterways and Citrus County’s access to the Gulf of Mexico, boating accidents caused by operator negligence, equipment failure, or unsafe conditions can result in preventable drowning deaths.
Read about 8 examples of wrongful death cases and 3 things to keep in mind about wrongful death claims in Florida.
Types of Compensation Available
While no amount of money can replace your loved one, Florida’s Wrongful Death Act provides several types of damages to help families recover financially and move forward:
Economic Damages
- Lost earnings and benefits your loved one would have provided throughout their lifetime
- Lost business or pension benefits
- Medical expenses related to your loved one’s final injury or illness
- Funeral and burial expenses
- Estate administration costs
- Value of services your loved one provided to the family
Non-Economic Damages
- Mental pain and suffering for eligible family members
- Loss of companionship, comfort, and protection
- Loss of parental guidance and instruction for children
- Loss of consortium for surviving spouses
- Grief and emotional distress
Florida recently eliminated caps on non-economic damages in wrongful death cases, meaning families can now recover full compensation for their pain and suffering without arbitrary limits.
Punitive Damages
In cases involving particularly reckless, intentional, or egregious conduct, courts may award punitive damages designed to punish the wrongdoer and deter similar behavior in the future.
Survival Action Damages
Florida’s wrongful death statute also includes survival action claims, which allow recovery for:
- Your loved one’s pain and suffering before death
- Medical expenses incurred before death
- Lost earnings from the time of injury until death
Learn more about types of damages you can recover in a personal injury case and top 5 facts about wrongful death.
The Emotional Impact of Wrongful Death
Losing a loved one suddenly and unexpectedly creates profound grief that affects every aspect of your life:
Immediate Shock and Disbelief
The sudden nature of wrongful death often leaves families struggling to process what happened and understand how their lives have been forever changed by someone else’s negligence.
Financial Stress
Beyond the emotional devastation, families often face immediate financial pressures from medical bills, funeral expenses, and the loss of their loved one’s income and benefits.
Long-Term Emotional Trauma
Wrongful death can result in post-traumatic stress disorder, depression, anxiety, and other mental health challenges that may require professional counseling and support.
Family Dynamics Changes
The loss of a family member fundamentally changes family relationships and dynamics, requiring adjustment and support for all surviving family members, especially children.
Anger and Desire for Justice
Many families experience anger toward the parties responsible for their loved one’s death and a strong desire to ensure justice is served and that similar tragedies are prevented.
Read about how long do wrongful death cases take and understand that while the legal process takes time, pursuing justice can be an important part of the healing process.
We’re Your “Inverness Wrongful Death Lawyer Near Me”
Why Choose Local Inverness Representation
Selecting an Inverness-based wrongful death attorney provides significant advantages during this difficult time:
- Community Understanding: We understand the local factors that contribute to wrongful deaths in Citrus County and have relationships with local medical professionals, law enforcement, and expert witnesses
- Compassionate Accessibility: Our convenient Main Street location makes it easy to meet with your legal team without the stress of long-distance travel during your time of grief
- Local Court Knowledge: We’re familiar with local judges, court procedures, and the legal practices specific to Citrus County, which can benefit your case
- Community Investment: As community members, we’re committed to improving safety and holding negligent parties accountable to prevent similar tragedies
- Personal Attention: We treat every family with the compassion and personal attention they deserve during this devastating time
Learn more about why hire Lowman Law Firm as your personal injury attorney and how to select the right personal injury lawyer.
Understanding Wrongful Death Case Complexities
Wrongful death cases present unique legal challenges that require specialized knowledge and compassionate handling. These cases involve complex interactions between wrongful death statutes, estate law, insurance policies, and often multiple liable parties. The emotional toll on families makes it crucial to have attorneys who understand both the legal complexities and the human impact of these tragic losses.
Florida’s Wrongful Death Act consolidates what were previously separate survival and wrongful death claims into a unified legal action, allowing families to seek comprehensive compensation for all losses resulting from their loved one’s death. This includes both the economic impact on the family and the intangible losses like companionship and guidance that can never be replaced.
The investigation of wrongful death cases often requires coordination with medical professionals, accident reconstruction experts, economists, and other specialists who can help establish liability and quantify the full extent of your family’s losses. Insurance companies and defendants often try to minimize these claims, making aggressive legal representation essential for protecting your family’s rights.
The statute of limitations for wrongful death cases has been shortened to two years, making immediate action crucial for preserving your family’s legal rights and ensuring that critical evidence is preserved before it’s lost or destroyed.
If you’re interested in learning more about personal injury law and safety, read our blog posts about how long do personal injury claims take to settle and 10 little-known factors that could affect your personal injury case.
Our Inverness Wrongful Death Case Process
Compassionate Initial Consultation
We offer comprehensive consultations in a comfortable, private setting to discuss your case and explain your legal options under Florida’s wrongful death law. During this meeting, we’ll review the circumstances of your loved one’s death, assess potential claims, and outline the legal process ahead.
Immediate Investigation and Evidence Preservation
Our legal team moves quickly to preserve critical evidence before it disappears, including securing medical records, accident reports, witness statements, surveillance footage, and expert analysis of the scene or circumstances of death.
Estate Administration Coordination
We work closely with probate attorneys and the court system to ensure a personal representative is properly appointed and that all estate proceedings are coordinated with the wrongful death lawsuit.
Thorough Investigation
We conduct detailed investigations specific to wrongful death cases, including consulting with medical experts, accident reconstruction specialists, financial analysts, and other professionals needed to build the strongest possible case.
Expert Witness Development
Wrongful death cases often require testimony from medical professionals, economists, life care planners, and other experts to establish liability and demonstrate the full extent of your family’s losses.
Insurance and Settlement Negotiations
We handle all communications with insurance companies and opposing parties, protecting your family from tactics designed to minimize claims and ensuring you understand all settlement offers before making any decisions.
Trial Preparation and Litigation
We’re always prepared to take wrongful death cases to trial when fair settlements cannot be reached. Our courtroom experience with these emotionally challenging cases ensures your family’s story is told effectively to a jury.
Special Considerations for Inverness Wrongful Death Cases
Elderly Population Vulnerabilities
Inverness’s significant elderly population creates unique wrongful death challenges, including cases involving nursing home neglect, medical malpractice affecting seniors, and accidents involving elderly drivers who may be more vulnerable to fatal injuries.
Tourist-Related Incidents
Tourists visiting Citrus County attractions may be involved in wrongful death cases that require investigation of out-of-state parties, vacation rental properties, or tourism-related businesses that failed to maintain safe conditions.
Rural Emergency Response
Some areas around Inverness may have longer emergency response times, which can be a factor in wrongful death cases where prompt medical attention might have prevented a fatality.
Local Healthcare Facilities
Medical malpractice cases involving local hospitals and healthcare providers require understanding of local medical standards of care and the specific challenges facing healthcare in smaller communities.
Seasonal Population Changes
Florida’s seasonal population changes can affect traffic patterns, healthcare demand, and emergency services, potentially contributing to wrongful death incidents during peak tourist seasons.
Frequently Asked Questions About Inverness Wrongful Death Cases
What if we can’t afford a wrongful death attorney?
We work exclusively on a contingency fee basis – you pay no attorney fees unless we successfully recover compensation for your case. We understand that financial concerns should never prevent families from seeking justice for their loved ones. Learn about 5 reasons you need to hire a personal injury attorney for complex wrongful death cases.
How long do wrongful death cases take?
Case timelines vary depending on the complexity of the case, the need for expert witnesses, and the cooperation of opposing parties. Most wrongful death cases take between 12 months to 3 years to resolve, with settlements often reached more quickly than cases that go to trial.
What if there was no will or estate planning?
Even if your loved one died without a will, the court can appoint a personal representative to handle estate matters and file the wrongful death lawsuit. We can help guide you through this process and work with probate attorneys as needed.
Can we sue if criminal charges are also pending?
Yes, wrongful death lawsuits are civil matters that are separate from any criminal proceedings. You can pursue a wrongful death claim even if criminal charges are pending, and the outcomes of criminal and civil cases are independent of each other.
What if our loved one was partially at fault?
Under Florida’s modified comparative negligence system, you may still recover compensation even if your loved one was partially at fault, as long as they were less than 50% responsible for the incident that caused their death.
How is the value of a wrongful death case determined?
The value depends on many factors including your loved one’s age, income, life expectancy, health, the nature of their relationship with family members, and the circumstances of their death. Settlement amounts in Florida typically range from $1 million to $35 million, depending on the specific circumstances.
What if the responsible party doesn’t have insurance?
Even without insurance, responsible parties can still be held liable for wrongful death. We investigate all potential sources of compensation, including business policies, professional liability coverage, and personal assets of negligent parties.
Why Inverness Residents Trust Lowman
- County Seat Advantage, Local Expertise – Being located in the county seat provides our firm with unique advantages for our clients. Our proximity to Citrus County courts at 110 North Apopka Avenue means we understand local legal procedures intimately, and our attorneys regularly appear before the judges who will hear your case. This courthouse familiarity can significantly impact case outcomes and settlement negotiations. Inverness’s position as the county seat also means it serves as a transportation hub, with US-41 and State Road 44 intersecting right in the heart of downtown. The recent widening of US-41 from SR 44 to the Withlacoochee State Trail bridge from two lanes to four lanes has created new traffic patterns and construction zone hazards that our attorneys understand and address in accident cases.
- Two Decades of Excellence in Personal Injury Law – With over 20 years serving Citrus County residents, our firm has successfully handled hundreds of personal injury cases, recovering millions of dollars in compensation for injured clients. We’ve represented everyone from longtime Inverness residents to visitors exploring the Withlacoochee State Trail, always ensuring that each client receives the individual attention they deserve.
- Understanding Our Community’s Unique Demographics – Inverness has a median age of 56 years, with many residents being retirees who chose to make this beautiful area their home. Our attorneys understand the special considerations that come with representing older adults, including fixed incomes, pre-existing medical conditions, and the heightened impact that injuries can have on independence and quality of life.
Contact Our Inverness Wrongful Death Attorneys
If you’ve lost a loved one due to someone else’s negligence in Inverness or anywhere in Citrus County, don’t delay seeking legal representation. With Florida’s shortened two-year statute of limitations and the critical importance of immediate investigation and evidence preservation, time is essential for protecting your family’s rights and building the strongest possible case for justice.
Lowman Law Firm – Inverness Office
508 W Main St
Inverness, FL 34450
Phone: (352) 617-7777
We’re available 24/7 to discuss your case and provide the compassionate, skilled legal representation your family needs during this difficult time. Contact us today for your free consultation – remember, you pay nothing unless we win your case.
At Lowman Law Firm, we understand that nothing can bring back your loved one or ease the pain of your loss. However, we also know that holding negligent parties accountable can provide a sense of justice and help prevent similar tragedies from happening to other families. We’re committed to fighting tirelessly for your family’s rights and ensuring that your loved one’s life is honored through the pursuit of justice. Our 20+ years of personal injury law has taught us that while we cannot undo the past, we can help families secure their financial future and find some measure of closure through the legal process.
Contact our Inverness office today and let us put our decades of wrongful death experience to work for your family during this incredibly difficult time. We’ll handle the legal complexities while you focus on grieving, healing, and supporting each other through this tragedy.
For additional information about personal injury law, visit our personal injury resources page or read our blog for helpful articles about legal rights and safety. You can also learn more about should I get a personal injury attorney and review our frequently asked questions.
