Milton Wrongful Death Lawyer

Trusted Wrongful Death Attorney in Milton

It is never easy dealing with the devastating, often sudden, loss of a loved one. However, when your family member’s passing was the result of another party’s negligent actions, there is an additional layer of grief. A capable Milton wrongful death lawyer can advocate for you and your family by filing a claim on behalf of your deceased loved one.

What to Know About Phil Hall, P.A.

At the office of Phil Hall, P.A., we have served clients and their families for over 20 years. Our legal team believes in representing those who have been wronged and harmed, including taking action on behalf of family members who have suffered a wrongful death. We can guide you through a stressful situation, supporting you at every step of the process.

When to Hire a Wrongful Death Lawyer

If a loved one was in a fatal accident or died because of an injury that wasn’t mostly their fault, you should hire a wrongful death lawyer to explore your legal options. Florida personal injury laws allow surviving family members to take legal action on behalf of deceased relatives who were wrongly harmed and ultimately passed away.

It is strongly recommended that you consult an experienced wrongful death lawyer right away. According to Florida’s wrongful death laws, the claim must be filed within two years. Otherwise, you permanently forfeit your right to pursue compensation. This is the standard statute of limitations for wrongful death, but there may be some exceptions. Be sure to ask your attorney about how much time you have in your particular circumstances.

At Phil Hall, P.A., an experienced Milton wrongful death attorney can represent you in claims arising from a variety of circumstances, including:

• Traffic accidents. Crashes can result in severe and fatal injuries, often occurring due to speeding, drunk or distracted drivers, and poor road conditions.
• Medical malpractice. Examples of medical malpractice may include surgical mistakes, misdiagnosis, and incorrect medication or dosage, among others.
• Premises liability. Fatal accidents can happen when the safety of public or private property is not properly maintained. Examples include insufficient security and uneven flooring. In instances where a visitor or guest is harmed, the property owner is liable for the resulting damages.
• Dangerous or defective products. When consumer products are poorly designed, faulty, or inadequately labeled with warnings, consumers can be injured or fatally affected. Insufficiently tested medications or medical devices, faulty car parts, and dangerous electronics are some examples. In these instances, several parties may be held liable, such as manufacturers, suppliers, distributors, or retailers.

In Florida, there were over 14,000 deaths resulting from unintentional injury in 2024. This is an approximate rate of 52.9 fatalities per 100,000 people. In Santa Rosa County, there were about 100 deaths from unintentional injury that year, a rate of 44.9 per 100,000 citizens.

Understanding Modified Comparative Negligence in FL

In Florida, injured parties, including families in cases of wrongful death, can only take legal action if the degree of fault is 50 percent or less. This is known as the state’s modified comparative negligence system. Under this doctrine, if it is determined that the deceased individual was 51 percent or more responsible for the accident leading to their injury or death, the surviving family members are completely barred and unable to seek compensation.

Additionally, the maximum amount that may be recovered in damages is impacted by the degree of shared fault. For example, if someone was found to be 30 percent liable for the accident, only up to 70 percent of the damages may be recovered. If the person was 49 percent responsible, up to 51 percent of the potential compensation can be sought.

What Damages Are Included in a Wrongful Death Case?

In a wrongful death case, damages are primarily divided into damages for the estate and damages for the survivors, which are split amongst family members. Damages for survivors can include:

• Past and future loss of support and services the deceased would’ve provided
• Loss of companionship or parental guidance
• Mental pain

Damages for the estate can include:

• Lost earnings
• Expected net accumulations
• Unpaid medical or funeral costs

The exact level of compensation can vary, depending on the case’s specific factors. Your attorney can calculate how much your claim may be worth.

How Is Wrongful Death Proven in Florida?

To successfully prove that wrongful death occurred and recover compensation, negligence must be proven by establishing four elements. These are:

1. Duty of care. It must be shown that the accused party owed the victim a duty of care, which is a certain level of care expected of a reasonable person in a similar position. For example, drivers have a duty of care to others on the road.
2. Breach of duty of care. It must be established that the defendant failed to meet the duty of care. For example, evidence may show that a property owner failed to repair faulty stairs after being made aware of the issue.
3. Causation. Evidence must show that breaching the duty of care directly led to the victim’s death. For example, a doctor may have prescribed the wrong medication, leading to a patient’s death.
4. Damages. Proof must also be provided that real damages were suffered by the surviving family members because of the victim’s death. For example, the family may have relied on the deceased’s income to pay their bills.

Where Are Wrongful Death Claims Handled?

The legal venue that oversees a wrongful death claim depends on the amount of damages in question and where the deceased resided, among other factors. For example, a wrongful death case in Milton is most likely to be handled in the Santa Rosa County Courthouse, which is located at 4025 Avalon Blvd., Milton, FL 32583. It is strongly recommended that you consult your lawyer about addresses and other important information, as they can vary from case to case.

Reach Out to a Wrongful Death Attorney

Look no further than the office of Phil Hall, P.A., when you’re searching for an attorney experienced in wrongful death proceedings. Our team can listen to your story and develop a strategy to pursue compensation. Reach out to us today to schedule a consultation.