It can be a tough experience losing your loved one. It can be harder to cope with the loss if their death
was caused by someone else’s actions. This is known as a wrongful death in most states and can be
grounds for a lawsuit. But it’s important to understand the specifics that work in these cases to make
sure that you can file one. This ensures that you file the right lawsuit in Florida and can receive the
compensation that works best for your case. The more information you have, the quicker you’ll be able
to get justice for your loved one.
Understanding Wrongful Death in Florida
In simple terms, wrongful death in Florida occurs when someone’s negligence, recklessness, or
intentional actions lead to another person’s death. More often than not, this can count towards
wrongful death. Medical malpractice is among the typical types of wrongful death as a loved one’s death
was caused by a medical professional. Another one can be product liability which can be counted
towards the manufacturers of the product. Essentially, if the deceased person could have filed a
personal injury lawsuit had they survived, their family may be eligible to file a wrongful death claim on
their behalf.
Who Can File a Wrongful Death Claim?
According to Florida law (Statute § 768.19), a wrongful death claim can be filed by a representative of
the loved one’s estate. Most of the time these representatives are the surviving members of the family
dealing with this loss. The personal representative is usually appointed in the deceased person’s will or
by the court if there’s no will. Eligible family members for compensation include the spouse, children,
parents, and any blood relatives or adoptive siblings who were financially dependent on the deceased.
Once you understand where you stand in the family then you can work towards filing a lawsuit.
Proving Liability in a Wrongful Death Claim
To successfully file a wrongful death claim in Florida, certain elements must be proven. These are the
details that you need to keep up with when working on your case. First, it needs to be established that
the defendant was not being careful toward your loved one, which varies depending on the
circumstances (e.g., a driver owes a duty of care to others on the road). You need so that you can show
how this death could have been avoided if the defendant hadn’t been negligent. It’s important to keep
track of medical records and other types of evidence that can help with your claim.
The Importance of Timeliness: Statute of Limitations
Florida’s wrongful death statute includes a critical element – the statute of limitations. This sets the
timeframe for filing this specific claim. You have about two years after your loved one’s death to file for
this claim. These time frames are put in place to keep these cases going in a timely fashion. This also
prevents people from trying to file these lawsuits several years after the event happened. Exceptions
exist, such as in cases of medical malpractice where the timeline may be extended. Acting promptly is
crucial, so consulting with a wrongful death attorney early ensures the claim is filed within the necessary
timeframe.
Compensation and Damages
While no amount of money can replace a lost loved one, pursuing a wrongful death claim can help ease
financial burdens. If your loved one passed due to someone else’s negligence, then it’s important to
receive financial aid to help your family recover. Damages awarded in these instances may additionally consist of compensation for medical expenses, funeral costs, lost income, loss of companionship, and the pain and
suffering endured by the deceased before their death. These are put in place to keep families afloat as
they are working through a sudden loss. Keep track of paystubs and other expenses to show the amount
of compensation you need to cover all the costs.
When it comes to dealing with a sudden death, it can be hard to work through these details. It’s in your
best interest to investigate the qualifications for wrongful death and see if your case matches them. If
they do, then you need to research a trusted legal team in your area to help with your case. From there,
they will review the details of your case and make sure you get the justice you deserve. You have a right
to fight for your loved one and receive compensation that helps cover costs and lets you grieve in peace.
