Lakeland Fatal Work Injury Lawyer
At Smith Feddeler & Smith, P.A., we are dedicated to standing beside families who have lost someone to a fatal workplace accident. Our firm’s commitment extends beyond legal representation—we become your advocates, support system, and dedicated partners during one of life’s most challenging moments.
Our role as your legal representatives involves helping you understand your rights, pursue all available compensation, and ensure that those responsible for unsafe working conditions are held accountable. Call (863) 688-7766 to schedule a free consultation with an experienced Lakeland fatal work injury lawyer at Smith Feddeler & Smith, P.A. Don’t wait another minute to seek legal counsel. We handle every aspect of your case so that you can focus on taking care of your family and grieving your loss.
Why Choose a Lakeland Fatal Work Injury Lawyer at Smith Feddeler & Smith, P.A.?
For over fifty years, our long-standing Lakeland fatal work injury lawyers have served injured workers and their families in Lakeland and throughout Polk and Hillsborough Counties. We work within contingency arrangements, which means you pay nothing unless we win your case, ensuring no risks or out-of-pocket costs for grieving families already facing financial hardship.
Knowledgeable Legal Guidance
Our experienced staff brings decades of combined knowledge in both workers’ compensation and wrongful death law to your case. At Smith Feddeler & Smith, P.A., we stay current with evolving Florida statutes and workplace safety regulations, ensuring your family receives representation that anticipates and overcomes legal challenges before they arise.
Personal Client Attention
We recognize that every family’s situation is unique. That’s why our Lakeland fatal work injury attorneys tailor our approach to meet your specific needs and circumstances. Your case receives the individual attention it deserves, with direct access to your lawyer throughout the entire legal process, not just paralegals or case managers.
Proven Track Record
Our workers’ compensation and injury firm has secured tens of millions of dollars for families who trusted us to fight for them. We fight to win, and our long-standing history of helping others speaks to our dedication to achieving maximum compensation for families affected by workplace tragedies.
What Are My Legal Options After a Lakeland Fatal Work Injury?
Following a fatal workplace accident, you generally have two primary legal avenues available to seek compensation and justice for your family. We help you understand these options and how they work together to significantly impact the financial recovery your family receives.
Workers’ Compensation Claims for Fatal Workplace Accidents
Florida workers’ compensation laws, specifically under Florida Statute § 440.16, provide death benefits to certain family members when an employee dies as a result of a work-related injury or occupational disease. Workers’ compensation operates as a no-fault system, meaning you don’t need to prove employer negligence to receive benefits. However, understanding the full scope of available benefits and ensuring you receive everything you’re entitled to requires experienced legal guidance.
What Does Workers’ Compensation Cover in Fatal Work Injury Claims?
Workers’ compensation death benefits in Florida provide financial support to help families maintain stability after losing their primary income earner. These benefits are calculated based on the deceased worker’s average weekly wage and continue for specific periods depending on the beneficiary’s relationship to the deceased. Families may receive compensation designed to address immediate and long-term financial needs:
- Funeral and burial expenses up to $7,500.
- Death benefits equal to 50% of the worker’s average weekly wage for the surviving spouse.
- An additional 16⅔% for any dependent children.
- Educational benefits for the surviving spouse.
- Medical bills related to the fatal injury.
- Continuation of benefits until remarriage or the death of the spouse.
- Benefits for children until age 18 (or 22 if enrolled in school).
Insurance companies know that our workers’ compensation attorneys will take cases all the way to trial when necessary, giving us stronger negotiating power when pursuing these benefits on your behalf. We understand the intricacies of calculating average weekly wages, identifying all eligible dependents, and ensuring that insurance carriers don’t shortchange your family during an already difficult time.
Wrongful Death Claims and Lawsuits
Under Florida Statute § 768.19, the personal representative of the deceased worker’s estate has the authority to file a wrongful death lawsuit on behalf of the surviving family members. Florida’s Wrongful Death Act establishes who qualifies as a survivor and what types of damages they may recover when someone’s negligence or intentional wrongdoing causes a fatal workplace accident.
Wrongful Death Liability
Determining liability in a fatal workplace accident frequently involves investigating multiple parties beyond just the direct employer. Workers’ compensation typically prevents you from suing your loved one’s employer directly. However, several other parties may bear responsibility for unsafe conditions or negligent actions that contributed to the fatal incident.
Our investigation process examines every aspect of the accident to identify all potentially liable parties who may owe compensation to your family. Potentially liable parties may include:
- Third-party contractors or subcontractors
- Equipment manufacturers
- Property owners
- Maintenance companies
- Vehicle drivers (in work-related traffic accidents)
- Architects or engineers
- Safety equipment suppliers
- Chemical or material suppliers
We thoroughly investigate each potential defendant’s role in creating or contributing to the dangerous conditions that led to your loved one’s death. Our approach involves gathering, preserving, analyzing, and presenting evidence to build a strong case that demonstrates how negligence or wrongful conduct caused the fatal accident.
Wrongful Death Benefits for Lakeland Fatal Work Injury Cases
Florida’s wrongful death statute allows survivors to recover both economic and non-economic damages reflecting the full impact of their loss. Each family member’s relationship to the deceased determines what types of damages they may pursue.
Our award-winning wrongful death attorneys work carefully to document and quantify every element of damages to ensure your family receives fair compensation for your financial losses and the immeasurable emotional impact of losing a loved one:
- Lost wages and benefits
- Loss of future earnings
- Final medical expenses before death
- Final arrangement costs (funeral and burial)
- Loss of companionship and guidance
- Mental pain and suffering
- Loss of parental guidance for minor children
- Loss of household services
- loss of inheritance
At Smith Feddeler & Smith, P.A., we understand that placing a monetary value on your loved one’s life feels impossible, yet securing adequate compensation helps protect your family’s future stability. Our experience in presenting these damages to insurance companies and juries ensures that the full extent of your loss receives proper recognition and compensation.
How Our Lakeland Fatal Work Injury Lawyer Fights for Your Family
Our legal team assesses all potential avenues of compensation. We recognize that workers’ compensation benefits alone rarely provide adequate support for families facing decades without their loved one’s income and presence. Our comprehensive approach examines both immediate benefits and long-term financial security, coordinating multiple claims when appropriate to maximize your family’s total recovery.
Providing Compassionate Guidance and Support
Dealing with legal matters while grieving brings unnecessary stress and overwhelm to families trying to do it all. Let our Lakeland fatal work injury attorneys handle the complex legal processes while you prioritize healing and supporting your family. Smith Feddeler & Smith, P.A., provides clear, compassionate communication throughout your case, explaining each step in plain language and remaining available to answer questions whenever they arise.
Handling Workers’ Compensation Claims
We manage your workers’ compensation death benefits claim, from initial filing through final resolution, ensuring you receive all benefits available under Florida law. Our workers’ compensation and injury firm’s experience with the workers’ compensation system enables us to anticipate and address common issues that could delay or reduce your benefits.
We know how to document claims properly, meet all deadlines, and respond effectively when insurance carriers raise objections or attempt to minimize payouts. Common workers’ compensation claim issues include:
- Disputed cause of death
- Pre-existing condition arguments
- Intoxication defenses
- Scope of employment disputes
- Average weekly wage calculations
- Dependent eligibility challenges
- Late reporting penalties
- Missing documentation
- Employer retaliation
- Insurance company delays
At Smith Feddeler & Smith, P.A., we are dedicated to protecting your rights throughout the workers’ compensation process. We refuse to let insurance companies take advantage of your family during such a difficult time. Our assertive advocacy makes it clear that we will challenge any attempt to deny or underpay valid death benefit claims.
When workers’ compensation insurers deny or underpay death benefits, we navigate the appeals process with proficiency and determination. Our attorneys are well-versed in the administrative procedures, deadlines, and documentation required to challenge unfavorable decisions and ensure your family receives the benefits they are entitled to under Florida law.
Investigating the Accident
Our investigative team thoroughly investigates accidents, going beyond surface-level reviews to uncover evidence that insurance companies might overlook or ignore. We work closely alongside accident reconstruction experts, workplace safety specialists, and medical professionals who help us build an ironclad case demonstrating exactly how and why the fatal accident occurred. Our investigation process includes:
- Preserving physical evidence
- Interviewing witnesses
- Reviewing safety records
- Analyzing equipment maintenance logs
- Examining training documentation
- Consulting with industry experts
- Obtaining surveillance footage
- Reviewing OSHA reports
We move quickly to preserve evidence before it disappears or gets destroyed, understanding that time-sensitive evidence often proves most compelling in establishing liability. Our investigators know what questions to ask, what documents to request, and what red flags indicate safety violations or negligent practices that contributed to your loved one’s death.
Handling Legal Paperwork and Procedures
Florida Statute § 95.11 imposes a two-year statute of limitations for wrongful death claims, making timely filing essential to preserving your rights. We manage all legal documentation, ensuring every form gets filed correctly and on time while you focus on your family’s emotional needs during such a difficult period.
Valuing Both Claims
We carefully evaluate both workers’ compensation and potential third-party claims to determine the maximum recovery available through each avenue. Our analysis considers immediate needs, long-term financial impacts, and the interplay between different types of benefits to develop a strategy that maximizes your family’s total compensation.
Negotiating With Insurance Companies
Insurance companies are known for attempting to minimize payouts to grieving families, knowing that people in emotional distress might accept inadequate settlements just to avoid prolonged legal battles. We eliminate their attempts by bringing aggressive negotiation tactics backed by thorough preparation and a reputation for taking cases to trial when necessary.
Our negotiators understand the tactics insurance adjusters use and know how to counter their strategies confidently. Our negotiation approach includes the following:
- Documenting all damages comprehensively
- Presenting compelling evidence of liability
- Demonstrating willingness to proceed to trial
- Leveraging our reputation for winning verdicts
- Refusing inadequate settlement offers
- Protecting you from recorded statements that could harm your case
Insurance companies know that we’ll take the case all the way to trial, giving us more negotiating power. We never recommend accepting a settlement unless it truly serves your family’s best interests and adequately compensates you for your profound loss.
Representing Your Family in Court
When insurers refuse to offer a fair settlement, Smith Feddeler & Smith, P.A. is prepared to take your case to trial and present it before a jury that truly grasps the magnitude of your loss. Our trial attorneys blend persuasive storytelling with strong legal strategy, ensuring jurors both empathize with your family’s tragedy and recognize the legal grounds for securing substantial compensation.
Consult an Experienced Lakeland Fatal Work Injury Lawyer Now
Losing a loved one to a fatal workplace injury creates immediate financial pressures alongside overwhelming grief, but you don’t have to face these challenges alone. We bring our passion for justice, our long-standing history of helping others, and our commitment to being in it for the long haul to every case we handle.
Call (863) 688-7766 or reach out online to schedule a free consultation with an experienced Lakeland fatal work injury lawyer at Smith Feddeler & Smith, P.A. While no amount of money will truly compensate for the loss of a loved one, we aggressively pursue maximum recovery to help alleviate the financial burden and provide some measure of security for your family’s future.
Visit Our Lakeland Personal Injury Law Office
Smith, Feddeler & Smith, P.A. – Lakeland Office
832 Florida Avenue South
Lakeland, FL 33801
Phone: (863) 355-5648
Phone calls were returned timely. I was kept informed of my case and my questions were answered. The staff was professional, courteous, concerned and caring. Overall my experience with this law firm was good and I would recommend them to a friend.
- Rhonda D.
Keep up the good work!
- Thomas B.Everyone who I had the pleasure in talking to or email correspondence has been great and professional. Thank you all for the good service.
- Elixsandra F.Everyone in the office was always helpful and did everything to help up on the case.
- Thomas D.I appreciate all the work you all did. I will recommended Brad Smith and Smith, Feddeler & Smith to anyone who is looking for good legal help.
- Robert S.I would like to thank Mr. Feddeler and the Law Firm for their help in my workers; compensation case. I want to especially thank Julie for being such a special lady and for have such a patient and wonderful personality and manners. She kept me informed of what was going on and answered all my questions when I needed them.
- Stanley E.I am thankful with the firm and staff for always being so courteous and helpful with my case and with me. You guys helped me every step of the way and I am glad I chose your firm to represent me. Thank you for all you do!
- A Montalvo.Everyone that was involved with my case was awesome! No complaints. Hope I never need to get a lawyer again, but if I did I would choose this Law Firm. So thank you!
- Juanita B.I was bit by a Pit Bull in the face in May of 2016. The injuries I suffered was a fractures nose and teeth marks to the nose and under my lip. I chose Smith, Feddeler because they had a great reputation on line. They were very compassionate, very sympathetic and very respectful of the situation I was going through. The attorney was very sincere and staff always responsive and available when I needed. I would definitely recommend Smith, Feddeler & Smith. Kevin Balentine was very helpful and efficient.
- Lauren M.If you ever want a good attorney who is going to fight and advocate for injured workers and knows the law of workers’ comp in the State of Florida, please contact Brad at Smith, Feddeler & Smith. I assure you they will fight for your rights and you will come out victorious, and you will be able to tell somebody else like I’m telling you.
- Ricky B.Contact Us For A Free Consultation With A Qualified Lawyer
