Losing a loved one is never easy, but when that loss results from someone else’s negligence or wrongful conduct, the grief is compounded by feelings of anger, confusion, and injustice. At Lowman Law Firm, our Beverly Hills wrongful death attorneys understand the profound pain you’re experiencing, and we’re here to help your family seek justice and financial security during this devastating time.
Our Crystal River office, conveniently located at 600 SE US Hwy 19, Crystal River, FL 34429, serves Beverly Hills families navigating the legal complexities that follow tragic losses. While no amount of money can replace your loved one, a wrongful death claim can provide accountability for those responsible and financial support for your family’s future.
The Devastating Impact of Preventable Deaths
Behind every wrongful death statistic is a family suddenly left with grief, medical bills, funeral expenses, and lost income. Understanding the scope of preventable deaths helps families recognize when they may have legal grounds for a wrongful death claim.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and national safety organizations:
- Florida recorded over 2,648 traffic fatalities in 2024, ranking third in the nation for fatal car accidents
- More than 46,000 people die annually in preventable motor vehicle crashes nationwide
- An estimated 98,000 deaths occur each year due to medical misdiagnosis and surgical errors
- Over 7,000 deaths annually result from medication errors
- Almost 20,000 fatalities occur as a result of slip and fall accidents
- Approximately 6,000 workplace fatalities occur annually from commercial vehicle accidents, falls, exposure to harmful substances, and other preventable causes
- Over 40% of traffic fatalities involve drunk driving or DUI
In Citrus County, traffic accidents, medical incidents, and other preventable causes claim lives every year. Each of these deaths represents a family whose lives have been forever changed—and many of these families have legal options they may not be aware of.
Understanding Florida’s Wrongful Death Act
Florida Statute § 768.19 establishes the legal framework for wrongful death claims. Under Florida law, a wrongful death occurs when someone dies due to the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. If the deceased could have filed a personal injury lawsuit had they survived, their family may have grounds for a wrongful death claim.
Who Can File a Wrongful Death Claim?
Under Florida law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This representative acts on behalf of all eligible beneficiaries, who may include:
- Surviving Spouse: Often the primary beneficiary, a spouse may recover damages for loss of support, services, companionship, and mental pain and suffering
- Minor Children: Children under 25 may recover for lost parental companionship, instruction, guidance, and mental pain and suffering
- Adult Children: May recover certain damages, particularly if there is no surviving spouse
- Parents: May recover damages for the death of a minor child, or for an adult child if there are no other survivors
- Other Dependents: Blood relatives or adoptive siblings who were financially dependent on the deceased may also be eligible
Statute of Limitations
Florida law generally requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline can permanently bar your family from seeking compensation. However, there are exceptions—wrongful death claims resulting from murder or manslaughter can be filed at any time, even if criminal charges haven’t been filed. Given these strict deadlines, consulting with an attorney promptly after a loved one’s death is essential.
Types of Wrongful Death Cases We Handle
Our Beverly Hills wrongful death attorneys handle cases arising from various types of negligence and wrongful conduct:
Motor Vehicle Accidents
Car, truck, motorcycle, and pedestrian accidents represent the largest category of wrongful death cases in Florida. These tragedies often result from drunk driving, distracted driving, speeding, or other forms of negligence. Learn more about our auto accident and motorcycle accident services.
Trucking Accidents
Commercial truck accidents are often fatal due to the massive size and weight differences between trucks and passenger vehicles. Federal regulations govern the trucking industry, and violations of these rules can establish liability. Learn more about our trucking accident representation.
Medical Malpractice
When healthcare providers fail to meet accepted standards of care, resulting in a patient’s death, families may have grounds for a wrongful death claim. These cases often involve misdiagnosis, surgical errors, medication mistakes, failure to diagnose serious conditions, or birth injuries.
Workplace Accidents
Construction accidents, industrial incidents, and other workplace deaths may give rise to wrongful death claims beyond workers’ compensation benefits, particularly when third parties or employer negligence contribute to the tragedy.
Premises Liability
Fatal accidents on someone else’s property—including slip and fall accidents, drowning incidents, or deaths caused by dangerous conditions—can result in wrongful death liability for property owners.
Defective Products
Defective products, from faulty automotive components to dangerous pharmaceuticals, can cause fatal injuries that give rise to wrongful death claims against manufacturers, distributors, and retailers.
Nursing Home Abuse and Neglect
Given Beverly Hills’ significant retirement community population, nursing home wrongful death cases are unfortunately common. Elder abuse, neglect, and substandard care can result in preventable deaths of vulnerable residents.
Boating Accidents
Florida’s waterways create risks for fatal boating accidents, drowning incidents, and other water-related deaths. In 2024, Florida recorded 81 boating fatalities, with alcohol use being the leading cause. Learn more about our boat accident services.
Inadequate Security
When inadequate security leads to fatal criminal attacks, property owners may bear liability for failing to protect visitors and residents from foreseeable dangers.
Damages Available in Florida Wrongful Death Cases
Under Florida Statute § 768.21, wrongful death damages are divided between what the estate may recover and what individual survivors may recover:
Estate Damages (Recovered by Personal Representative)
- Loss of earnings of the deceased from the date of injury to the date of death
- Loss of prospective net accumulations of the estate
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
Survivor Damages
- Surviving Spouse: Loss of support and services, loss of companionship and protection, mental pain and suffering
- Minor Children: Lost parental companionship, instruction, and guidance; mental pain and suffering
- Parents of Minor Children: Mental pain and suffering
- All Survivors: Loss of support and services the deceased would have provided
Important Limitations
Florida law places certain restrictions on wrongful death damages. Adult children over 25 can only recover for mental pain and suffering if there is no surviving spouse. In medical malpractice wrongful death cases, adult children cannot recover for lost parental companionship or mental pain and suffering.
Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit, your attorney must establish:
- Duty of Care: The defendant owed your loved one a duty to act reasonably and safely
- Breach of Duty: The defendant failed to meet this duty through negligent or wrongful conduct
- Causation: The breach of duty directly caused or substantially contributed to your loved one’s death
- Damages: You and other survivors have suffered measurable losses as a result of the death
The standard of proof in civil wrongful death cases is “preponderance of the evidence”—meaning it’s more likely than not that the defendant’s negligence caused the death. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases, which is why civil wrongful death cases can succeed even when criminal charges aren’t filed or result in acquittal.
Immediate Steps After a Wrongful Death
When a loved one dies due to another’s negligence, families face overwhelming emotional and legal challenges. Taking the right steps immediately can help protect your family’s rights:
- Seek Legal Guidance Immediately: Contact (352) 796-0016, (352) 540-7777, (352) 437-7777, (352) 651-1111, or (352) 617-7777 for immediate consultation
- Preserve All Evidence: Document the scene, keep medical records, maintain accident reports
- Avoid Giving Statements: Don’t provide recorded statements to insurance companies without legal representation
- Open Probate Proceedings: Begin the process of appointing a personal representative
- Gather Financial Documents: Collect tax returns, pay stubs, and other evidence of the deceased’s earnings
- Document Family Relationships: Gather marriage certificates, birth certificates, and dependency records
- Preserve the Scene: If possible, ensure accident scenes or dangerous conditions are photographed and preserved
- Notify Relevant Parties: Contact employers, insurance companies, and government agencies as appropriate
Learn more about what if a loved one was killed as the result of an auto accident and 8 examples of wrongful death cases.
How Lowman Law Firm Can Help You After An Accident
Working with Insurance Companies in Wrongful Death Cases
Insurance companies often become involved in wrongful death cases, and their interests rarely align with those of grieving families. Understanding how to handle these relationships protects your rights and maximizes recovery.
Multiple Insurance Policies May Apply
- Liability Insurance:Â The at-fault party’s liability insurance provides primary coverage for damages.
- Life Insurance:Â The deceased’s life insurance policy provides benefits separate from wrongful death claims.
- Workers’ Compensation:Â Workplace deaths may involve workers’ compensation benefits in addition to third-party liability.
- Homeowner’s/Property Insurance:Â Premises liability deaths may involve property owner’s insurance coverage.
- Professional Liability:Â Medical malpractice and other professional negligence cases involve specialized liability coverage.
Common Insurance Company Tactics
- Quick Settlement Offers:Â Insurance companies often approach grieving families with fast, low-ball settlement offers before the full extent of damages is understood.
- Disputing Liability:Â Insurers may argue their insured wasn’t at fault or that the deceased contributed to their own death.
- Challenging Damages:Â Companies often dispute the value of lost earnings, question family relationships, or minimize the impact of the loss.
- Delaying Tactics:Â Insurers may drag out investigations or negotiations, hoping families will accept lower settlements due to financial pressure.
How Our Attorneys Protect Families
Our wrongful death attorneys handle all communications with insurance companies, conduct independent investigations, and fight aggressively for maximum compensation. We understand the tactics insurers use and how to counter them effectively while allowing families to focus on grieving and healing.
We’re Your “Beverly Hills Wrongful Death Lawyer Near Me”
Our Beverly Hills Wrongful Death Case Process
Compassionate Consultation
We understand that discussing your loved one’s death is painful. Our initial consultations are conducted with sensitivity and care. We’ll listen to your story, answer your questions, and explain your legal options without pressure. Get your free case evaluation today.
Estate Administration Guidance
If a personal representative hasn’t been appointed, we can guide you through the process of establishing one so your wrongful death claim can proceed. We work with probate attorneys when necessary to ensure all legal requirements are met.
Thorough Investigation
We conduct comprehensive investigations to establish liability, gathering evidence such as accident reports, medical records, witness statements, expert opinions, and any other documentation that supports your claim.
Identifying All Beneficiaries
Florida law requires all potential beneficiaries to be identified in the wrongful death complaint. We ensure that every eligible family member’s losses are documented and included in the claim.
Calculating Full Damages
We work with economists, vocational experts, and other professionals to calculate the full extent of your family’s losses, including future support and services your loved one would have provided.
Negotiation and Litigation
We negotiate aggressively with insurance companies and defendants while preparing your case for trial if necessary. Our reputation for thorough preparation strengthens our negotiating position.
Special Considerations for Beverly Hills Wrongful Death Cases
Retirement Community Demographics
With over 55% of Beverly Hills residents aged 65 and older, wrongful death cases often involve senior citizens. These cases may involve unique considerations such as nursing home negligence, medical malpractice, and the particular vulnerability of elderly individuals.
Healthcare Facility Incidents
Beverly Hills residents rely on various healthcare facilities throughout Citrus County. When medical negligence results in death, families deserve answers and accountability.
Traffic Fatalities
The roadways serving Beverly Hills—including CR-491, US-41, and US-19—see regular traffic that unfortunately results in fatal accidents. Our attorneys have extensive experience with motor vehicle wrongful death cases.
Nursing Home Deaths
Nursing home abuse and neglect cases are unfortunately common in retirement communities. These cases may involve falls, medication errors, infections due to poor care, malnutrition, dehydration, or failure to provide necessary medical treatment.
Frequently Asked Questions About Beverly Hills Wrongful Death Cases
How long do I have to file a wrongful death lawsuit?
Florida’s statute of limitations is generally two years from the date of death. However, exceptions exist for deaths resulting from murder or manslaughter. Given strict deadlines, consulting an attorney promptly is essential.
Can I file a wrongful death lawsuit if criminal charges weren’t filed?
Yes. Wrongful death is a civil matter, separate from criminal prosecution. The standard of proof is lower in civil cases, and you can pursue a wrongful death claim regardless of whether criminal charges were filed or resulted in conviction.
Who receives the compensation from a wrongful death settlement?
The personal representative distributes the recovery to eligible beneficiaries according to Florida law. Different beneficiaries may receive different types of damages based on their relationship to the deceased.
What if my loved one was partially at fault for their death?
Under Florida’s modified comparative negligence system, you may still recover damages if your loved one was less than 51% at fault. The recovery would be reduced by their percentage of fault. Read about how partial fault works in Florida.
Can I file a wrongful death claim if my loved one had a pre-existing condition?
Yes. Under Florida’s “eggshell plaintiff” rule, defendants take victims as they find them. If negligence accelerated or worsened a pre-existing condition leading to death, you may still have a valid wrongful death claim.
What’s the difference between a wrongful death lawsuit and a survival action?
A wrongful death lawsuit compensates survivors for their losses. A survival action allows the estate to recover damages the deceased could have claimed had they survived, such as pain and suffering before death (with some limitations in Florida).
How much does a wrongful death attorney cost?
We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. This allows grieving families to pursue justice without financial barriers.
Why Beverley Hill Residents Trust Lowman
- Statewide Knowledge, Local Expertise –As longtime members of the Citrus County community, we understand the unique challenges facing Beverly Hills residents. From the busy County Road 491 corridor connecting Beverly Hills to Lecanto and US-41, to the residential streets throughout this planned retirement community, our attorneys know the local landscape and the risks our neighbors face every day. With Florida ranking among the nation’s leaders in personal injury incidents and Citrus County seeing its share of preventable accidents, local legal representation is more important than ever.
- Two Decades of Excellence – Our firm’s 20+ years in personal injury law has resulted in millions of dollars recovered for injured Citrus County residents. We’ve helped countless families rebuild their lives after devastating accidents, always treating each client as a valued neighbor rather than just another case.
- Personalized, Compassionate Representation – At Lowman Law Firm, we handle every aspect of your personal injury case, from initial investigation through final resolution. Our goal is to allow you to focus on healing while we handle the complex legal and insurance issues that arise after an accident.
Contact Our Beverly Hills Wrongful Death Attorneys
If you’ve lost a loved one due to someone else’s negligence in Beverly Hills or anywhere in Citrus County, we’re here to help. While no legal action can undo your loss, a wrongful death claim can provide accountability and financial security for your family’s future.
Lowman Law Firm – Crystal River Office
600 SE US Hwy 19
Crystal River, FL 34429
Phone: (352) 651-1111
We’re available 24/7 to discuss your wrongful death case and provide the compassionate, skilled legal representation your family deserves. Contact us today for your free consultation – remember, you pay nothing unless we win your case.
At Lowman Law Firm, we understand that the loss of a loved one changes everything. We’re here to help you navigate the legal process, hold negligent parties accountable, and secure your family’s future. Contact our Crystal River office today and let us put our 20+ years of knowledge to work for your family.
For additional information about wrongful death claims and legal rights, visit our personal injury resources page or read our blog. You can also learn more about whether you need a personal injury attorney and review our frequently asked questions.
