Wrongful Death from Personal Injury: Justice for Preventable Deaths

When a person dies due to another’s negligence or recklessness, the family’s grief is compounded by the injustice of a preventable death. Ogle Law Firm represents families who have lost loved ones to preventable accidents throughout Daytona Beach , pursuing accountability and maximum compensation for their loss.

Types of Personal Injury Wrongful Deaths

Personal injury wrongful death cases result from various accidents:

  • Motor vehicle accidents: Deaths from car crashes, truck collisions, motorcycle accidents
  • Pedestrian and cyclist deaths: Deaths of pedestrians and cyclists hit by vehicles
  • Premises liability deaths: Deaths from falls, unsafe conditions, or premises defects
  • Product liability deaths: Deaths caused by defective or dangerous products
  • Workplace accidents: Deaths from workplace equipment, hazards, or negligence
  • Medical malpractice deaths: Deaths from surgical errors, medication mistakes, or diagnostic failures
  • Assault and violence: Deaths from criminal conduct or violence

Identifying negligence is essential to pursuing wrongful death claims.

The Grief and Loss of Wrongful Death

Losing a loved one to preventable injury creates multiple forms of devastation:

  • Emotional trauma: Profound grief, shock, and emotional pain
  • Financial loss: Loss of the deceased’s income and financial support
  • Loss of relationships: The irreplaceable loss of the deceased’s presence and relationships
  • Loss of guidance: Particularly devastating for children who lost a parent
  • Social impact: Change in family structure and social standing
  • Altered future: Dreams and plans that included the deceased person are forever changed

Wrongful death claims provide accountability and compensation for these losses.

Who Can Bring a Wrongful Death Claim in Florida

Florida Statute 768.19 (see our main wrongful death page) specifies who may pursue wrongful death claims:

  • Surviving spouse: The deceased’s husband or wife
  • Children: Adult and minor children of the deceased
  • Parents: Parents of the deceased (if no spouse or children)
  • Estate representative: If no spouse, children, or parents survive

Multiple beneficiaries must jointly pursue the claim or the estate representative brings it on behalf of all beneficiaries.

Establishing Negligence in Wrongful Death Cases

To succeed in a wrongful death claim, we must prove:

  1. The defendant owed a duty of care to the deceased
  2. The defendant breached that duty through negligent or wrongful conduct
  3. The breach caused the death
  4. The family suffered damages as a result

This requires comprehensive investigation and often expert testimony.

Damages Available in Florida Wrongful Death Cases

Florida law allows recovery of substantial damages:

  • Medical and funeral expenses: Reasonable emergency medical care and funeral costs
  • Lost financial support: The deceased’s expected income that would have benefited the family
  • Loss of companionship: The irreplaceable relationship with the deceased
  • Loss of parental guidance: For minor children who lost a parent
  • Loss of consortium: Loss of the marital relationship (if spouse survives)
  • Emotional distress damages: The trauma of losing a loved one
  • Punitive damages: In cases of gross negligence or recklessness (in limited circumstances)

The amount of damages varies based on the deceased’s age, earnings, health, and family composition.

Calculating Lost Financial Support Damages

We work with economists to calculate:

  • Deceased’s earning capacity: Expected lifetime earnings based on education, experience, health
  • Earning trajectory: Projected salary increases over the deceased’s working life
  • Family’s dependency: Portion of earnings the family depended on
  • Household service value: Value of services the deceased would have provided
  • Inflation and work-life expectancy: Adjustments for inflation and changes in health

These calculations often result in substantial damages.

Loss of Companionship Damages

Juries recognize the immeasurable value of relationships:

  • Spouse’s loss: Loss of marital companionship, emotional support, shared experiences
  • Children’s loss: Loss of parental guidance, love, support, and relationship
  • Parents’ loss: Loss of relationship with child, even if adult
  • Sibling loss: In some circumstances, loss of sibling relationship

Juries often award substantial damages for these losses.

Special Considerations in Wrongful Death Cases

Certain circumstances affect wrongful death claims:

  • Victim age: Younger victims’ deaths create greater lost support damages; older victims’ deaths may create less financial loss but greater loss of companionship
  • Victim health: Pre-existing conditions may affect damages calculations
  • Family financial situation: Family’s dependence on deceased’s income affects support damages
  • Comparative fault: If deceased was partially at fault, damages may be reduced proportionally
  • Statute of limitations: Claims must generally be filed within 2 years of death

Understanding these factors is critical to maximizing compensation.

Types of Wrongful Death Cases We Handle

Ogle Law Firm handles all types of personal injury wrongful death cases:

  • Motor vehicle deaths: Deaths from cars, trucks, motorcycles, and commercial vehicles
  • Premises liability deaths: Deaths from unsafe premises, slip and falls, inadequate security
  • Product liability deaths: Deaths from defective products and dangerous devices
  • Workplace deaths: Deaths from workplace hazards and negligence
  • Premises security deaths: Deaths from criminal acts on premises with inadequate security
  • Defective vehicle deaths: Deaths from vehicle defects in design or manufacture

The Process of Filing a Wrongful Death Claim

The process typically involves:

  1. Investigation: Thorough investigation of accident circumstances and negligence
  2. Evidence gathering: Obtaining medical records, police reports, witness statements
  3. Expert retention: Securing expert opinions establishing negligence
  4. Demand letter: Presenting claim to defendant’s insurance company
  5. Negotiation: Attempting to reach settlement through negotiation
  6. Litigation: Filing lawsuit if settlement cannot be reached
  7. Discovery: Exchange of information and documents with defendant
  8. Trial or settlement: Resolution through trial or final settlement

This process typically takes 12-24 months or longer.

Why Choose Ogle Law Firm

Wrongful death cases require compassionate and aggressive representation:

  • Grief respect: We understand your grief and treat your family with dignity
  • Investigation expertise: Thorough investigation establishing negligence
  • Expert relationships: Access to specialists who testify about negligence
  • Economic expert access: Economists calculating loss of support damages
  • Trial experience: Successful jury presentations of wrongful death cases
  • Aggressive advocacy: Unwillingness to accept inadequate settlements
  • Contingency representation: You pay nothing unless we recover compensation

Taking Action After a Wrongful Death

If a loved one has died due to another’s negligence:

  1. Preserve evidence from the accident scene and circumstances
  2. Obtain the police report and incident information
  3. Document medical care prior to death
  4. Gather information about the deceased’s employment and earnings
  5. Collect information about family relationships and dependence
  6. Obtain witness contact information from the accident
  7. Report the incident to relevant agencies (OSHA for workplace deaths, etc.)
  8. Do not sign releases or agreements without legal review
  9. Contact Ogle Law Firm for a free, confidential consultation

View our case results to see how we’ve fought for families in wrongful death cases like yours.

If you or a loved one has been affected, we may also be able to help with:

Your loved one deserves justice, and your family deserves compensation. Contact Ogle Law Firm at (386) 253-2500 to discuss your wrongful death case. We serve families throughout Daytona Beach . We handle cases on a contingency basis—you pay nothing unless we recover compensation for your family.

For more information about personal injury claims, return to our Personal Injury practice area.