If your loved one has suddenly passed away, then this may be having a devastating impact, both mentally and financially, on you and your other close relatives. This is especially true if they died because of someone else’s negligence or carelessness.
You could be eligible to file a wrongful death lawsuit if you lost a loved one due to an incident that was not their fault.
While a wrongful death lawsuit will not be able to make up for their passing, the settlement you and your family receive will be able to provide for you, which is particularly important if you relied on them financially and act as proof that justice has been served. If you’re considering filing a wrongful death claim, then you should get in touch with a Florida wrongful death attorney as soon as possible, so you can discuss the validity of your claim with them and get all the help you need.
At The Law Place, our team of attorneys has over 75 years of collective experience in helping clients just like you file a wrongful death lawsuit, and so you can be sure that we’ll be able to guide and support you through this difficult process. We know that a successful lawsuit will not be able to fix the emotional suffering you’re likely enduring, but it will also secure the financial future of you and your family. Our lawyers will prioritize your case and ensure that you receive the full and fair compensation that you deserve.
For compassionate and reliable help, call The Law Place today at (941) 444-4444 and schedule a completely free, no-obligation consultation. We want to help you.
What Is Wrongful Death?
Wrongful death is where someone is killed because of another person’s negligent and/or direct actions. Under Florida Statute 768.19, if a death is caused because of a “wrongful act, negligence, default, or breach of contract or warranty,” then a wrongful death lawsuit may be filed.
A wrongful death claim is classed as a civil action. The purpose of the claim is to seek financial damages for the family members of the deceased from the individual and/or company that caused the preventable death because of their negligence. It is usually filed on behalf of the deceased person’s relatives by the personal representative of the deceased’s estate.
Wrongful death lawsuits are different from criminal prosecution, which means that the at-fault party could potentially face a criminal charge and a wrongful death claim. For example, if a person is killed because of being involved in a car accident with a drunk driver, the drunk driver will be charged by law enforcement for DUI manslaughter and will also be able to be held accountable by the family through a wrongful death case. This is explained in more detail in Florida Statute 768.21.
If one of your loved ones has died because of someone else’s negligence or carelessness, then you may be eligible to file a wrongful death claim and seek compensation. If you want to find out if you have a valid claim, call The Law Place today, where you’ll be able to schedule a free, one-on-one consultation with an experienced wrongful death attorney.
For a free legal consultation, call 941-444-4444
Types of Wrongful Death Lawsuits
There are many different types of negligence that can result in an innocent person’s death, all of which you can file a wrongful death lawsuit over. The most common wrongful death claims that are filed in Florida are caused by the incidents listed below:
- Accidents at work.
- Auto accidents.
- Boating accidents.
- Construction accidents.
- Dangerous property conditions.
- Intentional criminal acts.
- Medical malpractice.
- Mislabeled or unsafe products.
- Negligent or inadequate medical care.
- Slip and fall accidents.
If your loved one died in one of the above incidents or from another type of negligence, then you should contact The Law Place immediately. Our Florida wrongful death attorneys will talk through your potential claim with you, assess whether it’s valid, and recommend the next steps that you should take. To schedule a free consultation, call us today.
Who Can Sue for Wrongful Death?
In order to initiate the official complaint, you should ensure that a wrongful death lawyer, or another personal representative, is present in court. This representative must be someone named in the deceased person’s estate plan or someone who the court has appointed. They will file the claim on behalf of the family members who have suffered from the loss of their loved one, both emotionally and financially.
As well as this, the representative should list all the surviving family members who are involved in the lawsuit. Usually, these family members include the following:
- The spouse of the deceased person.
- The deceased person’s children, including adult and minor children.
- The parents of the deceased person.
- Any other dependent blood relatives of the deceased person.
- Any dependent adoptive siblings of the deceased person.
These relatives are known under Florida law as survivors, and they may be entitled to compensation, which covers a range of expenses that the deceased’s family is now facing, as well as losses they’re enduring.
In Florida, the siblings of the deceased can file a wrongful death lawsuit in certain circumstances. If you relied on your sibling financially up to their death, then you may be eligible to bring a wrongful death lawsuit, but only after the deceased’s spouse, children, and parents have filed their claim.
This can be quite confusing, so for more information, contact The Law Place. Our lawyers will be happy to help you in any way they can, so feel free to arrange a case evaluation with a member of our team today!
What Damages Can Be Collected in Wrongful Death Cases in Florida?
Every single case is different, which means that the type and amount of compensation that you receive depend completely on the specific circumstances. However, listed below are some of the damages that are commonly secured by the Florida wrongful death attorneys at The Law Place on behalf of their clients in wrongful death cases:
- The loss of their income – If you were financially dependent on the deceased person, then you may be struggling to cover your bills and other necessary expenses, such as grocery shopping. If so, you could be owed compensation to cover these costs.
- The loss of services they performed – If your loved one regularly provided significant and valuable services for you, which you may now have to pay for, then you could be entitled to compensation to cover these new costs you’re now incurring. These services include childcare, maintenance tasks, and more.
- The loss of their companionship, support, and advice – While a wrongful death claim can’t replace your loved one and the impact they had on your life, it can provide you with the funds you need to move forward and act as some closure.
- Expenses you incurred before their death – In a lot of cases, the deceased were hospitalized before their death, which means that they obtained large medical bills. Depending on how long they were in the hospital and the type of medical treatment they required, these expenses can be substantial, and you may now be struggling with medical bills worth thousands of dollars. If this is the case for you, you could be entitled to compensation to cover these expenses.
- The pain and suffering endured by your loved one before their death – If your loved one experienced a lot of pain and suffering before their death, then you may be able to claim compensation on their behalf.
- Burial and funeral expenses – You could be owed money to cover however much the burial and funeral cost you.
Of course, we understand that no amount of financial compensation will be able to fix the emotional pain that you are most likely experiencing, but it can help you financially and act as proof that some justice has been served. So, if you wish to bring a wrongful death lawsuit in Florida, contact The Law Place now and schedule a free consultation.
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How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Like with every kind of lawsuit, Florida wrongful death claims have to be filed within a specific period of time, as is explained under Florida Statute 95.11. This law is known as a statute of limitations. For a wrongful death case, the lawsuit must be filed within two years from the date of the person’s death. If the claim is filed after this time, then it will most likely be dismissed, regardless of how extreme the circumstances surrounding the case are.
There is an exception to this, however, as a wrongful death claim can be filed at any time if the death was caused by murder or manslaughter, even if the accused has never been convicted, charged, or even arrested of the crime.
Because of this time constraint, it’s important that you contact The Law Place as soon as possible. This will ensure we have plenty of time to put together a strong and solid claim on your behalf and ensure you get every cent that you deserve.
Contact The Law Place
When someone passes away in any way, those who loved them are left suffering from emotional distress and often some financial burdens. However, for people who unexpectedly lose a loved one because of someone else’s negligence, their pain and suffering might be even worse, as their loss will likely feel incredibly unjust.
Because of this, it’s crucial that you ensure that your wrongful death lawsuit is in the hands of understanding and skilled attorneys who are ready to fight on behalf of you and your family to secure the compensation that you deserve.
If you wish to file a wrongful death lawsuit in Florida, then you should consider The Law Place as soon as possible. Our team of lawyers boasts an impressive amount of knowledge and experience, so you can trust that they will be able to help you.
Contact us today for a free consultation at (941) 444-4444.