Polk County
Wrongful Death

Attorney

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Polk County Wrongful Death Lawyer

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. Whether the loss was caused by a car accident, medical error, workplace injury, or another preventable tragedy, the emotional and financial consequences can be overwhelming. While no amount of compensation can bring back your loved one, a wrongful death claim can help ease the financial burden and hold the responsible party accountable.

At Kemp Injury Law, we provide compassionate legal representation for families in Lakeland, Winter Haven, Bartow, and throughout Polk County who have lost loved ones due to negligence. Our team understands the sensitivity of wrongful death cases and is committed to helping families seek justice and financial security during this difficult time.

What Qualifies as a Wrongful Death in Florida?

Under Florida law (Florida Statutes § 768.19), a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, or misconduct of another party. Some of the most common causes of wrongful death claims in Polk County include:

Car Accidents: High-speed collisions, distracted driving, and DUI-related crashes often result in fatalities.
Motorcycle Accidents: Riders are particularly vulnerable to fatal injuries in crashes involving larger vehicles.
Truck Accidents: Large commercial trucks can cause devastating, fatal accidents on highways like I-4 and U.S. Highway 27.
Boating Accidents: Fatalities can occur due to reckless boat operators, drowning incidents, or defective watercraft.
Workplace Accidents: Construction site falls, electrocution, or machinery failures can lead to fatal injuries.
Medical Malpractice: Surgical errors, misdiagnoses, and medication mistakes can tragically lead to wrongful death.
Pedestrian and Bicycle Accidents: Fatal injuries often occur when negligent drivers fail to yield to pedestrians or cyclists.

If negligence, recklessness, or intentional misconduct led to your loved one’s passing, you may have grounds for a wrongful death claim.

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Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. The claim is brought on behalf of surviving family members, which may include:

The spouse of the deceased
Children of the deceased
Parents (if the deceased was a minor or had no spouse/children)
Other dependent relatives who relied on the deceased for financial support

The compensation recovered in a wrongful death lawsuit can help cover medical expenses, funeral costs, lost income, and emotional suffering for surviving family members.

What Damages Can Be Recovered in a Wrongful Death Case?

A wrongful death claim can help families recover financial compensation for both economic and non-economic losses, including:

Medical bills related to the final injury or illness
Funeral and burial expenses
Loss of income and future earnings
Loss of companionship and emotional support
Pain and suffering experienced by the surviving family

While no financial award can truly compensate for the loss of a loved one, securing fair compensation can help ease the financial burden and provide a sense of justice.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Florida law sets a two-year statute of limitations for wrongful death lawsuits (Florida Statutes § 95.11(4)(d)). This means surviving family members must file a claim within two years of the date of death. However, certain circumstances—such as medical malpractice cases—may have different deadlines.

To ensure your family’s rights are protected, it is crucial to speak with a wrongful death attorney as soon as possible.

Other Personal Injury Cases We Handle in Polk County

In addition to wrongful death claims, Kemp Injury Law represents clients in a variety of personal injury cases, including:

Car Accidents: Fatal crashes on State Road 60, U.S. Highway 98, and Memorial Boulevard are far too common.
Motorcycle Accidents: Many fatal injuries occur due to drivers failing to yield to motorcyclists.
Truck Accidents: The weight and size of commercial trucks make them especially dangerous in collisions.
Boating Accidents: Polk County’s lakes see a high number of boating-related fatalities.
Pedestrian Accidents: Crosswalk fatalities often involve speeding, drunk driving, or distracted driving.
Construction Accidents: Falls from heights and heavy machinery incidents can result in wrongful death claims.

Call Kemp Injury Law to Speak With a Polk County Wrongful Death Attorney Today

Losing a loved one is never easy, and pursuing a wrongful death claim can feel overwhelming. At Kemp Injury Law, we are here to provide legal guidance, emotional support, and aggressive representation for grieving families.

If you have lost a loved one due to someone else’s negligence, we encourage you to reach out. Schedule a free consultation today, and let us help you seek justice for your family.

Frequently Asked Questions

What types of compensation are available in a wrongful death claim?

Wrongful death claims in Florida allow survivors to recover both economic and non-economic damages. These may include medical bills, funeral expenses, lost income or benefits, and the value of future earnings. Survivors may also claim compensation for emotional pain, mental anguish, and the loss of companionship or guidance. In some cases, punitive damages may be awarded if the defendant’s actions were especially egregious or reckless. Every case is unique, and the damages depend on the nature of the relationship with the deceased and the financial impact of their death. An experienced wrongful death attorney will help calculate a comprehensive claim that reflects the true loss.

How long do I have to file a wrongful death lawsuit in Florida?

Florida law sets a two-year statute of limitations for filing a wrongful death lawsuit from the date of death. If this deadline is missed, you may lose your legal right to pursue compensation. Certain exceptions apply, such as cases involving medical malpractice or delayed discovery of negligence, but they are rare. It’s critical to act quickly so that your attorney can preserve evidence, identify all liable parties, and begin building your case. Delays can also make it harder to locate witnesses or gather key documentation. At Kemp Law Group, we handle all deadlines to ensure your claim is filed within Florida’s legal timeframe.

Why should I choose Kemp Law Group for a wrongful death case in Polk County?

Kemp Law Group brings compassion, experience, and aggressive legal representation to every wrongful death case we handle. We understand that no amount of money can replace a lost loved one, but justice and financial security can help bring closure. Our team has successfully represented grieving families throughout Polk County, holding negligent individuals and corporations accountable. We handle every aspect of your case—from investigating the cause of death to negotiating with insurance companies or going to trial if needed. You’ll receive dedicated support, clear communication, and the legal strength to take on powerful defendants. If you’ve lost someone due to negligence, reach out to us today to start seeking justice.

Additional Information in Polk County, Florida

Occupational Safety and Health Administration - Safety Management: Outlines best practices for identifying, evaluating, and controlling workplace hazards to prevent injury and death. It describes how employers must establish hazard prevention programs, including routine inspections, maintenance, and worker training. The guidance promotes the hierarchy of controls—from elimination to personal protective equipment (PPE)—as a framework for risk reduction. It also emphasizes the employer's responsibility to anticipate potential dangers and implement timely interventions. In a wrongful death case, this resource is vital for establishing the safety standards an employer should have followed. It can help demonstrate that a fatal incident was preventable and resulted from a failure to comply with widely accepted safety protocols.

Medical News Today - What is medical malpractice?: Explains different types of shock, including hypovolemic, cardiogenic, and anaphylactic shock, and how they result from trauma, internal injuries, or allergic reactions. It outlines common causes, symptoms, and emergency treatment options, emphasizing the critical role of rapid medical response. The piece helps readers understand how shock can lead to death if not properly treated. It also highlights conditions under which a person may go into shock after an accident or severe injury. In a wrongful death case, especially involving trauma or delayed treatment, this medical explanation can support causation arguments. It helps link the decedent’s injuries to the physiological events that led to death and may reinforce claims of negligence in care or emergency response.

Centers for Disease Control and Prevention – Accidents or Unintentional Injuries: Provides quick, authoritative statistics on unintentional injuries and deaths in the U.S., which are among the leading causes of mortality. It includes national data on injury-related deaths by type (e.g., falls, motor vehicle crashes, poisoning) and demographic breakdowns. The data emphasizes the significant public health impact of preventable injuries. It also links to other in-depth resources for injury surveillance and prevention. In a wrongful death case, this source can help show that the fatal injury was part of a well-documented national trend, reinforcing the foreseeability of the risk. It supports arguments that proper precautions could have prevented the fatal outcome and adds statistical weight to claims of negligence.

Polk County
Wrongful Death

Attorney