Can You Sue After Losing Your Partner To Wrongful Death?
Brian O Sutter
Wrongful Death
A wrongful death can be defined as any death caused by another party’s poor judgment, negligence, or recklessness. This may entail a variety of causes for the death, which include the following: • Auto accidents
• Defective or mislabeled equipment
• Medical negligence
• Work hazards
• Criminal action
Wrongful death claims are meant to provide monetary compensation to the family of the deceased. They make up for the person’s lost income and compensate the family for the emotional pain caused by the person’s death.
The definition of a loved one can be complex in some cases. Blood relatives to the deceased, such as a child or a parent as well as legal spouses, have the right to pursue a wrongful death claim. The case is a bit more complicated when it comes to unmarried partners. Read on to find out what determines whether you can or can’t sue for wrongful death for your partner.
Being Recognized By The State
Florida state law recognizes that the following individuals have the right to a wrongful death claim:
• The surviving spouse, children, or parents of the deceased
• Any relative, either by blood or adoptive, who was financially dependent on the deceased
This means that being officially recognized by the state as the spouse of the deceased automatically entitles you to the right to make a claim for wrongful death. If you are not among the individuals mentioned, for instance if you are an unmarried partner, there are still some cases where you can initiate the claim for wrongful death. Working with an experienced wrongful death lawyer is best to help you determine whether you can do so.
Your Partner’s Will
If there is a personal representative for the estate of the deceased, they can act as the plaintiff in a wrongful death case. An individual is recognized as the personal representative for the estate if they have been appointed through the will of the deceased.
If your partner has named you as their personal representative in their will, you can sue for wrongful death. This also means that you have the right to recover compensation from an ensuing case.
How Long Do You Have To File A Claim?
With the exception of specific instances listed in state law that may allow for a deadline extension or suspension, wrongful death cases in Florida must be filed within two years to the day of a person’s death. It’s best to have a lawyer with experience in filing wrongful death cases to help determine if your case might be eligible for these exceptions.
No amount of compensation will make up for the life of your partner being taken away. However, a wrongful death claim will allow you to seek justice for yourself and your beloved as well as accountability from those who should be held responsible.
The death of a partner can often be overwhelming and leave you wondering why everything turned out the way they did. This is all the more reason to seek out proper professional advice and representation to help you evaluate what you should do next. All Injuries Law Firm has professionals ready to help with all sorts of injury claims, whether it be workers’ compensation, disability claims or personal injury claims such as those for wrongful death cases. At All Injuries Law Firm, we’re committed to helping you get the compensation that you deserve. Contact us today to learn more.