Picking Up The Pieces After The Death Of A Loved One
Brian O Sutter
Wrongful Death
When someone you love has been taken away as a result of an unexpected accident, you’ll likely experience a flurry of emotions. The deepest levels of hurt can only be matched by the deepest levels of anger toward the negligence of the party that caused the death. Recovery from such a loss might be difficult and take time, but if you believe that another party is at fault in the death of your loved one, you might be able to file a wrongful death claim against them.Who Can Bring About A Wrongful Death Suit
Under Florida law, when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person, the deceased person’s estate can bring about a civil lawsuit to seek losses. The individuals who can bring about a wrongful death claim include those who are related to the deceased as a:
• Spouse
• Child
• Parent
• Dependent blood relative
• Child born out of wedlock of the mother; also of the father if it is established that the father assumed responsibility and support for the child.
The claim must be filed by a personal representative of the estate, typically named in the estate plan or will. If no such representative is listed, the court may appoint one. It is the responsibility of the personal representative to list every survivor who has an interest in the case.
Damages And Limitations
Some of the damages awarded to family members in a wrongful death lawsuit include:
• Value of support and services the deceased person provided
• Loss of companionship, guidance, and protection they provided
• Mental and emotional pain and suffering from the loss of a child
• Medical and funeral expenses a surviving family member has paid for the deceased person
The state of Florida has a statute of limitations that sets a time limit on when a wrongful death suit can be filed. A wrongful death claim must be filed within two years of the date of death. Some cases can postpone the deadline under specific circumstances, so having a lawyer who is familiar with the circumstances and laws of wrongful death claims can help sort things out.
Getting The Help You Need And Deserve
Sometimes, the rules pertaining to wrongful death lawsuits can be complicated. Aside from the complexity of the statutes and cases that currently exist, Florida’s wrongful death statute and other potentially relevant statutes are amended regularly.
If you have lost a loved one because of the actions of another person, contact our skilled and experienced attorneys at All Injuries Law Firm. We can assist you with evaluating your case, understanding your legal rights, and determining whether or not you have a claim under Florida’s Wrongful Death Statute.
There is no easy way to recover the love and companionship of your loved one, but with a wrongful death suit in the works, you just might save another family from enduring the same loss.