In Melbourne, Florida, one of the worst things you can experience is the loss of a loved one through a wrongful death matter. This happens when a person causes another individual to die due to gross negligence, recklessness or an intentional act. If you have suffered such a loss, you may have cause to file a wrongful death claim to recover compensation.

Definition of Wrongful Death Under Florida Law

Under Florida law, wrongful death is defined as a death caused by the actions of another through gross negligence, recklessness or an intentional act. It’s important to know who can file a claim, how to prove negligence and the statute of limitations for such cases.

Who Can File a Wrongful Death Claim in Florida?

According to Florida Statute 768.21, when a person dies due to wrongful death, their surviving family members can recover damages. This includes the spouse, minor children, parents or any other relative financially dependent on the individual. However, a lawsuit must be filed by the personal representative of the victim’s estate.

Proving Negligence in Wrongful Death Cases

Negligence in wrongful death cases is done by showing certain elements are present. It must be proven that the defendant owed a duty of care to the victim, that they breached their duty and caused the person’s death.

Statute of Limitations in Florida

According to Florida Statute 95.11, wrongful death claims have a two-year statute of limitations. This means the victim’s personal representative must file a legal action on behalf of the decedent’s survivors within two years. However, if the cause of death isn’t immediately apparent, the time may be extended.

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Types of Wrongful Death Cases in Melbourne, Florida

In Melbourne, Florida, there are different types of wrongful death cases. They are automobile and truck accidents, slip-and-fall incidents, construction site mishaps, medical malpractice, product liability and workplace accidents.

Automobile and Truck Accidents

Severe car and truck accidents can cause a person’s death when gross negligence or recklessness is involved. These incidents can happen when a driver speeds, engages in road rage or is under the influence, among other things.

Slip-and-Fall Incidents

When a property owner fails to correct a dangerous condition on their property or doesn’t warn visitors of it, slip-and-fall accidents can occur. In some cases, a victim can die from their injuries. For example, a person falls down a dangerous staircase and sustains a severe traumatic brain injury.

Construction Site Mishaps

Accidents on construction sites are among the most deadly. If proper safety protocols are absent, a worker can suffer fatal injuries, giving their surviving family members cause to file a wrongful death claim.

Medical Malpractice

If a person suffers harm and dies from negligence by a doctor or other medical professional, it equates to medical malpractice. However, if gross negligence or a deliberate wrongful act is involved, it’s considered wrongful death.

Product Liability

A product liability issue can lead to wrongful death in certain situations. It applies when a manufacturer, retailer, wholesaler or other party has knowledge of a defect in a product that can cause injuries when used as intended.

Workplace Accidents

Workplace accidents caused by negligence, recklessness or carelessness on the part of an employer can cause a worker’s death. In this situation, the victim’s surviving family members can recover damages due to wrongful death.

Recoverable Damages in Wrongful Death Cases in Melbourne, Florida

Certain damages are recoverable in wrongful death cases in Melbourne, Florida. They include economic, noneconomic and punitive damages.

Economic Damages

Economic damages can be easily tracked because they have attributable costs. They include your medical expenses, lost wages and property damage.

Noneconomic Damages

Noneconomic damages are more difficult to secure because they don’t have specific monetary costs. They might include pain and suffering, emotional distress and loss of consortium.

Punitive Damages

According to Florida Statute 768.72, punitive damages are sometimes available in civil claims such as wrongful death. This monetary award is given to plaintiffs to punish defendants for gross negligence, intentional misconduct and extreme recklessness.

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"I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. We ended up going to court and because of Mr. Pickett, we won the case. Thank you so much for all you did for us!!!!"

The Legal Process for Wrongful Death Claims in Melbourne, Florida

If you lost a loved one to a wrongful death matter in Melbourne, Florida, it’s important to understand the legal process for filing a claim. It involves an initial consultation, gathering evidence and filing the lawsuit.

Initial Consultation

A wrongful death attorney offers an initial consultation to hear the facts of your case. You can also ask questions if you’re unsure about the legal process. The attorney will explain how your case should be handled and what to expect.

Gathering Evidence

Wrongful death cases are sometimes complex, but the more evidence you have, the better. If anything is unclear, your lawyer can gather more by speaking with the right parties to determine what led to the passing of your loved one.

Filing the Lawsuit

If your claim fails to settle through negotiations with the defendant or their insurance company, your attorney can file a lawsuit. This allows your case to go to trial where a jury or judge decides the outcome.

Benefits of Legal Representation in Wrongful Death Cases in Florida

There are benefits to legal representation in wrongful death cases in Florida. They can evaluate your case, file claims and negotiate settlements on your behalf.

Evaluating the Case

A lawyer can evaluate your case and discuss your options. This involves determining the best way to maneuver so you can get justice.

Filing Claims

Wrongful death lawyers can file all relevant claims in your case. Sometimes, more than one party is liable for a person’s death. Your attorney will ensure that claims are filed against such individuals.

Negotiating Settlements

Many wrongful death claims take time to settle. This is because the defendant or their insurance company refuses to offer a compensation amount satisfactory for your damages. Your attorney won’t back down until you get what you deserve. This is done through negotiations to get you the best possible settlement.

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Maria Mendelson

I highly recommend Andrew Pickett and his team. They handled my accident case with professionalism, knowledge, and care. They were always available to answer my questions and kept me informed throughout the entire process. Their dedication and expertise made a stressful situation much easier to navigate. I’m very grateful for their support and the positive outcome they achieved for me.

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Meredith Sand

I had a great experience working with Jessica Hicks. Professional, efficient and very knowledgeable. Great results, would highly recommend.

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Joshua Cason

I had an outstanding experience with Pickett Law. Attorney Jessica Hicks and the Pickett Law team did an incredible job on my trip and fall case. From the first phone call with Jessica and Andrew Picket, I knew I was in good hands. Jessica Hicks is an incredible advocate, she is prepared thorough, and will go the extra mile. The entire staff truly care about their clients, they are so knowledgable and answered any questions I had throughout the case. I am so blessed to have the best team represent me. Thank you: Jessica Hicks, Jeremie, Tina, Kimberly, Vonda, Jenny, Andrew, and the entire Pickett Law Team!!

Response from the owner: Josh, what a great review! Thanks for trusting us to assist you with your case. Please let us know if we can ever be of service in the future.

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Jessica Hicks is an outstanding attorney. She is extremely knowledgeable, effective in the courtroom and made me feel at ease. You’re in good hands with Jessica and this law firm.

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Jessica Hicks is my go to for anything Personal Injury related. She is organized, well prepared, attentive to her client's needs, and she is not afraid to take a case to trial. If you want an attorney that will fight for you and protect your legal rights, she is the best there is.

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David Z

I’m not sure I’d still be here today without Jessica Hicks. Thank you Andrew Pickett Law!

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i highly recommend JESSICA HICKS she is and outstanding attorney and has done wonders for my case, i can't thank her enough for all her hard work and dedication. she has put in the time to help me, very caring and gets the job done million stars...

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I would highly recommend Jessica Hicks as a great attorney. She walked me through everything with a piece of mind and made me feel at ease. Very compassionate and excellent communication. Helping me understand step by step what was happening with my situation. Very grateful for her

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I had an amazing experience with Andrew Pickett Law. I was always receiving calls, messages and emails with any updates to the case or questions they had for me. Their availability to answer my calls and questions was flexible and respectful. I would highly suggest this law firm for any person who has experienced injury from an automobile accident and is seeking further assistance legally. This office makes sure you are informed and well taken care of.

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Dayna Rivera

Andrew Pickett Law and their team of attorneys are exceptional. Mr. Pickett is knowledgeable, courteous, and dedicated. A consummate professional. As an attorney, I’ve had the pleasure of working alongside Ms. Hicks and Ms. Whitehouse and their trial experience and negotiation skills are outstanding. What an amazing team!

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It's hands down one of the best personal injury firms I’ve ever seen! I referred my brother to this firm, and he continues to tell me how communicative and diligent Jessica Hicks and Tiffany Whitehouse are in getting him the best outcome!

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Taylor McDermid

Review for Jessica Hicks and Tiffany WhitehouseJessica Hicks and Tiffany Whitehouse are exceptional personal injury attorneys who truly stand out for their attention to detail and genuine care for their clients. From the very beginning, they go above and beyond to ensure every aspect of your case is meticulously handled. They take the time to understand your unique circumstances, patiently answer all your questions, and keep you informed throughout the process.What sets them apart is their heartfelt dedication to their clients. You can tell that they genuinely care—not just about winning cases, but about helping people rebuild their lives after difficult situations. Jessica and Tiffany are compassionate, responsive, and fiercely advocate for the best possible outcome.If you’re looking for attorneys who combine legal expertise with a personal touch, Jessica Hicks and Tiffany Whitehouse are the team you want on your side. Highly recommended!

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Frankie Vitiello

I cannot say enough positive things about Andrew Pickett Law and their incredible team of attorneys. Jessica Hicks and Tiffany Whitehouse bring an exceptional level of professionalism, skill, and care to every case they handle. Jessica’s extensive trial experience is evident in her strategic approach and dedication to achieving justice, while Tiffany’s unique combination of legal expertise and medical knowledge provides invaluable insight for personal injury cases.What truly distinguishes this firm is its unwavering commitment to justice and client care. From the first consultation, you are met with clear communication, thoughtful strategy, and a team that treats your case with the gravity and diligence it deserves. If you are seeking tireless advocates who blend compassion with formidable expertise, Andrew Pickett Law is the firm to trust.

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Tiffany Whitehouse & Jessica Hicks are some of the most talented and driven individuals you will ever have the pleasure of working with. Their professionalism and kindness goes beyond and is a weight off your shoulders.

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Tiffany Whitehouse and Jessica Hicks are AMAZING attorneys who have dedicated their careers to helping people in need. There work at Pickett is a shining example of this the way they fight for their clients (even getting better results than some of the bigger firms in the area)

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10000000/10 Very professional and very respectful. My case moved very quickly and Vonda, Tina and Tiffany kept me in the loop with every step of the process. I am more than pleased with the outcome and would recommend Pickett Law to ALL my family, friends and acquaintances. Thank you !!!

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Rebecca Collura

If you are reading this you may have been in a car accident which I am sure has disrupted your life as it did mine. Dealing with your insurance company will be impossible and their goal is to give you the least amount of money possible regardless of your injuries. It is a slow process and you have to be patient. Andrew Pickett will work extremely hard to get you enough money to take care of past and potential future expenses. He is extremely good at what he does and his support staff are attentive and responsive as well. Personally I wouldn't be a number at one of those big firms that advertise on TV. Andrew was completely involved in my case and took great care of me. Stay strong, I pray the pain will lessen for you, and let Andrew fight for you!

Response from the owner: Thank you, Rebecca! What a thoughtful review. It was an honor to represent you.

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The entire team is amazing. Andrew and his team worked hard to get the best outcome for our case. I am very happy with our decisions to hire him after our accident.

Response from the owner: Thank you for trusting us, Sandra! It was an honor to represent you and your family.

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Andrew and his team were professional and helped me through every step of the way. They made sure I was comfortable and understood the entire process. I would strongly recommend them to anyone!

Response from the owner: Thank you, Joe! I’m happy that we were able to reach a favorable resolution.

Ashley Severance

Mr. Pickett is a fantastic personal injury attorney who has represented several of my own clients in various injury matters. He has obtained very favorable results for my clients. He is responsive, attentive, and detail oriented. I highly recommend his services.

Response from the owner: Thank you for the 5-star review, Ashley! We are honored to receive referrals from you.

Kimberly Marconi

I worked with Jessica Hicks after I was hit by another driver. She worked diligently, professionally, and exhaustively on my case which resulted in compensation. Jessica Hicks is by far one of the most caring, qualified, and knowledgeable lawyers in Brevard County and the state of Florida. I highly recommend Jessica for her skill, expertise, and exemplary service. You will not be disappointed in choosing her as your lawyer. Thank you, Jessica.

Response from the owner: Thank you for the kind review, Kimberly! I am pleased we were able to reach a resolution.

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Amazing law firm. Highly recommend.

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Karen Garach

I had the privilege of working with Andrew Pickett and his staff at Andrew Pickett Law for my personal injury case, and I couldn't be more satisfied with the outcome. From our first meeting, he displayed a genuine concern for my well-being and a deep understanding of the legal complexities involved.Mr. Pickett was always available to answer my questions and provided clear guidance throughout the process. He fought tirelessly on my behalf, ensuring that I received the compensation I deserved.The level of professionalism and dedication was truly outstanding. I highly recommend Andrew Pickett Law to anyone in need of a personal injury attorney. Thank you for your exceptional service!

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Hands down best attorney in town. Andrew takes his time with you through the entire process and keeps you informed. If you are looking for a local attorney that you can trust, Andrew Picket Law is for you.

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Andrew is an amazing attorney that truly cares about his clients.

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I had an excellent experience with Andrew Pickett and their team. From the initial consultation to the final settlement, they were professional, knowledgeable, and compassionate. They truly worked hard to get a favorable outcome. I highly recommend them to anyone in need of a skilled accident attorney. Thank you for your outstanding service!

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Raymond Miley

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linda williams

I had the best experience working with Pickett Law. They are all very knowledgeable about the law. We personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, they knew how to get us the most money that we were entitled to from a car accident. I don’t know what we would have done without their help. If you are ever looking for an atty, we highly recommend this office.

Response from the owner: Thank you for the great review, Linda! And thank you for your trust in our law firm. If we can ever assist you or any friends or family in the future, please let us know.

Shaun Peiffer

I had an excellent experience with Andrew Pickett Law firm. From start to finish, the team was incredibly responsive and attentive to my needs. Jessica was outstanding in patiently answering all my questions, making sure I fully understood each step of the process. I also want to thank Vonda for taking the time at the beginning of my case to walk me through everything, providing clarity and peace of mind. In the end, I was more than happy with the successful settlement outcome. I highly recommend Andrew Pickett Law firm for anyone seeking top-notch legal representation.

Response from the owner: Thank you so much for the wonderful review, Shaun! It was an honor to represent you. We are grateful for the trust you placed in us. If we can ever be of assistance to you or your friends or family in the future, please let us know.

Belinda Darnell

I had the privilege of working with Attorney Jessica Hicks alongside Attorney Andrew Pickett during my personal injury case, and their exceptional representation made all the difference. From the very beginning, they were attentive, compassionate, and highly engaged with every detail of my case. Attorney Jessica Hicks, in particular, formed a great personal connection with me, truly understanding the pain and challenges I faced after my accident.Their communication was outstanding, keeping me informed at every step through phone calls, office visits, text messages, and their office app. Attorney Jessica Hicks’ dedication and persistence led to securing the full allowable settlement amount without the need to go to court, which was an immense relief.I cannot recommend Attorney Jessica Hicks and Attorney Andrew Pickett highly enough. Their knowledge, support, and commitment are of the highest caliber. Jessica, in particular, is a determined and relentless advocate, ensuring that I was fully supported and heard throughout the process. If you're looking for attorneys who will truly fight for you, Jessica Hicks and Andrew Pickett Law are the ones to choose.

Response from the owner: Thank you for the great and thoughtful review, Belinda! It was a pleasure to represent you, and we are happy that you are satisfied with our efforts.

Jen Gonzo

ANDREW PICKETT LAW represented me in my case and they were professional all the way through. I am so grateful for what they were able to do for me. Big kudos to my attorney Jessica Hicks. 👏

Response from the owner: Thank you, Jennifer! Great review. So happy that we were able to resolve your case favorably!

Ken Williams

Andrew Pickett and his staff worked extremely hard to resolve my case I am extremely happy that I went with them and will use them in the future most definitely they kept me well informed and The professionalism I experienced wasunmatched.

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Valeta Cameron

Exceptional attorney! Highly recommended for any of your personal injury needs.

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Rose Hudson

Andrew and his team were incredibly knowledgeable and showed empathy and compassion to me throughout the entire process. My questions were always answered, even after the case closed. I continue to follow Andrew Pickett on various social media outlets as he regularly creates relevant and informative content. I highly recommend Andrew Pickett.

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Marquisha Mansfield

Very helpful great status wonderful work

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jhayco

Great job and great service

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Beatrice Maxime

I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. So we hired a Law Firm who then brought in Andrew Pickett Law on the case. I am so happy Andrew agreed to come onboard. He worked really hard on my case. Even though things were moving slow because of Covid-19 pandemic, he never stop working on my behalf. He was very dedicated to the case. I'm grateful for his professionalism, his patience, and his devotion.We ended up going to court and because of Mr. Pickett, we won the case.Thank you so much for all you did for us!!!!

Response from the owner: Beatrice, thank you so much for your kind words! I really enjoyed getting to know you and your family. It was an honor to represent you and join you on this journey.

Marilyn Colpitts

Fantastic service and professionalism. The Pickett Law firm handle my case with care and understanding. I recommend this firm with your case that may be out of the ordinary. Extremely pleased with the outcome.

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Tamara Peterson

From mid 2023 to February 2024 I had the honor of having Andrew Pickett Law Firm join the team representing my car accident case from 2019 which resulted in PTSD, and injuries to my neck, back, and brain.His high energy, determination, and dedication to bring the best possible outcome for any case definitely exceeded all expectations I could have possibly had.Resulting in the highest possible outcome for my case.I would highly recommend him to anyone needing legal representation!Knowing the depth of passion he has for every case he represents speaks for itself. You’re in the hands of a positive and powerful force with Andrew Pickett as your lawyer.

Response from the owner: Thank you for the kind words, Tamara. We were honored to represent you in your case.

Sylvester Hill

Response from the owner: Thanks for the 5-star review, Sylvester!

Brett Lindenberg

The best of the best! Andrew Pickett is the best personal injury / car accident attorney in Melbourne and possibly even the state of Florida. Most lawyers gloss over smaller clients, but Andrew demonstrated serious commitment, respect, and honesty throughout the process. Very thankful for Andrew Pickett Law and his knowledge to help resolve our situation quickly.

Response from the owner: Brett, we really appreciate the time you took to write such a nice review! It really means a lot to our firm.

Mary alice Mcconnell

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Davis Legal Center Inc

Attorney Pickett and his staff are excellent. I have personally worked with and seen his care and compassion for his clients. Not to mention his ability to obtain favorable results for his clients inside and outside the courtroom. I recommend Attorney Pickett and his team without reservation!

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Des

I'm so grateful for this firm! They handled my case quickly and with ease.

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Ryan McCarville

Andrew is a great attorney and works really hard for his clients. He is incredibly active in the community and has a great reputation among his peers.

Response from the owner: Thank you for the 5-star review, Ryan! I appreciate the encouragement.

Matt Horwarth

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Ethan Babb

Andrew is a tried and true trial attorney. I highly recommend him and his team of highly capable attorneys, paralegals and legal assistants. They truly care about their clients and go above and beyond to achieving the absolute best results.

Response from the owner: Thank you so much, Ethan! I have enjoyed getting to know you over the years and watching your career take off.

Betty Bobay

After being part of a unique preparation process Andrew uses to prepare his clients for presenting their story to a jury, I attended one of his trials to watch the process unfold. I was in awee as I observed how he left no stone uncovered with the depositions, visual aids, videos from relevant physicians, (who shared in lay terms with the jury...how the crash had impacted the client medically and changed the entire trajectory of their life). Andrew is laser focused on helping a jury understand how a client's life has been altered and the losses they have incurred as a result. If you need a Personal Injury Attorney, you could not ask for someone more compassionate and laser focused on helping you than Andrew Pickett.

Response from the owner: Thank you for the kind words, Betty

John Gozowsky

Thank Tina Johnson for a good job

Response from the owner: John, thank you so much for the kind words. It has been an honor helping you.