Wrongful Death, Florida Law, Compensation and Justice
Brian O Sutter
Wrongful Death
There are few things in this world as painful as seeing a loved one die. Whether it’s your parent, sibling, or particularly your child, being a survivor is always difficult. And if you have cause to think that someone else is responsible for your loved one’s death, dealing with the pain can be even harder. Filing a wrongful death suit will not bring your loved one back, but it may be able to force the person or organization responsible to pay for what they’ve done.The Way It Works
Homicide and criminal negligence are criminal matters which the state prosecutes in order to impose a fine, a prison sentence, or very possibly the death penalty. In contrast, wrongful death suits are civil cases which typically must be filed by a direct relative or the executor of the deceased’s estate.
While criminal cases are about exacting justice, the purpose of a wrongful death case is to compensate the survivors or the estate directly. This compensation includes obvious matters such as medical and funeral expenses, but it can also include payments based on emotional pain and suffering and lost income which the deceased person would have earned if he or she was still alive.
Wrongful death cases are often associated with criminal cases, but they are independent actions. They can be filed even when there is no criminal conduct or when the criminal case finds no guilt. Even if an unforeseen accident causes the death, the defendant may still have some liability. Wrongful death cases may even have the opposite result of a criminal case – in one famous example, O. J. Simpson was found not guilty regarding the death of his ex-wife and her lover, but in the following wrongful death case he was found liable for both deaths.
Know Your Jurisdiction
Although the general aspects of important laws tend to be the same throughout the United States, important details may be different in each individual state. For instance, in Florida you must file a wrongful death suit within two years of the tragic event or else lose the right to sue altogether.
However, Florida law also provides certain exceptions and extensions to this limit. If the wrongful death is related to a murder or manslaughter case, there is no time limit on when you can file your civil case. If there’s another act of litigation moving through the courts, such as a criminal negligence trial, the time limit can be tolled, or suspended, until the trial is complete. Allowing these other trials to finish first can be very important to your case, since their results can significantly influence your own.
In addition to differences between state laws, there may also be changes and additions to the law at the county and municipal levels. As such, it’s important to consult with a reputable law firm that operates in your local area before you file any litigation. If you live in southwest Florida, particularly in Port Charlotte or Sarasota County, you should contact All Injuries Law Firm, P.A., to find out what your rights are in regards to wrongful death, workers’ compensation, and other personal injury cases. We may not be able to bring your loved ones back, but we will do our best to give you just compensation for your loss.