A person may file a wrongful death claim when the negligence or wrongful act of one party causes the death of another party. Essentially, a wrongful death lawsuit allows a person to file a lawsuit on behalf of someone who has died. If your loved one has been killed in an accident, you may be entitled to financial compensation via a wrongful death lawsuit. Below is an overview of wrongful death in Florida.
Filing a wrongful death lawsuit
In Florida, a wrongful death claim may only be filed by the personal representative of a deceased person’s estate. A personal representative may either be appointed by the court or named in the deceased individual’s will. In Florida, only certain people are permitted to recover damages in a wrongful death case, including:
- The spouse, parents, and children of the deceased individual; and
- Any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services.
Timeline for filing a wrongful death lawsuit
A party may file a wrongful death lawsuit within two years of the date of a person’s death. However, there are some unique situations in which this deadline may be extended. In order to determine if you are eligible to file a wrongful death lawsuit, please contact a wrongful death attorney for a consultation.
Damages available in a Florida wrongful death lawsuit
If a plaintiff is successful in a Florida wrongful death case, he or she may be entitled to significant financial compensation. Damages to which surviving family members may be entitled include:
- Loss of companionship, guidance, and protection provided by the deceased family member;
- Pain and suffering;
- The value of support and services the deceased person had provided to the surviving family members; and
- Medical or funeral expenses that surviving family members paid for the deceased family member.
In addition, the deceased party’s estate may be entitled to recover certain types of damages, including:
- Lost wages, benefits, and other earnings, including the value of any earnings that the deceased party could have been expected to receive had he or she survived;
- The value of earnings the deceased party’s estate could have been expected to collect had he or she lived; and
- Medical and funeral expenses that were paid by the estate.
Contact a Florida wrongful death attorney
At Staples, Ellis + Associates, we know the pain caused by the loss of a loved one. And although nothing can totally eradicate this pain, damages in a wrongful death lawsuit can help alleviate any financial stress you have experienced due to your loved one’s passing. At Staples, Ellis + Associates, we are committed to helping you find justice while holding all negligent parties accountable. We are compassionate legal advocates who will fight for your right to meaningful compensation. Our experienced wrongful death lawyers will offer you knowledge experience, and the personal attention you deserve. Please contact our office today to arrange a consultation.
Posted in: Wrongful Death