When your loved one’s death results from another party’s negligence or wrongful conduct, you often face a painful mix of grief and legal uncertainty. Questions about whether a claim exists, who can file it, and what steps to take can feel impossible to answer on your own. An Ormond Beach wrongful death lawyer from our firm can help you and your family work through those questions and take meaningful steps toward accountability.
Florida law provides a specific framework for wrongful death claims, but applying it without guidance is difficult. The rules governing who may file a claim, what you must prove, and how courts treat these cases require careful attention. An experienced personal injury attorney from our firm who understands the state’s wrongful death statutes can help you and your family navigate the process.
Not every fatal accident gives rise to a legal claim. Under Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a death qualifies as wrongful when it results from another party’s negligent, reckless, or intentional conduct. The law distinguishes between unavoidable accidents and incidents where someone’s failure to act reasonably, or disregard for others’ safety, directly causes a death.
If you are pursuing a fatal injury claim in Ormond Beach, our attorneys can help you establish the elements the law generally requires to prove the case. These include proving that:
Proving these elements requires careful investigation, and the strength of your claim often depends on how quickly you can preserve evidence after the incident.
Florida’s Wrongful Death Act assigns the right to initiate a wrongful death lawsuit to a single designated party—the personal representative of the deceased’s estate. The deceased’s will typically names the personal representative, or a probate court appoints one when no will exists. The personal representative’s role includes gathering evidence, working with legal counsel, and communicating with insurers on behalf of the estate and every eligible surviving family member.
State law also sets a strict two-year deadline for filing under Fla. Stat. § 95.11(4)(d). Working with our attorneys early in handling wrongful death cases in Ormond Beach can help ensure you meet all procedural requirements, preserve critical evidence, and avoid missing the filing window that could permanently close the claim.
If you have lost a loved one in a wrongful death accident, it is normal to assume that pursuing compensation requires filing criminal charges first. In reality, civil and criminal proceedings are separate legal processes. A wrongful death civil case can proceed regardless of whether a criminal prosecution occurs, and regardless of whether those charges result in a conviction or whether the court never prosecutes the matter.
The two systems also apply different standards of proof. A criminal prosecution must establish guilt beyond a reasonable doubt. A civil wrongful death case requires only a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death. Even if a court acquits a defendant in a case involving wrongful death, our Ormond Beach attorneys can still evaluate whether a civil claim may move forward on your loved one’s behalf.
With over 50 years of service to families, we approach every wrongful death case with diligence and care. An Ormond Beach wrongful death lawyer on our team can review your circumstances, explain what the law allows you to pursue for your deceased loved one, and advocate for your loved one’s rights at every stage.
We are in your community and on your side. Contact Rue & Ziffra today to schedule a free consultation.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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