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Wrongful Death We Fight For Your Freedom

Melbourne Wrongful Death Lawyer

Helping Your Family After the Loss of a Loved One

When you lose a loved one, it can be difficult to imagine life without them. The pain of their passing is made even worse by the realization that someone else's negligence caused the tragedy. At The Law Offices of Bryan J. McCarthy, we know how to help families in Brevard County and the surrounding areas cope with the loss of a loved one. We also know how to hold negligent individuals and companies accountable for their actions.

Call (321) 248-7742or contact us onlineto get started.

What is Considered a Wrongful Death?

A wrongful death is the result of an accident, illness, or attack that causes the death of a loved one. Wrongful deaths are typically caused by the actions or negligence of another person or organization. These tragedies can be caused by car accidents, medical malpractice, workplace accidents, or other incidents. In Florida, the death of a loved one is considered "wrongful" if it occurs as the result of criminal activity, such as a murder or an act of violence.

If your loved one passed away due to the negligence of another party, you may be able to file a wrongful death claim. In order to file a wrongful death claim, you must have been financially dependent on your deceased loved one and have a personal injury claim against the responsible party.

To file a wrongful death claim, you must:

  • Be the personal representative of the deceased person's estate
  • Have been financially dependent on the deceased person at the time of their death
  • Have a valid personal injury claim against the party responsible for the death

Who is Liable for a Wrongful Death?

The party responsible for the death of your loved one is liable for your damages. When you file a wrongful death claim, you must prove that the party is liable for the death. You must also prove the value of your damages and the extent of your loss.

The party responsible for a wrongful death may include:

  • A negligent driver
  • A negligent medical provider
  • A negligent security guard
  • A negligent manufacturer
  • A negligent construction company

What is the Statute of Limitations for Wrongful Death Claims in Florida?

The statute of limitations is the time limit a person has to file a lawsuit. In Florida, the statute of limitations for most personal injury claims is two years. The statute of limitations for wrongful death claims is four years. You will have four years from the date of your loved one's passing to file a wrongful death claim. If your loved one died more than four years ago, you may still be able to file a claim if you can prove "cause of action laches."

Who Can File a Wrongful Death Claim in Florida?

In Florida, there are several people who can file a wrongful death claim on behalf of the deceased person's estate. The personal representative of the deceased person's estate is the person who files the claim on behalf of the estate. The personal representative is usually the deceased person's surviving spouse, child, or parent. The personal representative can be a person who was financially dependent on the deceased person at the time of the death.

If there is no surviving family member who was dependent on the deceased person, then a "special administrator" can file a wrongful death claim. A special administrator is a person who was financially independent of the deceased person at the time of the death but who has a valid personal injury claim against the responsible party.

What Damages Can Be Recovered in a Wrongful Death Claim?

The damages you can recover in a wrongful death claim depend on the circumstances of the case. Damages are meant to compensate you for your losses and to help you move forward without the financial and emotional burdens of your deceased loved one's passing. In most wrongful death cases, the damages you can recover will be tied to your financial dependency on the deceased person.

The damages you can recover in a wrongful death claim may include:

  • Medical expenses related to the deceased person's final illness or injury
  • Funeral and burial expenses
  • Lost wages and benefits
  • Loss of future earnings
  • Loss of household services
  • Loss of companionship
  • Loss of consortium
  • Punitive damages

In wrongful death cases involving criminal activity, such as a murder or an act of violence, the damages you can recover will be different. In these cases, you can only recover "compensatory damages," which are meant to compensate you for your losses and help you move forward without the financial and emotional burdens of your deceased loved one's passing.

Ready to Help You & Your Family Today

In the midst of your grief, our wrongful death lawyer in Melbourne, FL, is here to help you seek the justice and compensation you deserve. Do not hesitate to let The Law Offices of Bryan J. McCarthy help you and your family during this difficult and trying time.

Contact ustoday at (321) 248-7742to schedule a free consultation.

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  • "Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future."
    Travis and I and our entire family would like to thank you for the excellent job you did on the recent Traffic Ticket case against Travis. We found you to be very generous, very professional, and very competent. Your very thorough investigative work, preparation, and execution were all very good and saved a young man from a possible disaster to his entire future. You also saved me from an economic expense that I could ill afford at this time. I heard a rumor that you might be thinking about a possible run for the State Legislature in the future. You would certainly have my vote and my support with everyone I know. We would highly recommend you to anyone who is in need of a good attorney. You have given us a new and much improved opinion of the legal profession. Very best wishes for the future and much appreciation for the job you did.
    V.L.
  • "He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend!"
    I hired Mr. McCarthy and could not have made a better choice! He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend! Needless to say his preparation paid off for me! The hearing was ruled in my favor thanks to Attorney Bryan McCarthy! I would high recommend Bryan to anyone!
    J.M.
  • "When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. "
    I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!”
    S.M.