Blog, Wrongful Death
A wrongful death claim is a legal action filed by the surviving family members of a person who has died due to the wrongful act, negligence, or default of another individual or entity. These claims seek to hold the responsible party accountable and obtain compensation for the various losses suffered by the surviving family.
A Florida wrongful death attorney stands ready to guide grieving families through this challenging process, helping them to secure the justice and compensation they deserve.
How Wrongful Death Claims in Florida Work
The wrongful death claims process from the initial investigation to a potential trial encompasses several critical stages, each demanding meticulous attention to detail and adept handling by experienced wrongful death attorneys.
- Investigation: The first step is a thorough investigation to gather evidence of the defendant’s liability. This could include accident reports, medical records, witness statements, and expert opinions.
- Filing a Lawsuit: If sufficient evidence supports your claim, your wrongful death attorney will file a lawsuit against the responsible party.
- Negotiation and Settlement: Many wrongful death cases are resolved through negotiation and settlement. Your attorney will advocate for the maximum compensation you deserve.
- Trial: If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome.
The process of a wrongful death claim in Florida is a testament to the commitment to uphold the rights of individuals against the consequences of negligence. With the right legal support, families can navigate this complex legal landscape more confidently, ensuring that they are adequately compensated for their loss and that justice is served.
Wrongful Death Statute of Limitations in Florida
It’s crucial to act quickly when pursuing a wrongful death claim in Florida. The Florida wrongful death statute of limitations generally requires that a claim be filed within two years of the date of death. Failing to file within this timeframe could result in the forfeiture of your right to seek compensation.
There are some exceptions to this rule, such as cases involving criminal homicides, where there may be no statute of limitations. If you’re unsure whether your claim falls within the statute of limitations, it’s essential to consult with an experienced wrongful death attorney in Florida as soon as possible.
Who Is Eligible to File a Wrongful Death Claim?
The initiation of a wrongful death claim is typically managed by the personal representative of the deceased’s estate. This representative acts on behalf of the surviving family members who are the beneficiaries of any resulting compensation.
The scope of who may benefit from a wrongful death claim is clearly defined by statute to ensure that those most affected by the loss are adequately compensated.
- Spouse: The surviving spouse is entitled to compensation for their losses, including loss of companionship, support, and financial contributions.
- Children: The children of the deceased, both minor and adult, may be entitled to compensation for the loss of their parent’s financial support, guidance, and emotional support.
- Parents: The parents of a deceased minor child can seek compensation for their loss. In some cases, the parents of an adult child may also be eligible if they are financially dependent on the deceased.
The eligibility to file a wrongful death claim in Florida is structured to ensure that those who depended most on the deceased, both emotionally and financially, are able to seek justice and compensation.
Florida Wrongful Death Damages
The damages recoverable in a wrongful death lawsuit in Florida are designed to compensate the survivors for their tangible and intangible losses. These damages are categorized into economic and non-economic damages, each addressing different aspects of the survivors’ suffering and loss.
- Economic Damages: These damages are intended to compensate for measurable losses. They include the deceased’s lost wages and potential future earnings, which provide for the family’s standard of living.
Also covered are medical expenses incurred prior to death, funeral and burial costs, and the valuation of lost benefits such as health insurance. These damages help to stabilize the financial disruption that often follows unexpected death.
- Non-economic Damages: These damages recognize the less tangible but equally significant impacts of the loss. Compensation can be sought for the loss of companionship, affection, and moral support the deceased provided.
Survivors may also seek damages for their own mental pain and suffering due to the loss of their loved one, acknowledging that the emotional impact of such a loss extends deeply into the family’s life.
The total compensation awarded in wrongful death cases depends on various factors, including the age and health of the deceased at the time of death, their earning potential, and the circumstances of their death. The degree of negligence or fault attributed to the defendant also plays a crucial role in determining the settlement amount.
Seek a Florida Wrongful Death Attorney
Losing a loved one is an unimaginably difficult experience, but you and your family do not have to face the legal alone.
The Morgan Law Group is here to provide the legal support and guidance needed to bring about a wrongful death claim in Florida. With a deep understanding of the Florida wrongful death statute of limitations and damages, our wrongful death attorneys are committed to helping families achieve the compensation they need to move forward.
If you are seeking a wrongful death attorney in Florida, consider reaching out to us. Our experience in Florida wrongful death claims ensures that your case is handled with the utmost care and professionalism, allowing you to focus on healing during this challenging time.
Contact us today to learn how we can assist you in your pursuit of justice and recovery.
