Understanding The Basics Of Florida Wrongful Death Claims
Brian O Sutter
Wrongful Death
If you’ve lost a loved one through the negligent actions of another party, it can be devastating. Your family and your loved one deserves justice. Though no amount of money will ever make up for the loss of their life, a settlement for wrongful death can help reduce the burden of the loss. It can help make sure everything from funeral costs to your family’s future financial stability are covered.What Is Wrongful Death?
Wrongful death is the legal term for when someone has lost their life as the result of another’s negligent or wrongful acts. In the state of Florida, wrongful death is defined by legal code 768.18 “The Wrongful Death Act”. The legal code also defines the right to action, who can file a wrongful death claim, damages that can be awarded, and the statute of limitations for wrongful death claims. Wrongful death is a civil claim and can be filed alongside a criminal case.
Who Can File A Wrongful Death Claim In The State Of Florida?
Florida law allows a personal representative of the deceased person’s estate to file a wrongful death claim. The personal representative is usually defined in the deceased party’s will or estate plan. If there is no appointed personal representative, the courts will appoint one. The personal representative works on behalf of the deceased person’s surviving family members. Family members include:
● Immediate relations including the spouse, children or parents of the deceased
● Any blood relative or adoptive sibling who is dependent on the deceased for support
In wrongful death cases, multiple family members can pursue damages.
What Are The Damages Awarded In Florida Wrongful Death Cases?
Under Florida state law there are a variety of claims that can be sought after by the personal representative of the deceased. They include:
● Medical expenses including medical treatments, physical therapy, and prescriptions
● The value of support or services the deceased provided to family members
● Loss of consortium, otherwise known as loss of companionship or protection
● Emotional distress from the grief of loss
● Lost wages, benefits, and other earnings
● Loss of potential estate value including loss of future earnings and asset value
These damages awarded and the value of those damages will be determined based on the specific circumstances of the death. There is no guarantee that you will receive all the of the benefits available.
What Is The Statute Of Limitations For Wrongful Death Claims In Florida?
Wrongful death claims have a statute of limitations in the state of Florida. The law requires that a wrongful death lawsuit must be filed within two years of the date of death. There are exceptions to this rule under specific circumstances. In general, these exceptions are very strict, so the sooner you file your wrongful death claim, the better. If you do not file in time, you could lose your right to a settlement.
Pursuing damages for the loss of a loved one can be a very stressful process. That is why it is critical that not only do you hire an attorney, you hire a compassion and experienced attorney who understands your situation and knows how to get justice for your loved one and your family. At All Injuries Law Firm, we specialize in Wrongful Death cases. When you work with us, we take care of everything. We will fight to make sure that your family is protected and that you can just focus on healing.
Call us today at 1-941-625-HURT for a free case review. We’ll take a look at the specifics of your circumstance and help you understand your options.