Wrongful Death Attorney in Hernando County

When a loved one’s life is cut short due to someone else’s negligence, recklessness, or intentional actions in Hernando County, families face not only overwhelming grief but also complex legal questions about accountability and compensation. At Lowman Law Firm, our Hernando County wrongful death attorneys understand that no amount of money can replace your loved one, but we’re committed to helping families secure the justice and financial stability they need during this devastating time.

Operating from our Brooksville office at 31 S Main St, Brooksville, FL 34601 and our Spring Hill office at 11029 Spring Hill Dr, Spring Hill, FL 34608, we have spent over two decades helping families throughout Hernando County navigate Florida’s wrongful death laws with compassion, skill, and unwavering dedication to achieving justice for those who can no longer speak for themselves.

Understanding Wrongful Death in Florida

Under Florida’s Wrongful Death Act, a wrongful death occurs when a person dies due to the wrongful act, negligence, default, or breach of contract or warranty of another person or entity. This comprehensive law provides surviving family members with legal recourse to seek compensation for their losses when preventable deaths occur.

Florida’s Wrongful Death Act

Florida Statutes Section 768.19 through 768.26 govern wrongful death claims in our state. These laws establish who can file a claim, what damages may be recovered, and the procedures that must be followed to pursue justice for families who have lost loved ones due to others’ negligence.

Statute of Limitations for Wrongful Death Claims

In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. This deadline is strictly enforced by courts, making it crucial to contact an attorney promptly after losing a loved one. However, there are some exceptions to this rule, particularly in medical malpractice cases where the death may not be discovered immediately, or when fraud or concealment is involved.

Common Causes of Wrongful Death in Hernando County

Motor Vehicle Accidents

Traffic fatalities remain one of the leading causes of wrongful death in Hernando County. With Florida reporting over 3,400 traffic fatalities statewide in 2023, our community faces significant risks on busy roads like US Highway 19, State Road 50, and Interstate 75. Car accidents, motorcycle crashes, and truck accidents can all result in wrongful death claims when caused by negligent driving, speeding, distracted driving, or impaired driving.

Hernando County’s mix of rural roads, suburban developments, and tourist areas creates unique risks. Visitors unfamiliar with local roads, construction zones on developing areas, and the county’s aging population (median age 48.1 years) all contribute to accident risks that can result in tragic fatalities.

Medical Malpractice

Medical errors represent the third leading cause of death in the United States, with approximately 250,000 people dying annually from medical mistakes. In Hernando County, with our significant population of older adults who rely heavily on medical care, medical malpractice wrongful death cases can involve:

• Surgical errors and complications
• Misdiagnosis or delayed diagnosis of serious conditions
• Medication errors and adverse drug reactions
• Emergency room mistakes and failure to treat
• Birth injuries resulting in infant or maternal death
• Anesthesia errors during procedures

Medical malpractice wrongful death cases in Florida have unique requirements, including pre-suit investigation periods and specific expert witness requirements that require experienced legal representation.

Nursing Home Neglect and Abuse

With Hernando County’s median age of 48.1 years and growing elderly population, nursing home and assisted living facility negligence represents a significant concern. Wrongful deaths in care facilities can result from:

• Severe bedsores (pressure ulcers) leading to sepsis
• Falls due to inadequate supervision or safety measures
• Medication errors and adverse drug interactions
• Dehydration and malnutrition from neglect
• Failure to provide appropriate medical care
• Physical or emotional abuse by staff members

Recent cases in Florida have resulted in significant settlements, including a $12.5 million settlement for a wrongful death involving an assisted living resident who died from sepsis due to severe bedsores and pneumonia.

Workplace Accidents

Florida recorded 306 workplace fatalities in 2023, with construction being the most dangerous industry. Hernando County’s ongoing development and construction boom increases the risk of fatal workplace accidents. Construction fatalities often involve:

• Falls from heights (43 construction deaths from falls in Florida in 2023)
• Being struck by objects or equipment
• Electrocutions and electrical accidents
• Caught-in or between accidents involving machinery
• Transportation incidents on job sites

While workers’ compensation typically covers workplace deaths, families may also have wrongful death claims against third parties like equipment manufacturers, property owners, or other contractors whose negligence contributed to the fatal accident.

Defective Products

Product liability wrongful death cases can involve a wide range of defective or dangerous products, including:

• Defective automobile parts causing fatal crashes
• Dangerous pharmaceuticals and medical devices
• Faulty construction equipment and tools
• Toxic substances and dangerous chemicals
• Defective children’s toys and products
• Dangerous household appliances and electronics

Premises Liability

Property owners in Hernando County have a duty to maintain safe conditions for visitors. Fatal accidents on unsafe premises can include:

• Slip and fall accidents on dangerous surfaces
• Swimming pool drownings due to inadequate safety measures
• Structural collapses and building failures
• Security failures leading to violent crimes
• Toxic exposures on contaminated properties

Learn more about slip and fall accidents and premises liability claims.

Criminal Acts and Negligent Security

When property owners fail to provide adequate security measures, they may be liable for wrongful deaths resulting from criminal acts on their premises. This can include fatalities at shopping centers, apartment complexes, hotels, bars, and other businesses that should have implemented reasonable security measures.

Who Can File a Wrongful Death Claim in Florida

Florida law specifies who may bring a wrongful death action and who may recover damages. Understanding these requirements is crucial for families seeking justice.

Personal Representative

Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Florida. This person is typically named in the deceased’s will or appointed by the court if no will exists. The personal representative files the lawsuit on behalf of the estate and surviving family members.

Surviving Family Members Who May Recover

Florida law identifies specific family members who may recover damages in wrongful death cases:

• Surviving Spouse: May recover for pain and suffering, loss of companionship, and lost financial support
• Minor Children: Can recover for pain and suffering, lost parental guidance, and financial support
• Adult Children: May recover if the deceased had no surviving spouse
• Parents: Can recover if the deceased was unmarried and had no children
• Other Dependents: Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased

Damages Available in Wrongful Death Cases

Florida’s wrongful death law allows recovery of both economic and non-economic damages, which are divided between the estate and surviving family members.

Estate Damages

The deceased person’s estate may recover:

• Medical and Funeral Expenses: All medical costs related to the final injury or illness, plus funeral and burial expenses
• Lost Earnings: The present value of what the deceased would have earned from the date of death through their expected lifetime
• Lost Net Accumulations: The portion of earnings the deceased would have saved and left to their estate

Survivor Damages

Surviving family members may recover for their own losses:

• Pain and Suffering: Mental anguish and emotional distress from the loss
• Loss of Companionship: The value of the relationship, guidance, and companionship lost
• Lost Support and Services: Financial support and household services the deceased provided
• Medical Expenses: Survivors’ medical expenses for grief counseling and related treatment

Punitive Damages

In cases involving particularly egregious conduct, punitive damages may be available to punish the wrongdoer and deter similar behavior. These damages require clear and convincing evidence of gross negligence or intentional misconduct.

The Wrongful Death Legal Process

Initial Investigation

Our wrongful death attorneys begin with a thorough investigation to gather evidence, identify all potentially liable parties, and preserve crucial documentation. This may involve:

• Reviewing police reports, medical records, and witness statements
• Consulting with accident reconstruction experts
• Examining the accident scene and gathering physical evidence
• Interviewing witnesses and family members
• Working with medical experts to establish cause of death

Filing the Lawsuit

Once we’ve completed our initial investigation, we’ll file the wrongful death lawsuit naming all responsible parties. In Florida, this must be done within two years of the death, though some exceptions may apply.

Discovery Process

During discovery, both sides exchange information and evidence. This process may involve depositions, document production, and expert witness testimony to build the strongest possible case for your family.

Settlement Negotiations

Many wrongful death cases are resolved through settlement negotiations. Our attorneys work aggressively to negotiate fair compensation that reflects the full value of your losses and your loved one’s life.

Trial

If settlement cannot be reached, we’re prepared to take your case to trial. Our attorneys have extensive trial experience and will fight tirelessly to achieve justice for your family in court.

Challenges in Wrongful Death Cases

Proving Liability

Establishing that another party’s negligence or wrongful conduct caused your loved one’s death requires thorough investigation and expert testimony. Our attorneys work with leading experts in various fields to build compelling cases.

Calculating Damages

Determining the value of a life involves complex calculations considering earning capacity, life expectancy, family relationships, and intangible losses. Our attorneys work with economists and other experts to ensure full compensation.

Insurance Company Tactics

Insurance companies often use delay tactics, dispute liability, or offer inadequate settlements. Our attorneys understand these strategies and fight back with aggressive advocacy and thorough case preparation.

Multiple Parties and Complex Liability

Many wrongful death cases involve multiple potentially liable parties with different insurance policies and legal theories. We navigate these complexities to maximize recovery from all available sources.

Steps to Take After a Wrongful Death

If you believe your loved one’s death was caused by someone else’s negligence, consider taking these important steps:

1. Seek Support: Prioritize your family’s emotional well-being and seek grief counseling if needed
2. Preserve Evidence: Keep all documents related to the death, including medical records, police reports, and insurance information
3. Avoid Quick Settlements: Don’t accept settlement offers from insurance companies before consulting with an attorney
4. Contact an Attorney: Speak with a wrongful death attorney as soon as possible to protect your rights
5. Appoint an Estate Representative: Ensure someone is legally authorized to act on behalf of the estate
6. Document Expenses: Keep records of all expenses related to the death and its aftermath

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