Under Florida law, wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person or entity. Wrongful death claims can arise from various situations, including:
Florida law specifies the eligible parties who can file a wrongful death claim:
Personal Representative: The personal representative of the deceased’s estate is responsible for filing the wrongful death lawsuit on behalf of the surviving family members.
Surviving Family Members: The deceased’s spouse, children, parents, and, in some cases, other blood relatives or adoptive siblings who were dependent on the deceased for support or services may be eligible to recover damages.
In Florida, wrongful death claims aim to compensate surviving family members for various losses incurred due to the untimely death of their loved one. Types of damages that may be awarded in a wrongful death case include:
Economic Damages: These include financial losses such as medical expenses, funeral and burial costs, lost income, and loss of future earnings or benefits.
Non-Economic Damages: Compensation for intangible losses such as pain and suffering, loss of companionship, guidance, and mental anguish experienced by surviving family members.
Punitive Damages: In cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.
It’s essential to be aware of the statute of limitations, which dictates the time limit for filing a wrongful death lawsuit in Florida. In most cases, the statute of limitations for wrongful death claims in Florida is two years from the date of the deceased’s death. However, certain exceptions and circumstances may alter this timeframe, underscoring the importance of seeking legal counsel promptly.
In Florida, the burden of proof in wrongful death cases lies with the plaintiff, who must demonstrate the following elements to establish liability:
Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely, and healthcare professionals have a duty to provide competent medical treatment.
Breach of Duty: The plaintiff must prove that the defendant breached their duty of care through negligent or wrongful actions.
Causation: It must be established that the defendant’s breach of duty directly caused the death of the victim.
Damages: Finally, the plaintiff must demonstrate the quantifiable damages suffered as a result of the wrongful death.
Florida follows a comparative fault system, which means that if the deceased was partially at fault for their own death, the damages awarded may be reduced accordingly. However, Florida’s pure comparative fault rule allows plaintiffs to recover damages even if they were primarily responsible for the accident, albeit at a reduced amount proportionate to their degree of fault.
Navigating a wrongful death claim can be overwhelming, especially in the midst of grieving for a lost loved one. At Your Insurance Attorney, we offer compassionate support and unwavering advocacy to families seeking justice for wrongful death in Florida. Here’s why you should choose us:
Experience: Our legal team has extensive experience handling wrongful death cases in Florida and is well-versed in the nuances of state laws governing such claims.
Personalized Attention: We understand the unique circumstances of each case and provide personalized attention to every client, ensuring that their individual needs and concerns are addressed throughout the legal process.
Strategic Representation: We leverage our legal expertise and resources to build strong cases on behalf of our clients, advocating vigorously for the compensation and justice they deserve.
Proven Results: Our track record of successful outcomes speaks to our dedication and commitment to achieving the best possible results for our clients.
If you have lost a loved one due to wrongful death in Florida, don’t hesitate to seek legal guidance and representation from the experienced attorneys at Your Insurance Attorney. We are here to help you navigate the legal process with compassion, integrity, and determination. Contact us today to schedule a consultation and learn more about how we can assist you during this difficult time.
A wrongful death happens when someone’s negligence, recklessness, or misconduct causes a person’s death. This can include car accidents, medical malpractice, defective products, or even criminal acts. If your loved one’s death was preventable, you may have a legal case to seek justice.
In Florida, only the personal representative of the deceased’s estate (usually named in their will) can file the lawsuit. However, the claim is made on behalf of surviving family members, such as spouses, children, parents, or other dependents who suffered financial or emotional loss.
You may be entitled to compensation for medical bills, funeral expenses, lost wages, and pain and suffering. Families can also recover damages for loss of companionship, emotional distress, and future financial support the deceased would have provided. Every case is different, so it’s best to consult a lawyer.
Florida law gives you only two years from the date of death to file a wrongful death lawsuit. Exceptions exist, but missing this deadline could mean losing your right to compensation. It’s crucial to speak with an attorney as soon as possible to protect your case.
Yes! Wrongful death cases are complex, and insurance companies often try to pay families far less than they deserve. A skilled wrongful death attorney can handle the legal process, negotiate aggressively, and fight for maximum compensation while you focus on healing.
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