Intentional Acts and Wrongful Death Lawsuits in Florida

Losing a loved one is one of the most painful experiences anyone can go through. When that loss occurs due to the actions of another person, especially when those actions were intentional, the grief can feel unbearable. If you’re reading this, you might be feeling overwhelmed, confused, and uncertain about what to do next. It’s normal to feel this way after such a traumatic event. At our firm, we understand the emotional weight that wrongful death claims involving intentional acts can bring, and we’re here to help guide you through this difficult time. We are committed to helping families like yours seek justice for the loss of a loved one.

Understanding Wrongful Death and Intentional Acts

Wrongful death refers to a death that occurs as a result of the negligence or intentional actions of another person. While most wrongful death cases involve negligent acts, such as car accidents or medical malpractice, some wrongful deaths are caused by intentional acts. Intentional acts are those in which the person responsible meant to cause harm. This could be through actions like assault, battery, or even murder. When someone intentionally causes the death of another, it’s not just a tragedy—it’s a crime, and the family of the deceased has the right to pursue a wrongful death claim in Florida.

The Legal Process in Florida for Wrongful Death Claims Involving Intentional Acts

In Florida, wrongful death claims are governed by specific laws designed to protect the surviving family members of those who have been tragically taken from them. These laws allow the deceased person’s family to hold the responsible party accountable for their actions. However, when intentional acts are involved, the process can be more complex. Unlike negligence cases, where the defendant may not have intended harm, wrongful death claims based on intentional acts typically involve more aggressive legal strategies.

The process for filing a wrongful death claim in Florida typically begins with a consultation with an attorney. During this time, you will provide details about the case, and the attorney will gather necessary information to determine if there is a valid claim. If the case involves an intentional act, such as assault or murder, the legal process may involve both civil and criminal courts. The person who caused the death may face criminal charges, and the family of the deceased can file a civil lawsuit to seek damages for their loss.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Who Can File a Wrongful Death Claim in Florida?

Florida law allows specific individuals to file a wrongful death claim, and this is particularly important in cases involving intentional acts. The law recognizes that the immediate family members of the deceased—such as the spouse, children, and parents—are the most affected by the loss. In some cases, extended family members may also be eligible to file a claim, depending on their relationship to the deceased.

In wrongful death cases involving intentional acts, the surviving family members are often left in a state of shock and distress. It’s important to know that, even in these painful times, you have the legal right to seek justice and compensation for your loved one’s death. An experienced attorney can help you understand who is eligible to file and guide you through the necessary steps.

Damages in Wrongful Death Claims Involving Intentional Acts

In a wrongful death claim involving an intentional act, the damages you may be entitled to can be significant. Florida law allows the family of the deceased to seek compensation for various types of damages. These can include both economic and non-economic damages, as well as punitive damages in certain circumstances.

Economic damages are those that have a direct financial impact, such as medical bills, funeral expenses, and loss of income. Non-economic damages refer to the emotional toll caused by the loss, such as pain and suffering, loss of companionship, and mental anguish. In cases where the death was caused by an intentional act, the court may also award punitive damages. These damages are intended to punish the responsible party for their actions and to deter others from engaging in similar behavior in the future.

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

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

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

How the Legal System Handles Intentional Acts

In Florida, when intentional acts result in death, the criminal justice system may also be involved. If the responsible party faces criminal charges, such as murder or manslaughter, there will be a separate criminal case in addition to the civil wrongful death claim. The criminal case is handled by the state, and the goal is to punish the person responsible for their actions.

On the other hand, a civil wrongful death claim focuses on seeking compensation for the surviving family members. It’s important to note that even if the person responsible for the death is acquitted in a criminal court, the family can still pursue a wrongful death claim in civil court. The burden of proof is lower in civil court than in criminal court, so it is possible to obtain compensation even if the defendant is not found guilty of a crime.

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The Importance of Legal Representation in Wrongful Death Claims Involving Intentional Acts

When facing a wrongful death claim involving intentional acts, having the right legal representation is crucial. These types of cases are complex, and the emotional distress can make it difficult to navigate the legal process on your own. With an experienced attorney by your side, you can focus on healing while your legal team handles the details of your case.

At our firm, we are committed to providing compassionate and dedicated legal assistance to families who have lost loved ones due to intentional acts. We understand that no amount of money can bring your loved one back, but we also know that seeking justice can help provide some sense of closure and hold the responsible party accountable for their actions.

The Role of an Attorney in Your Case

An attorney’s role in a wrongful death claim involving intentional acts is to investigate the case thoroughly, gather evidence, and build a strong case for the family. This may involve working with law enforcement, reviewing medical records, consulting with expert witnesses, and gathering testimony from individuals who were present at the time of the incident. The attorney will also handle all legal filings, court appearances, and negotiations with insurance companies or the responsible party’s legal team.

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.

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Throughout the process, your attorney will be your advocate, ensuring that your rights are protected and that you have the best chance of obtaining the compensation you deserve. While the legal process can be long and stressful, having the right attorney can make all the difference in the outcome of your case.

What to Do Next

If you have lost a loved one due to an intentional act, you don’t have to go through this difficult time alone. Our firm is here to help you understand your rights, explore your options, and fight for the justice your family deserves. We know that this is a painful and overwhelming time, but with the right legal representation, you can have peace of mind knowing that we are working tirelessly on your behalf.

We offer a free consultation to discuss your case, answer any questions you may have, and provide the guidance you need to move forward. Our team is ready to listen, support you, and fight for the compensation and justice that you and your family deserve. If you are ready to take the next step and explore your legal options, contact us today. We’re here for you during this difficult time.

At Serrano Law, we have the experience and dedication to help you navigate the complexities of a wrongful death claim involving intentional acts in Florida. Let us help you seek the justice and closure your family deserves.

To learn more about this subject click here: The Role of Autopsies and Forensic Evidence in Florida Wrongful Death Cases