Florida Wrongful Death in Care Facilities Lawyer

Losing a loved one is one of the most profound and painful experiences a person can endure. The grief can feel overwhelming, leaving you with questions, sorrow, and a sense of deep injustice. This pain is magnified when you suspect that the loss was not a natural event, but the result of neglect or mistreatment in a place you trusted to provide care. 

If your family member passed away while residing in a nursing home, assisted living facility, or another long-term care center, a compassionate Florida wrongful death in care facilities lawyer can help guide you through the process of seeking justice.

At Spetsas Buist, we understand this is more than a legal case; it’s about your family, your loved one’s memory, and the need for justice. We approach these sensitive situations with the dignity and respect your family deserves, focusing on telling your loved one’s story to hold the responsible parties accountable.

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Key Takeaways about Wrongful Death in a Florida Care Facility 

• A wrongful death claim can be pursued when a person's death is caused by the negligence or wrongful act of a care facility or its staff.
• Florida law specifies which surviving family members are eligible to receive compensation and outlines the types of damages that can be recovered.
• Common examples of negligence in care facilities include medication errors, failure to prevent falls, malnutrition, dehydration, and abuse.
• These cases often require thorough investigation, including reviewing medical records, facility staffing logs, and consulting with medical professionals.
• There is a strict two-year time limit, known as the statute of limitations, to file a wrongful death lawsuit in Florida.
• Families may be able to recover compensation for funeral expenses, medical bills, lost companionship, and pain and suffering.

Why Choose Spetsas Buist for This Fight?

When you’re facing the unimaginable pain of losing a family member due to neglect, the last thing you need is to feel like just another case number. At Spetsas Buist, our core mission is to treat you like family and fight for you with the same passion we would for our own. We intentionally limit the number of cases we take on to ensure we can provide the personalized, attentive service you deserve. We built our firm on the principle that people going through the hardest time of their lives should have direct access to their attorney.

Here’s how we stand by that commitment:

• Direct and Unfiltered Access to Your Lawyer. From your first call to the final resolution, you will have your lawyer’s direct cell phone number and email. There are no call centers or layers of staff to get through. We believe in building a real relationship with you because understanding your story is key to telling it effectively.
• Insight from Working for the Other Side. We used to represent the very insurance companies we now fight against. This experience gives us a unique advantage. We know their tactics, how they evaluate claims, and the strategies they use to minimize payouts. We use this knowledge to build a stronger case for you.
• We Are Trial Attorneys, Not a Settlement Mill. Many firms are designed to settle cases quickly and in high volume. We are different. We prepare every single case as if it’s going to trial. While many cases settle, our readiness to step into a courtroom shows insurance companies we are serious and won’t back down from a fight to get you the justice you deserve.

We founded this firm to bring back the personal, professional service that law was meant to be. Our goal is not just to win your case, but to be a source of support and guidance for your family every step of the way. Contact us today to discuss your case during a free and confidential consultation. 

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Understanding Wrongful Death in Florida Care Facilities

When we place a parent, grandparent, or spouse in a care facility—such as a nursing home, assisted living community, or memory care unit—we are placing an immense amount of trust in that facility’s staff and administration. We trust them to provide compassionate, competent care. When that trust is broken and their failure to provide proper care leads to a resident’s death, it may constitute a wrongful death under the Florida Wrongful Death Act.

In simple terms, a wrongful death is a death caused by the wrongful act, negligence, or default of another person or entity. In this context, "negligence" means the care facility failed to meet the accepted standard of care, which is the level of care a reasonably careful facility would have provided under similar circumstances. This failure, or breach of duty, directly resulted in the death of your loved one.

What Does Negligence Look Like in a Care Facility?

Negligence in a nursing home or assisted living facility isn't always a single, dramatic event. More often, it's a pattern of neglect or a series of errors that lead to a resident's steady decline and eventual death. Recognizing the signs is crucial for holding these facilities accountable.

Some of the most common forms of negligence that can lead to a wrongful death include:

• Chronic Understaffing: This is often the root cause of many other problems. When a facility doesn't have enough qualified staff, residents may not be monitored properly, calls for help go unanswered, and essential care is missed.
• Medication Errors: This can involve giving the wrong medication, the wrong dosage, or missing doses entirely. For elderly residents with complex health needs, these mistakes can be fatal.
• Neglect Leading to Malnutrition or Dehydration: Failing to ensure residents are eating and drinking properly can lead to a host of severe health complications that can ultimately cause death.
• Failure to Prevent Falls: Elderly residents are often at high risk for falls. Facilities have a duty to assess this risk and implement safety measures, such as bed rails, non-slip floors, and proper assistance with mobility. A fall can lead to a broken hip or head injury that starts a rapid decline.
• Untreated Infections or Bedsores: Bedsores (also called pressure ulcers) are a clear sign of neglect. If left untreated, they can lead to life-threatening infections like sepsis. Similarly, failing to diagnose and treat other infections, like UTIs or pneumonia, can be deadly.
• Physical or Emotional Abuse: In the most tragic cases, direct abuse by staff members can contribute to a resident's death, either through physical injury or the severe stress and emotional trauma it causes.

These issues are not just unfortunate accidents; they are often preventable failures that stem from a facility's decision to prioritize profits over people. A thorough investigation by a Florida wrongful death lawyer can uncover the evidence needed to prove this negligence.

Who Is Allowed to File a Wrongful Death Claim in Florida?

After a loved one's passing, it’s natural for the entire family to want to seek justice. However, Florida law is very specific about who has the legal right to file a wrongful death lawsuit. The claim must be filed by the "personal representative" of the deceased person's estate. This individual is either named in the deceased's will or appointed by the court.

While the personal representative files the lawsuit, they do so on behalf of the deceased’s "survivors," who are the family members entitled to recover damages. According to Florida statutes, survivors typically include:

• The surviving spouse.
• The deceased's minor children.
• The deceased's adult children (if there is no surviving spouse).
• The parents of a deceased minor child.
• The parents of a deceased adult child (if there are no other survivors).

Navigating the legal definitions of "personal representative" and "survivor" can be complex, especially while grieving. This is one of the first areas where a knowledgeable attorney can provide clarity and ensure the case is filed correctly on behalf of the right family members.

The Role of a Florida Wrongful Death Attorney 

The thought of taking on a large care facility and its insurance company can be intimidating. Their goal is to protect their bottom line by paying as little as possible. Our goal is to level the playing field and fight for what your family is entitled to under the law.

Here is what an attorney does to build a strong wrongful death claim:

1. Conduct a Deep Investigation: We immediately work to preserve evidence. This involves gathering all of your loved one’s medical records, the facility’s internal reports, staffing schedules, and state inspection records. We also identify and interview potential witnesses, such as other residents, family members, and former employees.
2. Consult with Medical Professionals: To prove that the facility's negligence caused the death, we often work with medical professionals who can review the records and provide testimony on the standard of care and how it was breached.
3. Calculate the Full Extent of Your Family's Losses: We work with you to understand and document all the economic and non-economic damages your family has suffered. This goes far beyond just medical bills.
4. Handle All Communications with the Facility and Insurers: You don't have to deal with aggressive insurance adjusters or defense attorneys. We take over all communications, protecting you from their tactics and allowing you to focus on healing.
5. File the Lawsuit and Prepare for Trial: We handle every aspect of the legal process. As experienced trial attorneys, we are not afraid to take your case before a judge and jury if the facility is unwilling to offer a fair settlement.

Our job is to lift the legal burden from your shoulders so you can focus on your family. We are here to be your advocates, your storytellers, and your fighters.

What Compensation Is Available in a Care Facility Wrongful Death Case?

While no amount of money can ever replace the person you lost, the law provides a way to secure financial compensation, known as "damages." This is meant to acknowledge the immense losses your family has suffered and to provide a measure of financial stability for the future. In a Florida wrongful death case, damages are generally divided into two categories.

Damages Awarded to the Estate:
This compensation is for losses suffered directly by your loved one before they passed away and is paid to their estate.

• Final Medical Expenses: Costs for hospital stays, doctor visits, and other medical care related to the final injury or illness.
• Funeral and Burial Costs: The reasonable expenses associated with your loved one's funeral and burial.
• Lost Wages and Earnings: The value of the salary and benefits the deceased would have been expected to earn had they lived.

Damages Awarded to the Survivors:
This compensation is for the personal losses suffered by the surviving family members.

• Loss of Companionship and Protection (for a spouse): Compensation for the loss of the unique relationship, love, and comfort a spouse provides.
• Loss of Parental Companionship, Instruction, and Guidance (for minor children): Acknowledges the profound loss a child experiences when they lose a parent's support and guidance.
• Mental Pain and Suffering (for all survivors): Compensation for the emotional and psychological anguish caused by the wrongful death of a beloved family member.
• Lost Support and Services: The monetary value of the services the deceased provided to the family, such as childcare, home maintenance, or financial management.

We carefully document each of these losses to present a comprehensive and compelling picture of the total impact your loved one's death has had on your family.

The Deadline for Filing a Claim in Florida

It is essential to understand that you do not have an unlimited amount of time to seek justice. Florida, like all states, has a law called the "statute of limitations," which sets a strict deadline for filing a lawsuit. For most wrongful death cases in Florida, the lawsuit must be filed within two years of the date of death.

If you miss this deadline, the court will likely dismiss your case, and your family will lose the right to pursue compensation forever. Two years may seem like a long time, but building a strong wrongful death case takes time. Evidence can be lost, witnesses can move away, and memories can fade. That is why it is so important to speak with a  lawyer as soon as you can to protect your family's rights.

Florida Wrongful Death in Care Facilities FAQs

We know you have many questions during this confusing and emotional time. Here are answers to some common concerns families have.

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