Wrongful deaths in South Florida often occur as a result of:
- Vehicle accidents
- Botched surgery
- Dangerous drugs
- Harmful or defective products
- Work-related accidents
A death is considered “wrongful” if it is caused due to negligence or wrongdoing of another. Florida’s Wrongful Death Act
governs lawsuits and damages recoverable by those who have lost a loved one due to someone else’s negligence.
Compensation for wrongful death claims may include:
- Economic losses such as lost wages, medical bills, etc.
- Non-economic losses including but not limited to loss of the relationship and mental anguish
In order to bring a successful wrongful death cause of action, the following elements must be present:
- The death of a human being
- The wrongful death is caused by another’s negligence
- Loss as a result of the death
- The survival of family members or others entitled to sue
If the previous elements are present, Florida’s statute of limitations allows beneficiaries to file a claim up to 2 years
after the wrongful death occurred.
Who can bring a wrongful death claim forward?
General claims for wrongful death compensate the relatives or “beneficiaries” of the deceased one. This means that immediate family such as children or spouses are eligible for filing a claim on behalf of the deceased.
What if there is no spouse or no children?
In this case, personal representative may be appointed by the courts or through other methods according to Florida’s Wrongful Death Act. Probate procedures are involved in these types of claims and they can be quite complicated so it is prudent to consult an attorney with extensive familiarity with these procedures and laws. Remember, you do not have to face this on your own!
It is very common that soon after a death insurance companies may begin building their defense to your claims. Do not delay or put off hiring an attorney to protect you and your family’s rights. The insurance company has lawyers at their fingertips. So should you!
The information on this site is provided for informational purposes and should not be taken as legal advice. A qualified personal injury lawyer will be able to thoroughly review the facts of your particular claim and tell you if whether or not your case has merit.