Auto Accidents

Workers Compensation

Social Security

Storm Damage Claims

Call Now For A Free Consultation

(941) 625-4878
Attorney Referrals
& Co Counselor
Contact All Injuries Law Firm

5 Things You Need To Know When Filing A Wrongful Death Lawsuit In Florida

It is truly unfortunate if we have to arrive at filing a wrongful death claim but it is important that you know the ins and outs of it. Wrongful death cases are filed when someone’s death is caused intentionally by another person or due to their negligence. There are rules about filing a wrongful death case and if you are planning to pursue it, here are the things that you should know:

Who Can File For A Wrongful Death Lawsuit?

Under Florida Law, a wrongful death claim can be filed by a personal representative of the deceased. Do take note that the representative who will file the case is different from those who can claim the wrongful death damages. The deceased’s personal representative will be filing the case on the dead’s behalf and surviving relatives. The representative can either be appointed by the court or named in the will or estate plan of the deceased.

Who Can Claim The Wrongful Death Damages?

When a wrongful death lawsuit is filed, the representative has to list down the beneficiaries who can claim the damages. They include:

• Spouse
• Children
• Parents
• Other blood-related family members
• Children who are born out of wedlock that are being supported by the deceased

What Are The Damages That Can Be Claimed By Wrongful Death Beneficiaries?

There are different types of damages that can be claimed by the deceased’s bereaved and it varies on their relationship. For the immediate family members, which are the spouse and children, they can receive compensation for emotional distress and loss of companionship. On the other hand, parents of the deceased cannot claim for damages on emotional distress unless the deceased is a minor.

Damages in medical expenses, wages, and funeral costs can also be claimed and this is measured from the time of negligence until the recorded time of death. This means that the total medical costs incurred for the whole duration of the deceased’s hospital day until their passing, can be claimed by the rightful beneficiaries in addition to funeral expenses and the deceased’s lost wages.

Is There A Time Limit For Filing A Wrongful Death Lawsuit?

Yes. The Florida Law states that the bereaved family members and relatives are given exactly two years to file a wrongful death lawsuit from the date of the deceased’s death. During this time period, you should be able to file a case and claim for damages.

There are some things that you need to take note of and these can be considered an exception to the rule. First is that in cases that requires investigations, it may take a longer time period to pinpoint the exact date and time of death. Second, it should first be proven that a wrongful death indeed has taken place.

What Situations Can Lead To A Wrongful Death?

Wrongful Deaths is caused intentionally or by someone’s negligence. With that said, there are different types of wrongful death claims such as auto accidents, work-related accidents, use of expired or defective products, and even aviation accidents.

The passing of a loved one happens in the most unexpected times and often leaves us off guard, whether but it is still important to know what next steps you can take in order to be given the justice that your family deserves. Getting assistance from a professional can be very helpful in dealing with the stress, trauma, and losses that a wrongful death has caused.

Featured Video