We Fight For Your Family During the Most Unimaginable Time:
Some of the most devastating cases we handle at Moia Law is when a family comes to us after losing a loved one due to the negligence or wrongdoing of another. Whether it is a tragic car accident case, a child that has drowned, or your family member was brutally attacked, at Moia Law, we help families navigate the most unimaginable time.
Often times, families are left with little to no answers after their loved one was tragically taken from them. That is where we step in. As a former criminal prosecutor, and career trial attorney, Alexa Moia stresses the importance of early and aggressive investigation. Our focus remains on seeking the truth and justice for the one you have lost.
In Florida, the Wrongful Death Act, Fla. Stat. § 768.16-768.26, allows surviving family members and the decedent’s estate to seek compensation for their losses.
Wrongful death cases can arise from a variety of different circumstances including catastrophic car accident cases, motorcycle collisions, pedestrians that are hit by vehicles, children that drown in pools or private waterways, boating accidents, unsafe premises, bar fights, apartment complex shootings, and victims of violent assaults or murder.
When facing a wrongful death case, it is key to have a law firm that knows how to investigate the case from the very beginning. At Moia Law, we have a history of holding those accountable for the wrongful death of a loved one. We work closely with all local law enforcement agencies to ensure proper handling of your case. We are here to support your family every step of the way, both legally and emotionally. Preserving vital pieces of evidence and protecting your family’s rights is the utmost priority.
There could be multiple parties responsible for your loved one’s death, and we will not leave any stone unturned. We have the resources and experience necessary to build the strongest case and to help your family find comfort and closure during this very difficult time.
You may feel lost having to deal with funeral expenses, medical bills, life obligations, and other arrangements. We take the legal stress off of your family’s hands so you can focus on grieving and honoring the one you have lost.
Who Can File A Wrongful Death Claim?
Under Florida Law, a Personal Representative must be appointed by the Court to file a wrongful death claim on behalf of the decedent’s estate. At Moia Law, we walk you through this process from start to finish. We work with your family and the Court to ensure the personal representative is appointed in a timely manner so we can begin seeking justice for your family.
The personal representative will be responsible for handling all aspects of the wrongful death claim, including settlement decisions and speaking on behalf of the estate.
The Court will determine who will act as personal representative. Typically, the decedent’s spouse, a parent, or the closest family member will be appointed as personal representative of the decedent’s estate. It is important to know that a convicted felon cannot act as personal representative, and the personal representative must be an adult over the age of 18.
In Florida, there are only certain people who can recover monetary damages after losing a loved one due to the negligence of another. Typically, you must be a close relative of the decedent. Examples of those who may qualify to recover damages from a wrongful death claim are: the decedent’s spouse, the decedents children, the decedents parents, or other dependent blood relatives or adoptive relatives.
We will discuss your relationship to your loved one and help you determine your rights. We will also work closely with the personal representative to ensure justice is served for all beneficiaries of the estate.
Types of Damages You May Be Entitled To After Losing A Loved One:
If you have lost a loved one due to the negligence of wrongdoing of another, your family may be entitled to recover compensation, or damages, for your losses.
These damages can be divided into two categories:
- Survivor damages for the family, and
- Estate damages for losses suffered by the decedent’s estate.
Survivor damages compensate surviving family members for the emotional, financial, and practical losses they endure after losing a loved one. Survivors may also recover damages for the loss of financial support and services that your loved one once provided. This includes income, contributions to household duties, and other forms of assistance. This amount is calculated based upon the decedent’s earnings, life expectancy, and the needs of each survivor.
A surviving spouse may recover damages for the loss of companionship, love, and protection that the deceased provided. Minor children may seek compensation for the loss of parental guidance, affection, and instruction.
Surviving family members, including spouses, children, and in some cases, parents, may also be awarded damages for the mental anguish and emotional suffering caused by the death.
Parents of a deceased minor child may also recover damages for their mental pain and suffering.
Your family may also be reimbursed for medical expenses incurred prior to death and reasonable funeral and burial costs.
The decedent’s estate may also recover damages for the losses suffered by the deceased person from the time of injury until death. These damages are typically intended to reimburse the estate and compensate for losses the deceased would have incurred had they survived.
The estate can recover compensation for the loss of earnings from the date of injury to the date of death, including lost net accumulations that the decedent would have likely saved and left as part of their estate.
If your loved one experienced conscious pain and suffering before their death, the estate may also recover damages for the period between the injury and death. These are often referred to as survival damages.
Factors That Can Help Determine The Value of A Wrongful Death Claim:
Every wrongful death case is different and no amount of money could ever bring your loved one back. However, it is important to know that there are several factors that can impact the value of a wrongful death claim.
For example, your loved one’s age and health plays a role in the overall value of the claim. Younger people or those in good health typically have a longer life expectancy and higher future earning potential, which can increase the value of the claim. In addition, the more financial support the deceased provided to your family, the higher the potential recovery for lost income and services.
How close each family member was to the decedent can also affect the value of the wrongful death claim. Spouses, minor children, and dependent parents often receive greater compensation for emotional losses compared to more distant relatives.
Additionally, cases involving gross negligence, egregious behavior, or intentional acts can result in higher settlements or awards, including possible punitive damages.
At Moia Law, we will discuss what your case may be worth and we will work tirelessly to ensure justice is served for your family.
What We Need In Order To Prove A Wrongful Death Case:
In order to bring a successful wrongful death claim, we must prove that the other party, whether it was an individual, or a business, was negligent in causing your loved one’s death.
There are four elements that we must prove:
- Duty,
- Breach of duty,
- Causation, and
- Damages.
The first element is Duty. We must prove that the other party owed your loved one a duty of care. This means that they should take reasonable precautions and take certain actions to prevent or minimize harm to others. For example, drivers must drive safely and obey all traffic laws and business owners must keep their property in a reasonably safe condition.
The next element that we have to prove is that the person or business Breached their duty of care. This means that the other party acted in a way that violated this duty of care. For example, if a motorist caused a catastrophic injury while texting and driving, the driver has breached their duty and may be considered the responsible party for your loved one’s death. Or if a business allowed a dangerous condition to remain on their property that injured your loved one, they have breached their duty of care to keep their property safe.
The third element that we must prove is Causation. We must prove that the defendant’s negligent acts caused your loved one to die. For example, if the at-fault person caused a head on collision and your loved one died as a result, we must prove that but-for that head on collision, your loved one would not have died in the crash.
The last element that we must prove is Damages. We must show that your loved one’s death caused monetary and non-economic losses to the Estate and its survivors. In rare cases, a person may die with no surviving family. In these cases. this fourth element cannot be met, and therefore, there is no wrongful death claim to be made.
If all four elements can be proven by a preponderance of the evidence, your family qualifies to file a wrongful death claim on behalf of your loved one. At Moia Law, we will sit down and discuss each one of these elements with you to help you determine the likelihood of bringing a successful wrongful death claim. There is no risk in sitting down with us to discuss your family’s options and rights.
Steps to Take After A Wrongful Death:
If you family is facing the wrongful death of a loved one, it is very important to take the steps necessary to preserve your case. The very first thing you should do is call the police, if you can. Documenting what happened to your loved will help your case tremendously.
If it is an auto accident case, gather photographs of the scene and vehicles involved. If your loved one was injured while at a business, take photos of what caused your loved one harm and file an incident report with the manager. Request a copy of the incident report, or take a picture of it. Look for witnesses who may have witnessed what happened to your loved one and get their contact information.
After speaking with the police and gathering key evidence, call a wrongful death attorney immediately. The sooner we can get involved in the case, the better. Vital pieces of evidence, such as video surveillance and witnesses, can disappear quickly. At Moia Law, we are aggressive in gathering evidence to ensure your case and rights are protected.
Time May Be Limited to File A Wrongful Death Claim:
It is important to know that Florida Law has a short Statue of Limitations to file a wrongful death claim for your loved one. You only have 2 years to file a lawsuit.
As such, contacting a wrongful death attorney as soon as possible is vital to protecting your family’s claim. If you go beyond 2 years, you run the risk of never being able to file a wrongful death claim. Contacting an attorney immediately after losing a loved one is the safest way to preserve your family’s rights.
Contact Your Local Wrongful Death Attorney For A Free Consultation:
At Moia Law, we have decades of experience in handling Wrongful Death Claims on behalf of families all over Brevard County. We understand that no amount of money could ever bring your loved one back. Our goal remains to helping your family find answers and have the emotional support you need to get through this most tragic time.
If your family has suffered the loss of a loved one due to the negligence of another, contact your Local Wrongful Death Attorney at Moia Law. We will seek justice for you and your family. Our consultation is always free. There is no risk in speaking with an attorney. We are so sorry you are going through this.
“Those we love never truly leave us.” — J.K. Rowling
