Wrongful Death Cases
Experienced Wrongful Death Attorney
When you’ve lost a loved one due to medical negligence, you deserve compassionate legal representation. At Travieso McLeod, P.A., we know how to navigate Florida’s complex wrongful death statutes and secure the justice your family deserves. We’re also experienced with litigating catastrophic personal injuries and medical malpractice claims. Contact us at (904) 204-3013 or request a free consultation. Located in Ponte Vedra, Florida, we serve the surrounding areas.
Located in Ponte Vedra, Florida, we serve the surrounding areas.
Wrongful death claims in Florida are governed by complex statutes and rules under section 768.21 of the Florida Statutes. Our wrongful death lawyers understand these intricate legal requirements and will pursue compensation for your losses, including:
- Value of lost support and services
- Loss of companionship and protection
- Mental pain and suffering
- Medical and funeral expenses
- Lost future earnings
While we know nothing can bring back your loved one, we want to be sure you have the resources to care for your family now and in the future as you grieve your loss.
Other Medical Malpractice Cases
Beyond our focus on prescription error, our firm provides expert legal counsel for other serious matters, including:
Birth Injuries
Advocacy for families facing injuries to infants or mothers resulting from negligent prenatal care, labor, or delivery.
Medical Negligence
Representation in cases where a healthcare professional’s failure to meet accepted standards causes preventable harm.
Nursing Malpractice
Support for clients affected by nursing errors in medication administration, patient care, or monitoring by nursing staff.
Prescription Errors
Legal assistance for injuries stemming from incorrect medications, dosages, or prescription instructions.
Diagnostic Errors
Representing those harmed by a health care provider’s misdiagnosis or failure to diagnose a treatable medical condition.
Surgical & Post-Surgical Error
Guidance for individuals harmed by mistakes during surgery or complications from inadequate post-operative care.
Gastrointestinal Injuries
Handling cases involving injuries to the digestive tract due to procedural errors or misdiagnosis.
Nursing Home Negligence
Upholding the rights of residents who suffer neglect, abuse, or substandard care within a long-term care facility.
Dental Malpractice
Supporting clients who experience harm through improper dental procedures, delayed diagnoses, or mismanagement.
Defective Medical Products
Pursuing claims on behalf of those injured by faulty medical devices, implants, or other healthcare products.
Our Process: Your Path to Justice
We understand that reaching out to a law firm can feel intimidating, especially when you are dealing with a stressful or painful situation. Our goal is to make the process as straightforward and comfortable for you as possible. We do that through consistent transparency with you and by taking the heavy lifting out of your hands.
Here is what you can expect when you contact Travieso McLeod to discuss your personal situation.
1. The Initial Conversation: Sharing Your Story
During your first free consultation, we will listen carefully as you explain what happened. We’ll ask specific questions to get the full picture, including details about your medical treatment, how your life has been affected, and the healthcare providers involved. This meeting is your opportunity to ask us questions, too, so you can feel confident and comfortable with our team.
Note – in most cases, personal injury, medical malpractice, and wrongful death lawsuits must be filed within two years of the date of the incident or malpractice. Contacting a lawyer as soon as possible is critical to ensure your rights are protected within Florida’s strict deadlines.
2. The Case Evaluation: Building A Path Forward
After our conversation, our new case review committee will meet and discuss the case. We will consider whether we have a reasonable expectation of being able to prove that someone’s negligence caused you harm and whether the harms are something a jury will adequately compensate if the case were to proceed to trial.
3. The Investigation: Leaving No Stone Unturned
If our case review committee determines that a viable claim may exist, our team will conduct a thorough investigation to see if your case meets Florida’s strict legal standards for recovery. We will gather all necessary records, bills, and other documents. If the records provide further evidence of a legitimate claim, we will then consult with appropriate experts. This process is vital to building a strong foundation for your claim.
4. Settlement Discussions or Filing A Lawsuit
If our investigation shows that you have a strong case, we will begin the pre-suit process. In medical malpractice cases, that means we will initiate the legally required notice period with the defense. In other cases, we may engage in negotiations with the defendant and their insurance company.
In medical malpractice cases, most do not settle during the pre-suit stage, and a lawsuit is required. While many personal injury cases are settled during this phase, a lawsuit may be filed if a fair settlement cannot be reached.
We work on a contingency fee basis, meaning you will not pay upfront and will pay only if there is a positive recovery on your case.
5. The Discovery Process
Once a lawsuit is filed, both sides will exchange information, take depositions, and gather evidence. This is often the most time-consuming part of a case and is where we continue to build our evidence against the at-fault parties. The Court will require the parties to attend mediation. Some cases settle at mediation, but we will only recommend settlement if the recovery provides you adequate compensation. This is very case-specific, so please call us for a free consultation if you would like to discuss further.
6. Trial
If a settlement is not reached during the discovery phase, the case proceeds to trial. The trial itself can last anywhere from one to three weeks or longer, depending on the complexity of the case. Although most cases settle before trial, we will be prepared to try the case. It’s the best way to maximize your recovery because defendants and insurance companies understand the risk they face at trial.
7. Continuous Support: Keeping You Informed
We understand that the legal process can be long and challenging. From your first call to the resolution of your case, our team is committed to keeping you informed every step of the way. We will provide you with regular updates and explain what to expect next, always advocating for the best possible outcome.
Why Choose Us
- Our expertise is backed by a Florida Board Certified Civil Trial Lawyer, ensuring top-tier representation.
- We’re a boutique-style, self-funded law firm that values personal connections—our clients know us, and we know them.
- Honesty and empathy are at the heart of what we do. If there’s no case, we’ll tell you upfront.
- With unmatched settlement and trial preparation, we’re dedicated to maximizing your recovery.
- We’re passionate advocates for civil justice, standing up for everyday victims of negligence.
For more information, see our Who We Are, Glossary, and Video Library pages.
Frequently Asked Questions
Do I have a wrongful death case?
If your loved one died due to another party’s negligence, misconduct, or intentional act, you may have grounds for a wrongful death claim. We’ll evaluate your case during a free consultation.
Who can file a wrongful death lawsuit in Florida?
Under Florida Statute 768.21, the personal representative of the deceased’s estate must file the lawsuit on behalf of surviving family members and beneficiaries.
What do I need to pay to hire your firm?
We handle cases on a contingency fee basis. You pay no upfront costs or legal fees; we invest all necessary resources. In other words, you pay nothing unless we recover money for you. If there is a settlement or favorable verdict, we are reimbursed for case costs and receive a portion of the recovery as our fee for the legal work on the case.
How long do I have to file a wrongful death claim?
Florida’s statute of limitations for wrongful death cases is generally two years from the date of death, though exceptions may apply in certain circumstances.
What damages can be recovered in a wrongful death case?
Florida law allows recovery for lost support and services, loss of companionship, mental pain and suffering, medical expenses, funeral costs, and other economic losses.
Get the Justice Your Family Deserves
Don’t navigate Florida’s complex wrongful death laws alone. Our experienced legal team is ready to represent your case while you focus on healing. Every day matters in preserving evidence and protecting your rights. Located in Ponte Vedra, FL, Robert, Mac, and their teams serve the surrounding areas, including St. Augustine, Jacksonville, and Orange Park. Contact us at (904) 204-3013 or request a free consultation.