Wrongful Death Claims Involving Slip and Fall Accidents in Florida

Losing a loved one is an incredibly painful experience, and when their death is caused by an accident, the emotional burden can be even heavier. If you are reading this, it’s possible that you are dealing with the loss of a family member due to a slip and fall accident. At this difficult time, we understand that you may feel overwhelmed, confused, and uncertain about the next steps to take. If your loved one’s death was the result of someone else’s negligence, you may be entitled to pursue a wrongful death claim. We are here to guide you through this challenging process and help you seek justice and compensation for your loss.

Understanding Wrongful Death Claims

Wrongful death claims allow surviving family members to seek compensation when a loved one’s death is caused by the negligence or carelessness of another party. In Florida, these claims are governed by specific laws that provide an opportunity for families to recover damages from those responsible for the death of their loved one. When it comes to slip and fall accidents, these types of incidents can result in severe injury or death, especially when hazardous conditions are present in public places, such as slippery floors, uneven surfaces, or inadequate lighting.

When a slip and fall accident occurs due to the negligence of property owners or managers, a wrongful death claim may be pursued if the incident ultimately leads to fatal injuries. It is important to remember that a wrongful death claim is not just about seeking compensation—it is also about holding the responsible parties accountable for their actions and preventing similar accidents from happening to others in the future.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What Causes a Slip and Fall Accident

Slip and fall accidents are a common cause of injuries and fatalities, particularly in public places like shopping centers, parking lots, or even private homes. These accidents can happen when the property owner fails to maintain a safe environment, leaving dangerous hazards unaddressed. For example, wet floors, poorly lit areas, cracked sidewalks, or icy surfaces can easily cause someone to lose their footing and fall. When the conditions are hazardous and the property owner fails to take necessary precautions, they can be held legally responsible for the injuries or death that result from these accidents.

In Florida, property owners have a legal duty to maintain their premises in a reasonably safe condition. If they fail to do so and someone is injured or killed as a result, they may be held liable under the state’s premises liability laws. This is especially important when a fatality occurs because of their negligence. Families who have lost a loved one due to a slip and fall accident need to understand their legal rights and take the necessary steps to seek justice.

The Impact of Slip and Fall Fatalities

The consequences of a slip and fall accident that leads to death can be devastating for surviving family members. In addition to the emotional toll, families may also face financial hardships due to lost wages, funeral expenses, and medical bills. These challenges can make it even more difficult to cope with the loss, and this is where pursuing a wrongful death claim can provide some relief.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

A wrongful death claim can help cover a variety of costs associated with the tragedy, including funeral expenses, medical bills, and any lost income or benefits the deceased would have provided to their family. Additionally, families may be entitled to compensation for the pain and suffering they have endured as a result of their loved one’s death. Although no amount of money can replace the loss of a loved one, seeking financial restitution can help ease some of the burdens and provide a sense of closure.

How a Florida Wrongful Death Attorney Can Help

If you are considering filing a wrongful death claim after the tragic loss of a loved one in a slip and fall accident, it is crucial to consult with an attorney who can guide you through the process. An experienced wrongful death attorney can help determine if your case meets the necessary legal criteria, gather evidence to support your claim, and negotiate on your behalf with the responsible parties or their insurance companies.

The legal process for wrongful death claims in Florida can be complex, and having the right attorney by your side can make a significant difference in the outcome of your case. Your attorney will work diligently to ensure that your family receives the compensation you deserve for the loss of your loved one. They will help you understand the types of damages that may be available to you, including economic damages for financial losses and non-economic damages for emotional suffering.

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Proving Liability in Slip and Fall Wrongful Death Cases

In order to win a wrongful death claim involving a slip and fall accident, it is necessary to establish that the property owner was negligent in some way. This means showing that the property owner knew or should have known about the hazardous condition that led to the fall and failed to take appropriate action to fix the problem. Your attorney will help gather the evidence needed to prove that the property owner was at fault, such as security footage, witness testimony, and opinions.

In some cases, proving negligence may involve demonstrating that the property owner was aware of the dangerous condition for an unreasonable amount of time before taking action. In other cases, liability may rest on the fact that the property owner failed to properly maintain the premises or failed to warn visitors about the hazard. Each case is unique, and your attorney will carefully investigate the circumstances of the accident to determine who is responsible for your loved one’s death.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

Statute of Limitations for Wrongful Death Claims in Florida

In Florida, there is a statute of limitations that limits the amount of time you have to file a wrongful death claim. The statute of limitations for wrongful death cases in Florida is generally two years from the date of death. This means that if you wish to pursue a wrongful death claim, it is essential to take action as soon as possible. Failing to file your claim within this time frame can result in the loss of your right to seek compensation for your loss.

While two years may seem like a long time, it is important to act quickly to preserve evidence, gather witness statements, and build a strong case. Your attorney will help ensure that your claim is filed on time and that all necessary steps are taken to protect your legal rights.

If you are dealing with the heartbreak of losing a loved one in a slip and fall accident, we understand the immense emotional pain and confusion you are facing. During this challenging time, having a trusted legal team on your side can make all the difference. At Serrano Law, we are committed to helping families navigate the wrongful death process and seek the justice and compensation they deserve. Our compassionate attorneys are here to listen to your story, guide you through the legal steps, and fight for the best possible outcome in your case.

If you are ready to take the next step and pursue a wrongful death claim, contact us today to schedule a free consultation. Let us help you secure the justice your loved one deserves while providing the support your family needs during this difficult time.

To learn more about this subject click here: Common Causes of Slip and Fall Accidents in Florida and How to Prevent Them

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