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Accidental Death FAQs

The legal team at Flaxman Law Group sometimes come into clients’ lives at very difficult times. One of the most challenging calls we get at our Hollywood, Miami, and Homestead offices is from families who have lost a loved one and have questions for a Florida accidental death attorney. Since we know it can be hard to make that call, we have put together this FAQ, to help you understand the basics of an accidental death claim.

If you have a lost one and are ready to speak to an attorney, the compassionate team at Flaxman Law Group is here for you. Call Flaxman Law Group at 866-352-9626 to speak to a live person 24/7. Or contact us online to set up a consultation. Rest assured you will be speaking with a team with more than 60 years of combined experience. Of course, there is no charge or fee for your initial consultation. Our goal is to give you some initial answers.

What Is an Accidental Death Claim?

The death of a loved one is always painful, but it can be more devastating to realize that the death was preventable. Accidental deaths that are caused by the negligence of someone can result in a accidental death claim in Florida. These types of personal injury claims allow surviving family to seek compensation and to hold the responsible parties accountable.

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When Do Accidental Death Claims Happen?

Accidental death claims typically happen following a fatality involving:

Anytime someone dies and someone's negligence may have caused the death, you may have a claim. Unfortunately, sometimes it is difficult to know whether negligence caused a fatality. For example, if a death happens in a hospital, how can you know whether medical staff acted in a reasonable way? Accidental death attorneys work with investigators and expert witnesses to investigate the cause of a fatality and to build a strong case. If you’re not sure whether a loved one died accidentally or whether you have a claim, we invite you to contact Flaxman Law Group for a free consultation to review your situation.

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Who Can File an Accidental Death Claim?

In Florida, only specific people can file an accidental death claim. Usually, it is someone who is an immediate family member of the person who has passed. The children of someone who has been killed may be able to file a claim, as can spouses, dependent family members, and parents.

Florida allows only one personal representative of an individual’s estate to file an accidental death claim. However, compensation is paid to the estate of the deceased, where it can benefit dependents and survivors.

If you have lost an immediate family member and aren't sure whether you have a claim, you may wish to speak to an accidental death injury claims attorney in Florida to find out.

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Why File an Accidental Death Claim?

Filing a claim will not bring your loved one back. However, even if it's painful to think about the legal process at a time like this, there are many reasons to file an accidental death claim:

  • The costs may be considerable. An accidental death claim allows you to seek compensation for final medical bills, funeral costs, and other expenses. You can also seek compensation for pain and suffering. Average funeral costs can easily add up to over $10,000 alone, and final medical bills can be many times that. Paying these costs at a time when you are grieving can be devastating, and getting financial support ensures you can focus on your family and your healing rather than on the bills. With compensation, you may also be able to pay for a dignified funeral and to pay for other costs, such as therapy or counseling to help you heal.
  • You may be losing someone's contribution to your household. The person you have lost may have been an income earner in your household, or even a primary income earner. At a time when you are grieving and emotionally distressed, you may suddenly be struggling to pay the bills, too. Seeking compensation in an accidental death claim can help ensure you have some time to regroup and start rebuilding your life after a devastating loss. Without seeking compensation, you may end up struggling or in some cases may face bankruptcy or foreclosure. Our legal team has seen it happen often.
  • You want to think about the future. If the person you have lost has children or dependents, what will happen to them? The person who has passed may not be able to contribute to future college costs or other help. An accidental death claim, though, can help you seek compensation so you can help children and other dependents in the future. You mat be able to invest settlement of verdict money for their future.
  • You may want to hold someone responsible. If someone has caused your loved one’s death, you may want to hold them accountable. Filing an accidental death claim allows you to seek justice, even if criminal charges are never brought against the person or company who caused the injuries and fatalities.
  • You may want to prevent further fatalities. Money can be a powerful motivator. If a company or other party is found liable for injuries and has to pay a settlement to you in an accidental death claim, they will often make safety changes. They want to prevent further liability. These changes can also help prevent injuries or fatalities to others. At a time that you and your family are grieving, it can be a small silver lining of hope to find that your loved one’s death may contribute to the safety of others. For some families, these changes are part of a loved one’s legacy, and this can be a comforting thought during a very difficult time.

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What Can I Do Now?

If you have lost a loved one and may have a claim, call Flaxman Law Group at 866-352-9626 to speak to a live person 24/7 to schedule a free consultation. You can also contact us online to schedule your consultation. You can meet with us in our Hollywood, Homestead, or Miami offices or we can set up a virtual conference. We may even be able to visit your hospital room, home, or workplace.

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