It is always a tragic shock when a loved one dies unexpectedly. When a person dies as a result of someone else’s negligence, it is even worse. Wrongful death is the legal phrase used to describe a death resulting from someone else’s failure to use reasonable care.

At Avera & Smith, we provide compassionate and dedicated representation to families who have lost loved ones because of another’s negligence. Such fatalities can happen in many different ways, including:


Frequently Asked Questions

Most people do not know that the negligence that occurred does not have to directly cause death – it need only cause injury which subsequently leads to death. Here is some more important information regarding such personal injury claims:

Q. Who is entitled to bring a wrongful death claim?
A. A wrongful death action is brought by the personal representative of the decedent’s estate. The personal representation has a duty to bring all claims on behalf of the estate and all survivors recognized by the Florida Wrongful Death Act to the lawyer.

Q. What do I need to prove in order to bring a successful claim in Florida?
A. Florida law requires that your loved one died as a result of someone else’s negligent, reckless or intentional conduct.

Q. How do I know how much my claim is worth?
A. The value of your claim will depend on several factors, which will be discussed at your initial consultation with our Gainesville wrongful death lawyers. The value will focus on the earnings of the deceased individual, as well as several other factors.

Q. Does Florida law allow recovery for pain and suffering by the deceased?
A. Typically not – with some very rare exceptions. The Florida Wrongful Death Act does not compensate the decedent’s survivors for pain and suffering, mental anguish, loss of companionship and other damages occurring as a result of the decedent’s death.

Q. How long does it usually take to complete a wrongful death lawsuit?
A. Every claim is different. However, Avera & Smith knows how important it is to you to have your case competently and successfully tried. The typical case lasts approximately 18 months, but it may take longer if there are complex legal issues involved. The important thing is to begin to prepare the case for trial the moment your counsel is retained.

Call Our Florida Wrongful Death Attorneys

To schedule a free initial consultation, contact Avera & Smith, by email or call our Gainesville office at 352-372-9999 or toll free at 800-654-4659.

Contact UsSe habla español.