Daytona Beach Wrongful Death Attorney
Buckmaster & Ellzey Can Fight for Justice on Behalf of Your Loved Ones
After losing a loved one due to the negligence or wrongful conduct of another person or company, you may be overwhelmed with grief and confusion about how to move forward. At Buckmaster & Ellzey, our Daytona Beach wrongful death lawyer can help you and your family seek the justice and compensation you deserve.
What Is Considered a Wrongful Death?
A wrongful death occurs when a person is killed due to the negligence or wrongful conduct of another person or company. This can include motor vehicle accidents, workplace accidents, medical malpractice, defective or dangerous consumer products, and more.
Wrongful deaths can lead to personal injury claims brought by the decedent's:
In Florida, there are strict time limits for filing a wrongful death claim. If you wait too long to begin the process, you could lose your chance to file a claim. That is why it is so important to work with an experienced wrongful death attorney who can guide you through the process.
What Is the Time Limit for Filing a Wrongful Death Lawsuit in Florida?
In Florida, you only have two years from the date of death to file a wrongful death claim. If you wait too long, you could lose your chance to file a claim. That is why it is so important to work with an experienced wrongful death attorney who can guide you through the process.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, you can file a wrongful death lawsuit if your loved one was killed due to the wrongful conduct of another person or company. You can also file a lawsuit if you are the personal representative of the deceased person's estate.
The personal representative of the deceased person's estate can file a wrongful death lawsuit if:
- The deceased person did not have a spouse or children
- The deceased person had a spouse and children, but the spouse is deceased
- The deceased person had a spouse and children, but the spouse is incapacitated
- The deceased person had a spouse and children, and the spouse is not interested in filing a lawsuit
If you are not the personal representative of the deceased person's estate, you can still file a wrongful death claim if you are the deceased person's:
If you are not any of the above, you cannot file a wrongful death claim. However, you can still pursue a claim for loss of consortium if your marriage was damaged by the wrongful death of your spouse.
Types of Damages in a Wrongful Death Claim
In a wrongful death claim, you may be eligible to receive compensation for a number of damages. The most common types of damages in a wrongful death claim are:
- Medical bills
- Lost wages
- Loss of consortium (for surviving spouses)
- Pain and suffering
- Funeral and burial expenses
- Loss of support, services, and companionship
- Loss of inheritance
- Loss of future earnings
You can also seek punitive damages if the defendant acted with malice or reckless disregard for human life. These damages are meant to punish the defendant for their wrongful conduct and to prevent them from causing similar harm in the future.
Let Our Daytona Beach Wrongful Death Lawyer Help You & Your Family Through This Difficult Time
Our firm is dedicated to helping victims and their families get answers, accountability, and justice. When you work with us, you can be confident that your case is in good hands.
At Buckmaster & Ellzey, we have the skills and experience you deserve. Get to know our team by scrolling down and select the staff you would like to learn more about.
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
What Is the Difference Between Contested and Uncontested Divorce?There are two types of divorce in Daytona Beach: contested and uncontested divorce. An uncontested divorce is typically preferred because they can usually be completed with far less hassle and in far less time. However, to go through the uncontested divorce process, the couple must reach an agreement on all significant divorce-related issues. These issues include: • Property division • Debt allocation • Alimony • Child support • Child custody • Visitation When there is disagreement over one or more of these issues, the couple will need to go through the contested divorce process. In such cases, the couple will either need to hire a divorce mediator to help them through the negotiation process or have the family court decide for them.
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
A Team of Compassionate Advocates on Your Side
Former State Prosecutor
40+ Years of Collective Experience