Wrongful Death Claims
The term “wrongful death” refers to the loss of life that is wrongfully caused by another personal or persons. Wrongful death can be caused by car accidents, trucking accidents, medical malpractice, slip and falls, work injuries, defective products or other causes. Our Firm has many years of experience dealing with insurance companies, corporations, and individuals who may be responsible for the loss of a loved one.
The tragedy of losing a loved one causes immeasurable pain. When caused by the wrongful conduct of another justice requires that some action is taken. Whether the death be from an automobile collision, an aviation disaster or other transportation incident or caused by a dangerous product or medicine, a fall, an act of violence or an improperly trained/acting professional, public employee, police officer or health care worker, damages normally include substantial financial losses.
Oftentimes, a financial provider of a family is the victim in a wrongful death matter. The impact of the death can include a loss of income to the spouse and children. Florida has enacted wrongful death law that spells out many of the details involved in this type of claim, including who has the right to file a lawsuit for wrongful death, what types of monetary damages are compensable, and when the lawsuit has to be filed.
Only certain individuals are entitled to seek compensation for the death of a family member. Children born out of wedlock, spouses that were contemplating filing for divorce or have remarried are often presented with the question of whether they have the legal right to go to court to recover monetary damages resulting from the wrongful death.
Florida’s Wrongful Death Act specifies that those who are entitled to seek compensation are the decedent’s spouse, parents, children, and when wholly or partly dependent on the decedent for services or support, any blood relatives and adoptive brothers and sisters and well as some other categories of claimants.
The question of whether there is anyone qualified to seek compensation for the damages for a wrongful death claim is only part of the equation. What kinds of monetary compensation are available in these types of cases? Where can the lawsuit be filed if the wrongful act took place in one location and the death occurred in another state or country? The decisions to be made in the unfortunate scenario of a loved one dying through the fault of another can be perplexing, overwhelming, and critical in terms of achieving fair and adequate compensation.
In every lawsuit, the afflicted party must file a claim within a certain time limit. This time period is known as the statute of limitations. In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. In other words, if a loved one passes away because of another’s recklessness or negligence on July 1, 2005, you must file a Florida wrongful death claim by July 1, 2007. Failing to file a claim within Florida’s wrongful death statute of limitations may prohibit the deceased’s family from ever recovering compensation for your loved one’s death.
Although a challenging, sensitive and subtle area of law, our Firm provides an aggressive, knowledgeable team to represent the victims of wrongful conduct in all stages of a claim for compensation and justice.
If you require the immediate services of a highly experienced and aggressive attorney, please call the Firm at 561 748-8000 or email us at email@example.com.