Florida Fatal Work Injury Lawyer
Families who lose a loved one in a Florida workplace accident may be entitled to recover compensation from several sources.
At Smith Feddeler & Smith, P.A., we investigate all potential avenues for maximizing your recovery.
You deserve compensation for your grief.
Call us at (863) 355-4204 to schedule a free case evaluation with a compassionate Florida fatal work injury lawyer at our firm who will fight for the maximum settlement while handling every legal burden during your time of mourning.
Why Choose Smith Feddeler & Smith, P.A.?
We handle the intersection of workers’ compensation benefits, wrongful death claims, and third-party liability lawsuits following fatal workplace accidents. We have built a long-standing history of securing the full financial recovery for families while holding negligent employers and dangerous companies accountable for preventable deaths.
Countless families throughout Florida have placed their trust in our attorneys during their darkest hours, relying on our proven track record of achieving substantial settlements and verdicts. Let us help you, too, by providing the committed, knowledgeable legal champions who will stand beside you throughout this challenging journey.
Workers’ Compensation Claims
Florida’s workers’ compensation system provides death benefits to surviving family members when workplace accidents claim lives, regardless of fault under Florida Statute § 440.16. We help families understand available benefits to secure immediate financial support:
- Funeral and burial expenses up to $7,500.
- Weekly death benefits for dependents.
- Medical costs related to the final injury.
- Compensation for pain and suffering before death.
Workers’ compensation death benefits provide faster payment than wrongful death lawsuits but offer substantially lower total compensation. Our attorneys help families maximize workers’ compensation benefits while pursuing additional claims to achieve a fuller financial recovery for devastating losses.
Exceptions Allowing Lawsuits Against Employers
Workers’ compensation is generally the exclusive remedy against employers, meaning families cannot pursue wrongful death lawsuits even when employer negligence contributed to the fatal accident. However, Florida law recognizes several important exceptions that permit families to bring direct claims in limited circumstances:
- Intentional conduct causing death.
- Employers operating without required workers’ compensation coverage.
- Substantial certainty that actions would cause death or serious injury.
- Employers removing safety guards or equipment.
Wrongful Death Lawsuit
Wrongful death claims under Florida Statute § 768.21 allow families to recover damages unavailable through workers’ compensation when third parties’ negligence caused fatal workplace accidents. These lawsuits provide comprehensive compensation addressing both economic losses and emotional suffering:
- Lost wages and benefits the deceased would have earned.
- Loss of companionship and guidance.
- Medical expenses before death.
- Pain and suffering experienced by survivors.
- Funeral and burial costs.
- Lost household services.
- Loss of parental guidance for children.
Wrongful death lawsuits require proving that negligence directly caused your loved one’s death and that surviving family members suffered quantifiable damages. Our attorneys build compelling cases demonstrating liability while documenting the full financial and emotional impact of your devastating loss.
Who Can File for Wrongful Death?
Florida law restricts who may bring wrongful death actions to ensure proper distribution of damages among legitimate survivors. The personal representative of the deceased’s estate files the lawsuit on behalf of eligible beneficiaries:
- Surviving spouse.
- Minor children.
- Adult children, if no other survivors.
- Parents of deceased minors.
- Parents of adult children with no other survivors.
- Blood relatives are dependent on the deceased.
Don’t delay speaking with an attorney at Smith Feddeler & Smith, P.A. Under Florida Statute 95.11 (4)(d), families have two years from the date of their loved one’s death to file for claim benefits and wrongful death lawsuits.
Third-Party Claims
Workers’ compensation only covers employers, but many workplace fatalities involve negligence by contractors, equipment manufacturers, property owners, or other third parties, whose liability can create additional claims. Pursuing every responsible party maximizes total compensation for grieving families:
- General contractors failing to maintain safe work sites.
- Equipment manufacturers producing defective machinery.
- Property owners who maintain hazardous conditions.
- Subcontractors whose negligence contributed to accidents.
- Vehicle drivers causing fatal crashes involving workers.
- Companies providing inadequate safety training.
Third-party claims often provide substantially higher compensation than workers’ compensation alone because they include damages for pain and suffering, emotional distress, and loss of companionship that workers’ compensation excludes.
Our Florida fatal work injury lawyer team conducts exhaustive investigations, identifying every liable party and building strong cases against each defendant, ensuring your family receives maximum financial recovery from all sources while holding every negligent party accountable for their role in your loved one’s preventable death.
Challenges Families May Face
Grieving families confronting Florida’s legal system after fatal workplace accidents encounter numerous obstacles that insurance companies and defendants exploit to minimize compensation or deny liability entirely. We understand these common challenges and craft strategies to combat them:
- Complex Legal Procedures: Strict filing deadlines, procedural rules, and technical legal requirements create significant pitfalls for families trying to handle a case on their own without a full understanding of Florida’s complex civil process.
- Insurance Company Tactics: Adjusters pressure families into quick settlements before they understand the claim value or complete investigations that reveal additional liable parties.
- Disputed Liability: Defendants blame the deceased worker for the accident or argue that unforeseeable circumstances caused the fatality rather than their negligence.
- Benefit Coordination: Assessing how workers’ compensation benefits interact with potential wrongful death recoveries requires careful, sophisticated legal analysis to ensure your family receives the maximum compensation available.
- Multiple Claims: Pursuing simultaneous workers’ compensation, wrongful death, and third-party claims requires a careful strategy to avoid jeopardizing any of them through procedural mistakes.
Insurance companies know we’ll take the case all the way to trial, which gives us greater negotiating power. Our reputation for aggressive litigation and substantial verdicts forces insurers to make reasonable settlement offers rather than forcing grieving families through lengthy trials. We handle every legal complexity while you focus on healing and supporting your family through unimaginable loss.
How Our Florida Fatal Work Injury Lawyer Team Helps
Our attorneys provide comprehensive legal representation addressing every aspect of fatal workplace accident claims, from initial investigation through final settlement or trial verdict. We shoulder the entire legal burden so grieving families can focus on healing rather than fighting insurance companies and corporate defendants.
Comprehensive Investigation
Establishing how a fatal accident happened demands a prompt, detailed investigation before evidence disappears or witnesses’ memories fade. Our team acts immediately to secure critical proof and build a clear record of liability:
- Accident scene examination and documentation.
- Witness interviews and statements.
- Safety violation identification.
- Equipment inspection and testing.
- Medical records review.
- Employment records analysis.
- Expert consultation on causation.
Detailed investigation often reveals safety violations, equipment defects, or negligent practices that defendants initially concealed or minimized. Strong evidence compels insurance carriers to acknowledge liability and offer fair settlements rather than contesting responsibility through lengthy litigation.
Identifying All Liable Parties
Fatal workplace accidents frequently involve multiple negligent parties beyond employers, and identifying all defendants maximizes the total compensation available to surviving families. Our attorneys analyze each case systematically to uncover all sources of recovery and ensure no responsible party escapes accountability for their role in causing preventable deaths.
Filing Claims
Meeting Florida’s strict filing deadlines while properly preparing all required documentation demands legal knowledge and attention to detail that grieving families cannot provide while coping with sudden loss. We handle all aspects of your claim’s preparation and filing, ensuring compliance with all procedural requirements that preserve your rights to compensation.
Managing Communication
Insurance adjusters and defense attorneys contact grieving families to seek statements that undermine claims or provide grounds for denial. We serve as your representatives in all communications, preventing you from making damaging statements while we handle negotiations and document production, without exposing you to manipulation.
Negotiating Settlements
Achieving maximum compensation requires understanding claim values, presenting compelling evidence, and negotiating aggressively with insurance companies, attempting to minimize payments. Our attorneys leverage our reputation for trial work and thorough case preparation to secure settlements that fully compensate families for devastating losses.
Handling Denied Claims
Insurance carriers frequently deny legitimate claims, hoping families will abandon their pursuit of benefits rather than fighting through appeals and litigation. We challenge every improper denial, presenting additional evidence and legal arguments that force carriers to reverse unjustified claim rejections.
Speak to a Compassionate Florida Fatal Work Injury Lawyer Now
No amount of money can ever replace your loved one, but fair compensation can provide financial stability as your family grieves and rebuilds. Pursuing justice also honors your loved one’s memory by holding negligent parties accountable. Acting quickly is essential, as waiting too long can result in missed deadlines, lost evidence, or weakened claims, making it more difficult to recover full compensation.
Our firm understands the overwhelming emotional and financial stress families face after a fatal workplace accident. We guide you through every step of the legal process, working relentlessly to secure the compensation your family deserves. You can focus on grieving and healing while we focus on protecting your rights.
Call Smith Feddeler & Smith, P.A. at (863) 355-4204 or reach out online to schedule a free consultation with our reputable Florida fatal work injury lawyers who will pursue maximum compensation while providing compassionate support throughout this devastating time.
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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
