Coral Springs is a vibrant city known for its family-friendly atmosphere, beautiful parks, and thriving community. With attractions like the Coral Springs Museum of Art, The Walk, various outdoor recreational areas, and large churches like Church By The Glades, and busy streets like University Drive, it offers residents and visitors plenty to enjoy.
However, accidents can still happen, and some can lead to tragic outcomes. Due to negligence, busy roads, construction projects, and public spaces can sometimes become dangerous. When a wrongful death occurs, families are left to deal with emotional and financial hardships.
Losing a loved one is never easy. When their death happens because of someone else’s negligence, the pain is even worse. Families struggle with grief, financial burdens, and legal uncertainty.
If you lost someone due to another party’s reckless or careless actions, you may have a wrongful death case. The Coral Springs wrongful death lawyers at Madalon Law are here to help.
What is a Wrongful Death?
A wrongful death claim is a legal action filed when a person dies due to someone else’s negligence, misconduct, or wrongful act. It allows surviving family members to seek compensation for their loss. These cases help families recover damages and hold responsible parties accountable.
Wrongful death claims can be a result of various incidents, including car crashes, medical errors, and workplace accidents. If someone’s reckless or careless actions caused a fatality, the law provides a way for families to seek justice.
Types of Wrongful Death Claims
Wrongful death claims can arise from many different situations. Each case involves negligence, recklessness, or intentional harm that results in a tragic loss. Here are the most common types of wrongful death claims:
Car Accidents
Car accidents are one of the leading causes of wrongful death claims. Many crashes result from speeding, reckless driving, or distracted driving. Drivers who text, talk on the phone, or ignore traffic laws put others at risk.
Drunk driving is another major cause of fatal accidents, as impaired drivers have slower reaction times and poor judgment. When a careless driver causes a crash that results in death, surviving family members may have the right to seek compensation for their loss.
Truck Accidents
Truck accidents are often more severe than regular car crashes because of the massive size and weight of commercial vehicles. Large trucks take longer to stop and can cause devastating injuries upon impact. Fatal truck accidents often happen due to driver fatigue, overloaded cargo, or poorly maintained vehicles.
If a trucking company fails to follow safety regulations, it may be held responsible for wrongful death. Families of victims can pursue legal action against the driver, trucking company, or other responsible parties.
Motorcycle Accidents
Motorcyclists are highly vulnerable on the road because they lack the protection of a car. Even when wearing helmets and protective gear, riders face serious risks when hit by larger vehicles.
Many fatal motorcycle accidents happen because drivers fail to see motorcyclists in their blind spots or fail to yield at intersections. Speeding, reckless driving, and road hazards also contribute to motorcycle fatalities.
When a driver’s negligence leads to a deadly motorcycle accident, the victim’s family can seek compensation through a wrongful death claim.
Pedestrian and Bicycle Accidents
Pedestrians and bicyclists have little protection against motor vehicles, making accidents particularly deadly. Many pedestrian and bicycle fatalities occur when drivers fail to yield, ignore crosswalks, or run red lights.
Poorly designed roadways and lack of proper signage can also contribute to accidents. In some cases, distracted or impaired drivers strike pedestrians or cyclists, causing fatal injuries.
Families of victims may file a wrongful death lawsuit against the responsible driver, city planners, or property owners who failed to maintain safe walking and biking areas.
Medical Malpractice
Patients trust doctors and medical professionals to provide safe and effective treatment. However, medical errors can have fatal consequences. Wrongful death claims due to medical malpractice arise from misdiagnoses, surgical mistakes, medication errors, or delayed treatment.
A doctor who prescribes the wrong medication or misdiagnoses a serious illness can be held responsible if their negligence leads to a patient’s death. Hospitals, nurses, and pharmaceutical companies may also be liable for fatal medical mistakes.
Workplace Accidents
Some jobs come with serious risks, especially in industries like construction, manufacturing, and transportation. Fatal workplace accidents can occur due to unsafe conditions, equipment malfunctions, or lack of proper training.
Employers are responsible for ensuring a safe work environment, following safety regulations, and providing adequate protective gear. If an employer neglects safety measures and an employee dies as a result, the victim’s family may file a wrongful death claim. In some cases, a third party, such as an equipment manufacturer, may also be held liable.
Defective Products
Manufacturers have a responsibility to ensure their products are safe for use. When a defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held responsible. Wrongful death claims involving defective products often stem from faulty medical devices, dangerous drugs, car defects, or unsafe household products.
A product may be flawed due to a design defect, manufacturing error, or failure to warn users about potential dangers. Families of victims can file a product liability claim to hold the responsible parties accountable.
Premises Liability (Slip and Fall Accidents)
Property owners must keep their premises safe for visitors. If a person dies due to unsafe conditions on someone else’s property, their family may have a wrongful death claim. Fatal slip and fall accidents often happen due to wet floors, poor lighting, uneven walkways, or lack of warning signs.
Other premises liability cases involve falling objects, broken staircases, or inadequate security leading to fatal injuries. Property owners who fail to maintain safe conditions can be held legally responsible for wrongful deaths on their premises.
Nursing Home Abuse and Neglect
Families trust nursing homes to care for their elderly loved ones. Unfortunately, some facilities fail to provide proper care, leading to fatal consequences. Nursing home wrongful death cases arise from neglect, malnutrition, dehydration, medication errors, or physical abuse.
When nursing home staff fail to monitor residents properly, prevent falls, or provide necessary medical attention, it can lead to tragic outcomes. Families of victims can hold the nursing home, staff, or administrators accountable through a wrongful death lawsuit.
Criminal Acts (Homicide or Assault)
Not all wrongful deaths result from accidents. Some occur due to violent crimes like homicide, assault, or robbery. When a person’s intentional actions cause another’s death, the victim’s family can file a wrongful death lawsuit in addition to criminal charges.
Even if the perpetrator is convicted in criminal court, a civil lawsuit can help families recover financial compensation for their loss. In some cases, property owners may also be liable if they failed to provide adequate security, leading to a fatal crime.
Drowning Accidents
Drowning accidents can happen in pools, lakes, or other bodies of water. Many drowning fatalities result from lack of supervision, improper fencing, or failure to follow safety regulations. Property owners, lifeguards, or businesses operating water attractions may be responsible if negligence led to a drowning death.
Children are especially vulnerable, and pool owners must take extra precautions to prevent accidents. Families of drowning victims may file a wrongful death claim against those who failed to ensure a safe environment.
Aviation Accidents
Airplane crashes are rare, but when they do happen, they often result in fatalities. Aviation accidents may occur due to pilot error, mechanical failure, poor maintenance, or air traffic control mistakes.
Airlines, aircraft manufacturers, or maintenance crews may be held responsible for wrongful deaths in aviation accidents. Families of victims can seek compensation for their loss by filing a wrongful death lawsuit against the negligent party.
Boating Accidents
Recreational boating can be dangerous when operators are careless or inexperienced. Many fatal boating accidents happen due to reckless driving, excessive speed, or operating a boat under the influence of alcohol. Equipment malfunctions, bad weather, and failure to provide safety gear can also contribute to wrongful deaths on the water.
Boat owners, rental companies, or manufacturers may be liable if negligence caused the fatal accident. Families can file a wrongful death claim to hold responsible parties accountable.
Figuring out who is responsible for a wrongful death is a key step in getting justice for the victim’s family. This involves gathering evidence, reviewing reports, and following Florida laws. Below are the main ways to determine fault in a wrongful death case in Coral Springs.
Proving Negligence
To show that someone is at fault, you must prove four key things:
Duty of Care: The person responsible had a duty to act safely. For example a driver following traffic laws or a doctor providing proper care.
Breach of Duty: They failed to act responsibly, such as running a red light or making a medical mistake.
Causation: Their actions directly led to the death, meaning the tragedy wouldn’t have happened without their negligence.
Damages: The death caused financial and emotional harm, including funeral costs, lost wages, and pain and suffering.
Reviewing Police Reports and Official Records
If law enforcement was involved, their report can be a strong piece of evidence. Police reports often include witness statements, accident details, and whether any laws were broken. In workplace accidents, safety reports and inspection records can help show if an employer failed to follow safety rules.
Gathering Witness Statements
People who saw the accident or event happen can provide important details. Witnesses might confirm that a driver was distracted, a doctor made a mistake, or a business ignored safety hazards. Their statements can strengthen the case and provide a clearer picture of what happened.
Checking Video Footage and Photos
Cameras often capture key moments before, during, or after an accident. Security cameras, dashcams, or even cell phone recordings can show exactly what happened. Photos of the accident scene, injuries, or unsafe conditions can also help prove fault.
Consulting Expert Witnesses
Sometimes, specialists are needed to explain technical details. Experts who may help in wrongful death cases include:
Accident Investigators: They study car crashes or workplace accidents to figure out what went wrong.
Medical Experts: They review medical records to see if a doctor or nurse made a mistake.
Forensic Experts: They analyze injuries, toxicology reports, or physical evidence in certain cases.
Financial Experts: They calculate lost wages and other financial impacts caused by the death.
Examining Medical and Autopsy Reports
Medical records and autopsy reports help confirm how the victim died. They show whether the injuries match what the claim says happened. In cases involving medical malpractice, these reports help prove if improper care played a role in the death.
Looking at Insurance Policies and Liability Coverage
Wrongful death cases often involve insurance claims, especially after car accidents, work injuries, or defective products. Checking the responsible party’s insurance coverage can help determine what compensation may be available. Insurance companies, however, may try to avoid paying, making legal help important.
Understanding Florida’s Comparative Fault Law
Florida follows amodified comparative faultrule, meaning more than one person can share responsibility. If the victim was partly at fault, compensation may be reduced. However, if the victim was more than 50% responsible, the family may not recover damages. A lawyer can help fight for fair compensation under this rule.
Proving fault in a wrongful death case takes strong evidence and legal knowledge. If you lost a loved one due to someone else’s negligence, speaking with a lawyer as soon as possible can help protect your rights and your future.
In Florida, only certain people can file a wrongful death lawsuit. Florida’s Wrongful Death Act (Florida Statutes § 768.16-768.26) protects the rights of close family members who depended on the deceased for support. Below are the individuals who may be eligible to file a wrongful death claim in Coral Springs.
The Personal Representative of the Estate
Florida law requires that the personal representative (executor) of the deceased’s estate file the wrongful death claim. This person is usually named in the victim’s will. If no will exists, the court appoints a representative. They file the case on behalf of the surviving family members who may receive compensation.
The Surviving Spouse
A husband or wife has the strongest legal right to file a wrongful death claim. They may recover damages for lost companionship, emotional pain, and financial support. If the deceased was the main income provider, the spouse may also seek lost wages and future earnings.
Children of the Deceased
The victim’s biological or legally adopted children may file a claim, especially if there is no surviving spouse. They can seek compensation for loss of financial support, lost parental guidance, and emotional suffering. If the child is under 25, they may get higher compensation since they depended on the deceased.
Parents of the Deceased
If the deceased was a minor child, parents have the right to file a wrongful death lawsuit. They may recover damages for emotional suffering and financial losses. If the deceased was an adult child and had no spouse or children, parents may still be eligible to file a claim.
Other Dependents
Florida law may allow blood relatives or adopted siblings who were financially dependent on the deceased to file a claim. However, they must prove that they relied on the victim for financial or emotional support.
Who Cannot File a Wrongful Death Lawsuit?
However, not everyone can file a wrongful death lawsuit:
Why Legal Help Is Important
Determining eligibility for a wrongful death claim can be complicated. A wrongful death attorney in Coral Springs can help families understand their rights. They ensure the families’ voice is heard in court and they receive the compensation they deserve.
Filing a wrongful death claim can feel overwhelming. The legal process takes time and involves several important steps. Understanding each stage can help families know what to expect.
Consultation with a Wrongful Death Attorney
The first step is to meet with a Coral Springs wrongful death attorney for a free consultation. The lawyer will review the case details and explain your legal options. They will assess whether the cause of death was negligence and find out who is liable.
Investigation and Gathering Evidence
A thorough investigation is necessary to build a strong case. Your lawyer will collect police reports, medical records, witness statements, and surveillance footage if available. They may also work with experts, such as accident reconstruction specialists or medical professionals, to prove fault.
Identifying the Liable Party
The next step is determining who is legally responsible for the death. Liable parties could include a reckless driver, a negligent doctor, a property owner, an employer, or a defective product manufacturer. Your lawyer will examine all possible sources of fault.
Filing the Wrongful Death Lawsuit
In Florida, only the personal representative of the deceased’s estate can file the lawsuit. They act on behalf of the surviving family members. The lawyer will prepare and submit all necessary court documents to officially begin the case.
Negotiating with Insurance Companies
Many wrongful death cases settle outside of court. Insurance companies may offer a settlement to avoid trial. Your attorney will negotiate aggressively to secure a fair payout for medical bills, lost income, and emotional suffering. If the offer is too low, the case may proceed to trial.
Going to Trial (If Necessary)
If the two parties are unable to reach a settlement, the case will go to trial. Both sides will present their evidence, and a judge or jury will decide the outcome. A skilled wrongful death lawyer will fight to prove negligence and maximize compensation.
Receiving Compensation
If the case is successful, the court will award recompense to the surviving family members. This may include damages for medical bills, funeral costs, lost wages, pain and suffering, and loss of companionship. The lawyer will ensure the family receives the settlement they have the right to.
When a loved one dies due to negligence, surviving family members suffer emotional and financial hardships. A wrongful death claim allows them to seek compensation for these losses. Damages fall into three main categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages cover the financial losses caused by the wrongful death. These damages are meant to compensate for actual expenses and lost income.
Medical Bills: Covers hospital stays, surgeries, medications, and other treatments related to the deceased’s final injury or illness.
Funeral and Burial Costs: Helps pay for the cost of funeral services, cremation, or burial expenses.
Lost Income: Compensates for the earnings the deceased would have provided if they had lived.
Loss of Benefits: Covers lost health insurance, retirement benefits, and other financial contributions the deceased provided.
Loss of Services: Includes household tasks the deceased used to handle, such as childcare, cleaning, or home maintenance.
Non-Economic Damages
Non-economic damages are more personal. These losses do not have a direct dollar amount but affect the emotional well-being of the family.
Pain and Suffering: Compensates surviving family members for the emotional distress and grief caused by the loss.
Loss of Companionship: Covers the emotional loss suffered by the spouse due to losing their partner.
Loss of Parental Guidance: Provides compensation for children who have lost a parent’s support, love, and mentorship.
Loss of Emotional Support: Recognizes the deep personal impact of losing a loved one’s care and presence.
Punitive Damages
Punitive damages are awarded in rare cases. These damages punish the responsible party for extreme negligence or intentional wrongdoing. They also serve as a warning to prevent similar actions in the future.
For example, if a drunk driver caused a fatal crash, the court may award punitive damages to discourage reckless behavior. However, the court will only grant these damages if the defendant’s actions were especially careless or malicious.
Losing a loved one is devastating. When their death happens due to negligence, the emotional and financial burdens can be overwhelming. A wrongful death lawyer can help you seek justice and financial recovery. Here’s why hiring an attorney is crucial.
Understanding Florida’s Wrongful Death Laws
Florida has specific wrongful death laws that determine who can file a claim and what damages they can seek. These laws are complex, and missing a detail can hurt your case. An experienced lawyer ensures your claim follows all legal requirements.
Meeting Legal Deadlines
Florida has atwo-year statute of limitations for wrongful death claims. This means that you need to file a claim within two years from the date of death.
If you miss this deadline, you lose your right to seek compensation. A lawyer ensures your case is filed on time and keeps track of all deadlines.
Proving Negligence and Liability
To win a wrongful death case, you must prove that someone’s negligence caused your loved one’s demise. This requires collecting evidence, speaking with witnesses, and consulting experts. A lawyer has the skills and resources to build a strong case.
Investigating the Case Thoroughly
A wrongful death attorney conducts a detailed investigation. They collect police reports, medical records, video footage, and expert opinions. They work to uncover the full story and strengthen your case.
Handling Insurance Companies
Insurance companies aim to minimize payouts. They may deny claims or pressure you into accepting a low settlement. A lawyer negotiates on your behalf to ensure you receive fair compensation.
Maximizing Your Compensation
An attorney calculates the full value of your claim. They consider:
Without legal help, you may settle for less than you deserve.
Holding the Responsible Party Accountable
A wrongful death claim is not just about financial recovery. It’s about justice. Your attorney ensures the responsible party is held accountable for their actions. This prevents similar tragedies in the future.
Representing You in Court if Needed
Most wrongful death cases settle outside of court. But if the insurance company refuses to pay fairly, your lawyer can take your case to trial. They present a strong argument and fight for justice in front of a judge and jury.
Reducing Stress During a Difficult Time
Grieving a loved one is hard. Dealing with legal paperwork and negotiations makes it even harder. A wrongful death attorney handles the entire legal process, giving you time to focus on your family.
Negotiating Faster Settlements
Legal cases can take time, but an experienced lawyer knows how to speed up negotiations. They work efficiently to get you the compensation you need without unnecessary delays.
Avoiding Costly Legal Mistakes
Filing a wrongful death lawsuit requires detailed paperwork. A small mistake can delay your case or even lead to dismissal. A lawyer ensures all forms, filings, and court procedures are handled correctly.
Can I file a claim if my loved one was partially at fault for their death?
Yes, Florida follows a modified comparative negligence rule. This means that even if the deceased was partially at fault, the family may still recover compensation. However, the amount awarded may be reduced by the percentage of fault.
For example, if the deceased was 20% responsible, the total compensation would be reduced by 20%. If the deceased is found to be more than 50% at fault, compensation may not be available.
What if the responsible party is facing criminal charges?
A wrongful death lawsuit is a civil case, separate from any criminal charges. Even if the responsible party is not convicted in criminal court, you can still file a civil wrongful death lawsuit.
The burden of proof is lower in civil cases. This means you may still win compensation even if a criminal court does not convict the defendant.
What happens if the at-fault party doesn’t have insurance or money?
If the responsible party doesn’t have insurance or enough personal assets, collecting damages can be difficult. However, a skilled attorney can explore other options, such as:
Identifying other liable parties (e.g., an employer, property owner, or manufacturer).
Filing claims against multiple defendants if more than one party contributed to the death.
Seeking compensation from the deceased’s own insurance policy, such as uninsured motorist coverage in car accident cases.
What should I bring to my consultation with a wrongful death lawyer?
When meeting with a lawyer, bring any documents or evidence that may support your claim, including:
Your attorney will review this information and determine the best legal strategy for your case.
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys, including Madalon Law, work on a contingency fee basis. This means you pay nothing upfront. The lawyer only gets paid if they win your case. The legal fee is then taken as a percentage of the settlement or court award.
This arrangement allows families to seek justice without worrying about legal costs.
What is a survival action, and how is it different from a wrongful death claim?
A survival action is a separate legal claim that allows the deceased person’s estate to recover damages the deceased could have claimed if they had survived. This includes:
In contrast, a wrongful death claim seeks compensation for surviving family members for their losses, such as funeral expenses, lost income, and emotional suffering. Both claims can be filed together to maximize compensation for the family and estate.
Can I File a Wrongful Death Claim Against a Government Entity in Coral Springs?
Yes, you can file a wrongful death claim against a government entity, but special rules apply. If a public hospital, city transportation system, or another government agency caused the wrongful death, Florida law limits the amount of compensation you can recover.
Additionally, the deadline to file is shorter than in other wrongful death cases. You must follow strict procedures, including giving notice to the government agency before filing a lawsuit. An experienced wrongful death lawyer can help navigate these complex rules and fight for the compensation your family deserves.
What Are the Special Rules for Medical Malpractice Wrongful Death Cases in Florida?
Florida has strict and unique laws for wrongful death claims related to medical malpractice. One of the most controversial rules is the “free kill” law. This law mandates that adult children over 25 years old cannot sue for a parent’s wrongful death caused by medical negligence. This means if a doctor’s or hospital’s mistake caused a parent’s death, their grown children may have no legal right to seek compensation.
These laws often leave grieving families without justice. However, other family members, such as a spouse or minor children, may still be able to file a claim. Consulting a wrongful death attorney can help determine your legal options.
Losing a loved one due to negligence is devastating. You need a compassionate and experienced legal team that will fight for justice while guiding you through this difficult time. Our law firm, Madalon Law, stands out for its dedication, experience, and results-driven approach. Here’s why we are the right choice for your wrongful death case.
Experienced Wrongful Death Attorneys with Proven Results
Madalon Law has a proven track record, securing over $250 million in verdicts and settlements for our clients. Our attorneys have extensive experience in personal injury and wrongful death cases. We know how to build strong cases and fight for maximum compensation.
Personalized Attention for Your Case
We treat every case with care, understanding that no two situations are the same. Our legal team takes the time to listen to your story, explain your rights, and build a personalized legal strategy.
No Upfront Fees – You Pay Only If We Win
We believe justice should be accessible to everyone. That’s why we handle wrongful death cases on a contingency fee basis—meaning you don’t pay us unless we win your case. There are no hidden fees or upfront costs.
Aggressive Representation Against Insurance Companies
Insurance companies often try to minimize payouts in wrongful death claims. Our attorneys are skilled negotiators who fight back against lowball offers, ensuring that you receive the maximum compensation possible.
Comprehensive Investigation and Case Building
Proving fault in a wrongful death case requires strong evidence. We conduct thorough investigations, collect witness statements, review medical records, and work with experts to build a compelling case on your behalf.
Trial-Ready Lawyers Who Won’t Back Down
While many wrongful death cases settle out of court, some require litigation. Our attorneys are prepared to take your case to trial if needed. We are experienced courtroom advocates who will fight for justice every step of the way.
Home and Hospital Visits for Your Convenience
We understand that traveling may be difficult after a tragic loss. That’s why we offer home and hospital visits, ensuring you can get the legal help you need without added stress. Our attorneys will come to you to discuss your case in a comfortable setting.
Compassionate Legal Support During a Difficult Time
We understand that filing a wrongful death claim can be emotionally challenging. Our team provides not only legal guidance but also emotional support, keeping you informed and easing the burden of the legal process.
Local Knowledge of Coral Springs Courts and Laws
Madalon Law has deep knowledge of Florida’s wrongful death laws and experience handling cases in Coral Springs and surrounding areas. Our familiarity with local courts and legal procedures helps us build stronger cases for our clients.
Proven Results for Families Like Yours
Our firm has helped many families secure significant settlements and verdicts in wrongful death cases. We fight tirelessly to recover compensation for medical expenses, funeral costs, lost income, and the emotional suffering of the surviving family.
Free Consultation to Discuss Your Case
Not sure if you have a case? We offer free, no-obligation consultations where we assess your situation and explain your legal options. You can speak with our Coral Springs wrongful death lawyers without any pressure or commitment.
Let Madalon Law Fight for Justice on Your Behalf
If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through this alone. The Coral Springs wrongful death lawyers of Madalon Law are here to help. Contact us today for a free case evaluation, and let us fight for the justice and compensation your family deserves.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
