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Mark Hickey

Sarasota Wrongful Death Attorneys


The wrongful death of a loved one can have a devastating effect on a family.  The emotional loss in these situations and financial hardship can be especially difficult when the deceased victim is a single mother/father or the primary source of a family’s income.  When tragedy strikes, it is important you hire a law firm with the skill, courtroom experience and financial resources necessary to prosecute all at-fault parties and obtain a full recovery for your family’s unexpected loss.

At the Fernandez Firm, our Sarasota wrongful death attorneys have been representing families of those who have lost their lives due to another’s negligence for nearly 25 years.  Throughout that period, we have helped thousands injured by car crashes, motorcycle accidents and medical malpractice, winning more than $90 million in settlements and verdicts. If you have wrongfully lost a family member due to another’s carelessness, our attorneys are always available to meet with you during these difficult times.

Contact our firm today If you have questions 1-800-222-8163.  The consultation is free.

What is a Wrongful Death Lawsuit?

A wrongful death action is a claim that can be filed when the negligence or wrongful act of one party causes another person’s premature death. Florida law states when a person’s death is caused by a wrongful act, negligence, default, or breach of contract, the estate of the deceased person may bring a civil lawsuit to obtain money damages for that death and the resulting economic losses.

The personal representative of the deceased’s estate may file the lawsuit mon behalf of the decedent and his/her beneficiaries. The personal representative may be named in the deceased’s will but, if the decedent did not leave a will, a personal representative for the estate may be appointed by the court.

Wrongful death lawsuits could include,

  • A cruise line could be sued because negligence onboard a cruise ship lead to the death of a passenger.
  • The family of a vacationer could sue the driver who struck and killed their loved one while she was riding a scooter. The driver was drunk at the time of the accident.
  • A business can be sued for the death of a motorist after a collision at an intersection where construction equipment is preventing drivers from seeing a stop sign at the intersection.
  • A driver causing a fatal accident who fled the scene could be sued for his actions.
  • A hospital can be sued after the death of a patient because it kept a surgeon or doctor on staff known for making medical errors/mistakes.
  • A car manufacturer that installed into its vehicles defective parts that failed, causing a fatal accident, could be subject to a wrongful death lawsuit.

The goal of the lawsuit is to obtain full compensation for the harm done as a result of the person’s premature death.

Depending on the facts of the case, there could be more than one defendant (party) being sued. The business that failed to remove construction equipment blocking the intersection stop sign could be a defendant along with a driver who sped through the intersection. The maker of the defective automotive parts and all the parties that brought them to the market could also be sued. If the drunk driver killing the vacationer was under age but was served alcohol at a local bar, that bar may also be a potential defendant.

Wrongful Damages You Can Recover

Under Florida law, the personal representative of the estate can recover the following damages:

  • Past lost support and services – From the date of the injury to the time of death, with interest.
  • Future lost support and services – From the date of death.
  • Loss of companionship and protection – Surviving spouses can recover these damages and mental pain and suffering.
  • Lost parental companionship – Minor children may recover these damages, as well as, the loss of instruction, guidance and mental pain and suffering.
  • Mental pain and suffering – Parents of a deceased minor child may recover these damages.
  • Mental pain and suffering – Parents of a deceased adult child may recover these damages, if there are no other survivors.
  • Medical and Funeral Expenses – May be recovered by the survivor who paid them.

Sarasota Wrongful Death – We Can Help

In Florida, a wrongful death action must be filed within two years of the date of death. This deadline makes it extremely difficult to fully investigate and prosecute these claims, especially when there is any delay in retaining an attorney due to the grief caused by a loved one’s unexpected death.  

At the Fernandez Firm, our attorneys understand the stress accompanying the death of a family member and will compassionately work to assist you and your family.  If you have questions about a potential wrongful death action, our legal team is currently available to speak with you.

Please call today, the consultation is free. 1-800-222-8163