Has your family lost a loved one to negligence in Ocala, FL?
At Presser Law, P.A., we stand with Ocala families who have lost a loved one through another party’s negligence, and we demand full compensation for that loss.
When negligence takes the life of someone you love in Ocala, a wrongful death lawyer can stand beside your family and pursue the accountability the law allows. Our firm represents surviving families across Marion County, managing each claim from the initial investigation through resolution or trial. At Presser Law, P.A., our Ocala, FL wrongful death lawyer has represented grieving families around Central Florida for years. We handle wrongful death claims on contingency, and no fee is charged unless we win. Call whenever the family is ready to discuss the matter.
Wrongful Death Lawyer Ocala, FL
Traffic crashes alone claim more than three thousand lives on Florida roads annually, according to state crash data, and fatal accidents represent only one source of wrongful death claims. A preventable error in a hospital, a hazard on a job site, or a neglected hazard on a property can end a life just as suddenly. A wrongful death lawyer represents the surviving family and the estate of the person who died. Our firm investigates the circumstances, identifies every responsible party, and pursues recovery on the family’s behalf. An Ocala wrongful death attorney carries the case through the legal process so the family can tend to what matters most.
Types of Wrongful Death Cases We Handle in Ocala
Our firm takes on wrongful death claims stemming from a broad range of circumstances in Marion County. The cause of death, the parties involved, and the available coverage differ in each situation. Below are the wrongful death cases our attorneys handle most.
- Car accident fatalities. A fatal crash on an Ocala road can leave a family without a provider or a parent overnight. We build the collision case and pursue every available policy.
- Truck accident fatalities. A deadly wreck involving a commercial truck often implicates the carrier, the driver, and federal safety violations. We act quickly to lock down electronic logs and maintenance files.
- Pedestrian fatalities. A pedestrian struck and killed by a vehicle absorbs the full force of the impact. We prove the driver’s fault and pursue the insurer for the family’s losses.
- Motorcycle accident fatalities. A rider killed in a crash often leaves behind a family that must contend with insurer bias against motorcyclists. We counter that bias with the physical evidence.
- Medical negligence fatalities. A preventable error by a medical professional can end a life that proper care would have saved. We retain qualified reviewers and build the record of the failure.
- Workplace fatalities. A death on a construction site or in a warehouse may involve a contractor, an equipment manufacturer, or both. We identify every party whose negligence contributed.
- Premises liability fatalities. A drowning in an unprotected pool, a fall from a defective stairway, or an assault in a building with poor security can each give rise to a claim. We show what the property owner failed to address.
- Nursing home fatalities. Neglect or abuse in a care facility can contribute to a resident’s death. We gather the facility’s records and document the standard of care that went unmet.
Why Choose Presser Law, P.A. as My Wrongful Death Lawyer in Ocala, FL?
A Career Spent Representing Plaintiffs
Justin Presser founded Presser Law, P.A. and has represented injured and bereaved plaintiffs for his entire career. He has carried a Super Lawyers distinction for ten consecutive years, a mark reserved for a small percentage of Florida attorneys. He maintains a 10.0 Superb rating on Avvo and went through the FAMU College of Law for his legal training. He is also an Eagle member of the Florida Justice Association, the organization that represents plaintiff trial attorneys across the state. That record guides our firm through every wrongful death case it accepts.
A Strong Record, No Fee Unless We Win
We take wrongful death cases on contingency, so the family owes no fee unless we recover. Our firm has won millions of dollars for clients harmed by negligence, and we bring the same resolve to wrongful death claims. Because our pay is tied to the outcome, a family can hire us without paying anything in advance, and our motivation aligns with theirs. We stay in close contact with the family throughout the case.
What Is Important to Understand About a Wrongful Death Case?
Damages, Liability, and Compensation for Wrongful Death Cases
Florida law allows the personal representative of the deceased person’s estate to bring a wrongful death action for the benefit of the surviving family. The claim exists to compensate survivors for the losses the death has imposed. Several kinds of damages may be available, depending on the survivor’s relationship to the deceased.
- Loss of support and services. The financial contributions and household services the deceased would have provided are recoverable.
- Loss of companionship and parental direction. A surviving spouse, child, or parent may recover for the loss of the relationship, including the mentoring and moral support the deceased provided.
- Mental pain and suffering. The emotional suffering close family members endure after the death is a recognized form of recovery.
- Medical and funeral expenses. The cost of any treatment before the death, along with the funeral and burial, is recoverable.
- Lost net accumulations. The estate may pursue the income the deceased would have saved over a normal life expectancy, after subtracting personal expenses.
Liability follows the same negligence principles that apply to any injury claim. The party whose carelessness caused the death must compensate the survivors, an obligation typically met by insurance. If fault is shared, Florida assigns each party a percentage, and the estate’s share lowers the recovery. Past fifty percent, recovery is barred.
What Are Important Aspects of a Wrongful Death Case?
A wrongful death claim is shaped by a handful of factors, and the earliest steps tend to count for the most. The steps taken early preserve evidence that might otherwise be lost.
- Securing the police or incident report as soon as it becomes available establishes the initial record.
- Preserving photographs, surveillance footage, and physical evidence before it is altered or discarded is essential.
- Identifying all potentially responsible parties, from employers and property owners to product manufacturers, broadens the avenues for recovery.
- An insurer’s early settlement approach in a fatal case often falls far short of the family’s actual losses.
The insurer in a wrongful death case operates the same way as in any other claim. Adjusters look to hold payouts down, and a family dealing with the insurer on its own risks accepting far less than the case is worth.
What Is the Wrongful Death Case Timeline?
The length of a wrongful death claim varies with the complexity of the case. Claims involving multiple defendants or disputed liability tend to result in delays. Most cases, however, move through a similar process.
- Our firm investigates and gathers records, evidence, and documentation bearing on the death.
- A qualified personal representative is appointed to act for the estate, if one has not already been named.
- A demand is issued to the responsible party’s insurer setting out the full scope of the family’s losses.
- Negotiation follows, and most wrongful death claims resolve at this stage.
- A lawsuit and trial follow only when the insurer refuses to pay what the loss is worth.
The great majority of wrongful death claims are resolved before trial. When the offer fails to reflect the true scope of the loss, our firm will present the case to a jury.
What Should You Bring to Your Wrongful Death Consultation?
A few key documents make the first conversation more productive. If any are missing, our firm can help obtain them.
- Bring any police or incident report on file.
- Bring the death certificate and any autopsy or medical examiner report.
- Bring whatever medical records and bills preceded the death.
- Bring the insurance information for every party who may bear responsibility.
The consultation carries no obligation. We will review what happened, answer the family’s questions, and, if we take the claim, explain the path ahead and how long it may last. The family will leave the meeting with a clear understanding of its legal options.
Important Florida Legal Resources for Wrongful Death Cases
Florida law governs how wrongful death claims are decided. The public resources below explain the rules that govern them.
- Florida’s statute of limitations provides two years to file a wrongful death claim.
- The state’s comparative negligence rule lowers a recovery by the estate’s share of fault and blocks it entirely when that share exceeds fifty percent.
- The same statute identifies the categories of economic and non-economic damages available in a wrongful death action.
- The Florida courts self-help center explains how civil cases move through the court system.
Reach Out to Presser Law, P.A. to Schedule a Consultation
If your family has lost someone to negligence in Ocala, a wrongful death attorney who takes cases across the state can review the claim and explain the family’s options. That first meeting is free, and we charge a fee only when we win. Our phone is answered at any hour, and we can help assemble the records and documentation the claim requires. Contact us so Attorney Justin Presser can begin working on your case.
